UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY Goyf'fi-r-ryQ' Lswi, sTg-f^/Tsr &T: GENERAL LAWS or CALIFORNIA AS AMENDED UP TO THE END OF THE SESSION OF 1897. Containing the Laws that are in Common Use in Full, with References to Other General Laws in Force, and also to Special Laws IN Force or Showing where such Special Laws may be Found. BY JAMES H. DEERING OF THE SAN FRANCISCO BAR. SAN FRANCISCO: BANCROFT-WHITNEY CO. Law Publishers and Law Booksellers. 1897. 5 Copyright 1897." BANCROFT-WHITNEY CO. San Francisco: The Filmer-Rollins Electrotype Company, Typographers and s-^pt^^qtypers. in CONTENTS ~y Title 1. Acknowledgments, p. 1. 2. Adulteration, p. 1. 3. Adultery, P- 1. 4. Aged Pei'sons, p. 2. 5. Agriculture, p. 2. 6. Alameda Count3% p. 14. 7. Aliens, p. 14. 8. Alpine County, p. 15. 9. Amador County, p. 16. 10. Animals, p. 16. 11. Appeals, p. 17. 12. Apprentices, p. 18. 13. Arbitration, p. 18. 14. Artesian Wells, p. 20. 15. Attorney-General, p. 22. 16. Auditoi's, p. 22. 17. Banks and Banking, p. 23. 18. Bee-Culture, p. 36. 19. Benefit Societies, p. 36. 20. Blue-Book, p. 37. 21. Board of P^xaminers, p. 37. 22. Boards of Freeholders, p. 37. 23. Bonds, p. 37. 24. Boundary of State, p. 40. 25. Bridges, p. 40. 26. Building and Loan Associations, p. 44. 27. Buoys and Beacons, p. 44. 28. Butte County, p. 44. 29. Butter, p. 44. 30. Calavea-as County, p. 45. 31. California Statutes. Index to p. 45. 32. California Volunteers, p. 45. 33. Cemeteries, p. 45. ^34. Census, p. 49. iv Contents. Title 35. Central American Exhibition, p. 50. 36. Chambers of Commerce, p. 50. 37. Cheese, p. 50. 38. Chico, p. 52. 39. Chinese, p. 52. 40. City and County Attorneys, p. 62. 41. Civil Rights, p. 62. 42. Codes, p. 63. 43. Colleges, p. 67. 44. Columbian Exposition, p. 68. 45. Colusa County, p. 68. 46. Congressional Districts, p. 69. 47. Constables, p. 69. 48. Constitution, p. 69. 49. Contagious Diseases Among Sheep, p. 69. 50. Contra Costa County, p. 70. 51. Contracts, p. 70. 52. Controllers, p. 72. 53. Convicts, p. 72. 54. Co-operative Association's, p. 72. 55. CoToners, p. 73. 56. Coi-porations, p. 73. 57. Costs, p. 74. 58. Counties, p. 74. 59. County Boundaries, p. 75. 60. County Clerks, p. 76. 61. County Government, p. 77. 62. Courts, p. 253. 63. Coyote Scalps, p. 253. 64. Cruelty to Animals, p. 254. 65. Cruelty to Children, p. 254. 66. Deaf, Dumb and Blind, p. 255. 67. Deeds, p. 256. 68. Del Norte County, p. 256. 69. Dentistry, p. 256. 70. District Attorneys, p. 260. 71. Ditches, p. 260. 72. Dogs, p. 261. 73. Donations to State, County, City, or Town. p. 263. 74. Drainage, p. 263. 75. Education, p. 304. Contents. Title 76. El Dorado County, p. 313. 77. Elections, p. 313. 78. Emigration, p. 314. 79. Estates of Deceased Persons, p. 314. 80. Estrays, p. 315. 81. Explosives, p. 317. 82. Feather River, p. 321. 83. Feeble-Minded Children, p. 321. 84. Fees, p. 323. 85. Fences, p. 339. 86. Fei-ry Depot, p. 339. 87. Fire Department, p. 340. 88. Fire Patrol, p. 340. 89. Fires, p. 340. 90. Fiscal Year, p. 340. 91. Fish, p. 340. 92. Fish and Game Warden, p. 341. 93. Fish Commissioners, p. 341. 94. Forestry, p. 342. 95. Fresno County, p. 343, 96. Fruit-Trees and Vines, p. 343, 97. Funds, p. 346. 98. Game, p, 346, 99. Game Daws, p. 347. 100. Gas, p. 347, 101. Geological Survey, p, 352, 102. Glenn Count3% p. 353. 103. Goats, p. 353. 104. Governors, p. 354. 105. Grand Army, p. 354. 306. Growing Trees, p. 354. * 107. Guardians, p, 354, 108. Hamburg Horticultural Exposition, p, 355. 109. Harbor Commissioners, p, 355. 110. Hastings Law School, p, 355, 111. Hides of Cattle, p. 355, 112. Highways, p, 356. 113. Hogs, p. 369. 114. Home of Adult Blind, p, 370. 115. Home of The Inebriate, p. 371. 116. Homesteads, p. 371. vi Contents. Title 117. Homing Pigeons, p. 372. 118. Hops, p. 372. 119. Horticulture, p. 373. 120. Hospitals, p. 383. 121. House of Correction, p. 383. 122. Humboldt Bay, p. 383. 123. Humboldt County, p. 384. 124. Hunting on Private Grounds, p. 384. 125. Husbandry, p. 384. 12G. Indians, p. 384. 127. Indigent Sick and Infirmaries, p. 385. 128. Infancy, p. 385. 129. Insane, p. 386. 130. Insolvency, p. 434. 131. Insurance, p. 435. 132. Interpreters, p. 435. 133. Intoxicating Liquors, p. 435. 134. Inventory, p. 435. 135. Inyo County, p. 436. 136. Irrigation Districts, p. 436. 137. Japanese Government, p. 549. 138. Judges of The Plains, p. 549. 139. Judgments, p. 549. 140. Justices of The Peace, p. 550. 141. Jute Goods, p. 550. 142. Kern County, p. 550. 143. Kings County, p. 551. 144. Klamath County, p. 551. 145. Labor Statistics, p. 551. 146. Lake County, V- 552. 147. Lake Tahoe. p. 552. 148. Lands of State, p. 553. 149. Larceny, p. 553. 150. Lassen County, p. 553. 151. Legal Tender, p. 553. 152. Legislation, p. 554. 153. Legislative Districts, p. 555. 154. Levee Districts, p. 555. 155. Libel, p. 560. 156. Libraries and Reading-Rooms, p. 560. 157. Libraries, Law, p. 561. Contents. Title 158. License Collectors, p. 561. 159. Licenses, p. 562. 160. Liens, p. 562. 161. Light Houses, p. 562. 162. Liquor, p. 563. 163. Lodging Houses, p. 563. 164. Logs, p. 563. 165. Los Angeles County, p. 563. 166. Lost Warrants, p. 564. 167. Lumber Manufacturers, p. 565. 168. Madera County, p. 565. 169. Manufactured Goods, p. 565. 170. Maps, p. 565. 171. Marin County, p. 566. 172. Mariposa County, p. 566. 173. Marks and Brands, p. 567. 174. Marshall Monument, p. 567. 175. Master and Servant, p. 567. 176. Mechanics' Institute, p. 567. 177. Medicine, p. 568. 178. Mendocino County, p. 576. 179. Merced County, p. 576. 180. Military Academies, p. 577. 181. Mineral Cabinet, p. 57S. 182. Mineralogist, State, p. 578. 183. Mines and Mining, p. 570. 184. Missins Persons, p. 597. 185. Modoc ^County, p. 599. 186. Mono County, p. 599. 187. Monterey, p. 600. 188. Monterey County, p. 600. 189. Morgue, p. 600. 190. Mortgages, p. 600. J.91. Municipal Corporations, p. 601. 192. Napa County, p. 940. 193. National Guard, p. 940. 194. Naval Battalion, p. 941. 195. Nevada County, p. 941. 196. Normal Schools, p. 941. 197. Notaries, p. 941. 198. Officers, p. 941. yiii Contents. Title 199. Oleomargarine, p. 942. 200. Olive Oil, p. 942. 201. Orange County, p. 942. 202. Ordinances, p. 942. 203. Orphans, p. 944. 204. Oysters, p. 945. 205. rharmacy, p. 945. 206. Pilots, p. 951. 207. Placer County, p. 951. 208. Plumas County, p. 952. 209. Poisons, p. 952. 210. Police, p. 952. 211. Police Courts, p. 952. 212. Police Department, p. 953. 213. Predaceous Insects, p. 954. 214. Prize-fighting, p. 954. 215. Prostitution, p. 954. 216. Protection Districts, p. 954. 217. Public Administrator, p. 966. 218. Public Debt, p. 966. 219. Public Health, p. 976. 220. Public Lands, 983. 221. Public Market, p. 984. 222. Public Parks, p. 985. 223. Public Works, p. 987. 224. Quarantine, p. 1019. 225. Railroads, p. 1022. 226. Ramie Culture, p. 1024. 227. Reclamation Districts, p. 1024. 228. Records, p. 1030. 229. Riverside County, p. 1030. 230. Roads and Highways, p. 1030. 231. Rodeos, p. 1031. 232. Sacramento County and City, p. 1031. 233. San Benito County, p. 1031. 234. San Bernardino County, p. 1033. 235. San Diego County, p. 1033. 236. San Francisco City and County, p. 1033. 237. Sanitary Districts, p. 1035. 238. San Joaquin County, p. 1049. 239. San Luis Obispo County, p. 1050. 240. San Mateo County, p. 1050. Contents. ix Title 241. Santa, Barbara County, p. 1050. 242. Santa Clara County, p. 1050. 243. Santa Cruz County, p. 1051. 244. School of Industry, p. 1051. 245. School of Reform, p. 1051. 246. Schools, p. 1051. 247. Seduction, p. 1082. 248. Settlers, p. 1082. 249. Sewers, p. 1083. 250. Shasta County, p. 1084. 251. Sheep, p. 1084. 252. Sheriffs, p. 1084. 253. Sierra County, p. 1084. 254. Silk Culture, p. 1084. 255. Siskiyou County, p. 1085. 256. Solano County, p. 1085. 257. Soldiers and Sailors, p. 1085. 258. Sonoma County, p. 1086. 259. Squirrels and Gophers, p. 1086. 260. Stallions, p. 1087. 261. Stamps, p. 1087. 262. Stanislaus County, p. 1087. 263. State, p. 1087. 264. State Analyst, p. 1088. 265. State Capitol, p. 1088. 266. State Lands, p. 1088. 267. State Printer, p. 1092. 268. State Prisons, p. 1093. 269. Statute of Limitations, p. 1093. 270. Stevenson, J. D., p. 1093. 271. Stockton, p. 1093. 272. Streets, p. 1094. 273. Sundays, p. 1181. 274. Supei-visors, p. 1181. 275. Supreme Court Reporter, p. 1181. 276. Surveyor General, p. 1181. 277. Surveyors, p. 1181. 278. Sutter County, p. 1185. 279. Sutter's Fort, p. 1186. 280. Swamp and Overflowed Lands, p. 1186. ^28^. Taxation, p. 1191. X Contents. Title 282. Tehama County, p. 1217. 283. Telegraph Companies, p. 1218. 284. Theaters, p. 1218. 285. Thistle, p. 1219. 286. Tia Juana Sufferers, p. 1219. 287. Torrens Land System, p. 1219. 288. Trademarks, p. 1258. 289. Training-Ship, p. 1258. 290. Treasurers, p. 1258. 291. Trespassing Animals, p. 1259. 292. Trinity County, p. 1259. 293. Tulare County, p. 1259. 294. Tuolumne County, p. 1259. 295. Unincorporated Societies, p. 1259. 296. United States Senators, p. 1260. 297. University of California, p. 1261. 298. Ventura County, p. 1262. 299. Veterans' Home Association, p. 12(32. 300. Veterinary Surgery, p. 1264. 301. Viticulture, p. 1267. 302. Warehouses, p. 1267. 303. Water Commissioners, p. 1267. 304. Water Companies, p. 1268. 305. Waters, p. 1271. 306. Weights and Measures, p. 1279. 307. Wharfingers, p. 1279. 308. Wharves, p. 1279. 309. AVilmington, p. 1280. 310. Woman's Kelief Corps, p. 1280. 311. World's Exhibition, p. 1281. 312. Yolo County, p. 1282. 313. Yosemite Valley, p. 1282. 314. Yuba County, p. 1282. GENERAL LAWS OF THE STATE OF CALIFORNIA TITLE 1. ACKNOWLEDGMENTS. Acts relating to, see Civil Code, Appendix, title Acknowledgments, p. 703 et seq. ADULT BLIND. See Home of Adult Blind. TITLE 2. ADULTEUATION. Acts relating to, see Penal Code, Appendix, title Adulteration, p. 40.'). TITLE 3. ADULTERY. .\cts relating to, see Penal Code, Appendix, title Adultery, p. .506. Gen. Laws— 1. 2 Aged Persons— Agriculture. TITLE 4. AGED PERSONS. See Home of Adult Blind; Veterans' Home Asso- ciation. An Act to appropriate money for the support of aged persons in indigent circumstances. This act was repealed by the following act: An Act repealing chapter ninety-six of the stat- utes of eighteen hundred and eighty-three, en- titled "An Act to appropriate money for the support of aged persons in indigent circum- stances," approved March 15, 1883. [Approved February 28, 1895; Stats. 1895, chap, xii. In effect immediately.] Section 1. Chapter ninety-six of the statutes of eighteen hundred and eighty-three, entitled "An Act to appropriate money for the support of aged persons in indigent circumstances," approved March fifteenth, eighteen hundred and eighty- three, is hereby repealed. Sec. 2. This Act shall take effect and be in force from and after its passage. TITLE 5. AGRICULTURE. See Fruit-trees and Vines; Horticulture; Silk Cul- ture; Viticulture. A collection of the acts relating to Agriculture and the State Agi-icultural Societies is contained in Deering's Annotated Penal Code, p. 411, et seq. In addition consult the following acts: Agriculture. 3 An act to authorize state agricultural societies un- der the control of the state to sell property- held by them in fee, or held by trustees for their use, or in which they may have any in- terest; to prescribe a course of procedure there- for; to indemnify purchasers at such sale, and to direct how the proceeds shall be applied. [Stat, approved February 25, 1897; Stats. 1897, chap, xxxiv.] Section 1. Whenever any state agricultural so- ciety under state control shall desire to sell the whole or any portion of its real estate held by it in fee. or by a trustee for its use, or in which it may have any title, interest, or claim, it shall oe law- ful for such society or association to tile its com- plaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which the land to be affected by the decree of the court is held, and what claim such society or association has therein; and that it is the desire of such society or association to sell such real estate, and praying for judgment author- izing it to sell the same. In such action the trus- tee or trustees holding title in trust for such so- ciety or association, or their successors, or the sur- vivor or survivors of them, or such other persons deriving title from the trustees, as the case shall require, shall be made parties defendant; and up- on the service of the summons upon such defend- ants personally or by publication, or upon their appearance, the court shall have full jurisdiction in the premises. Such society or association may include as defendants in such action in addition to such persons or parties as appear of record to have, and other persons or parties who are known to have, some claim in or lien on the lands de- scribed in the complaint; also all other persons or parties unknown, claiming any right, interest, or lien in such land, and the plaintiff may describe such defendants in the complaint as follows: "Also all other persons or parties, unknown, claiming any right, title, estate, lien, or interest in the real estate described in the complaint here- in." Service of the summons may be had upon ^ all such unknown persons or parties defendant by ^publication, as provided by law in case of non-res- 4 Agriculture. ident defendants. All sucu unknown persons or parties so served »^hall have the same rights as are provided by lsi\Y in ease of all the other de- fendants upon whom service is made by publica- tion or personally and the action shall proceed against such unknown persons or parties in the sanie manner as against the defendants who are named, upon whom service is made by publica- tion, and with like effect; and any such unknown ])ersons or parties who have or claim any right, estate, lien, or interest in the said property in con- troversy at the time of the commencement of the action, duly served as aforesaid, shall be bound Hud concluded by the judgment in such action as effectually as if the action was brought against such defendant by his or her name, and personal service of the summons obtained, notwithstanding any such unknown person may be under legal dis- ability. The court shall have full power and au- thority to order the property sold. In case of a sale, ihe court shall appoint a commissioner to aaike the sale, and shall direct the manner in uiiicli the sale shall be conducted; provided, that when any property is held in trust by any such agricultural society or association, such property held in trust shall be sold separately from any that may be held in fee. Tlie commissioner shall malvc a report of sale to the court, which, after such notice as it may deem proper, shall proceed to hear the same, and if it finds that the sale was fairly conducted, and the price bid was propor- tionate to the value of the land sold, it shall viake and enter a decree confirming the sale, and direct- ing the commissioner to execute a deed to the pur- chaser. The deed executed by said commissioner, under and in pursuance of the decree of the court, shall be valid and effectual to convey to the pur- chaser an absolute title in fee simple to the prem- ises; provided, however, that before the filing of any such complaint in the superior or any other court, it shall be necessary for such agricultural society, or any person or corporation claiming the title to such land, to prepare, sign, and properly acknowledge a good and sufficient deed or deeds sufficient to vest in the state all title, interest, or claim which such society may have in and to any land to be affected by the proceedings hereby au- Agriculture. 5 thorized to be instituted: such deed or deeds to be conditioned that tlie title, claim, or interest of such society embraced in such deed or deeds shall be held by the state of California in trust for the benefit of such society; which said deed or deeds shall be deposited Avith the state treasurer, to be by him held in escrow pending the final conclusion of such proceedings in such court. If the court in Avhich such proceedings are had sliall order such land to be sold, as herein provided for. the state treasurer shall forthwith file such deed or deeds with the county recorder of the county, or city and county, in which such land is located. If there be any liens upon or claims against the property, the court shall order them paid out of the proceeds of sale. The residue remaining, after paying the costs and expenses of sale and sucli liens and chiims against the property as the court may or- der paid, shall be paid into the state treasury, where it shall remain until required for the pur- chase of other property for the use of such so- ciety or association, upon the order of the state controller; and it sliall be drawn therefrom only upon autliorization passed by the board of direc- tors or trustees of such society or association, by and with the approval of the state board of exam- iners, and uj)on wai'rants duly drawn by the state controller. If, through any defect in tl'ie proceed- ings, or otherwise, tlie title should not pass, the state will indemnify the jnirchaser l)y repaying to him the amount paid by him; ])rovided. such pur- chaser or purchasers sliall file their claim or claims for the repayment of such purchase price with the state board of examiners within five years after the payment of such purchase price to the state treasurer in the first instance. The surplus of proceeds of sale, paid into the state treasury, shall be drawn out on certificate, signed by a majority of the directors, or governing body of such soci- ety or association, and also of the' state board of examiners, stating that it is desired for the pay- ment for other property for tlie use of such agri- cultural society; and upon receipt of such certifi- cate, the treasurer shall pay to the said directors, or governing body, or person designated by them, such part of such surplus as may be required for ,the purchase of other property. It is expressly 6 Agriculture. provided that in no event shall the state be liable for the payment of any expense, interest, or attor- neys' fees', incurred by any one, on any account, by or on behalf of any such agricultural society in their behalf; and it shall be incumbent on such so- cietv to malie provision for the payment of the expenses, costs, attorneys' fees, and any interest that may be necessary to be paid any purchaser, by reason of repayment of any purchase money on account of failure of title to such lands; such provision for the payment of expenses, attorneys' fees, costs, and anticipated interest to be provided for prior to the issue of any summons, or order of pul)lication in any action contemplated by this act. Sec. 2. This act shall take effect immediately from and after its passage. An act entitled an act to form agricultural dis- tricts, to provide for formation of agricultural associations therein, and for the management and control of the same by the state, and to repeal all acts and parts of acts in conflict with this act. [Stat, approved March 31, 1897; Stats. 1897, chap, ccxxv.] Section 1. The several counties of this state are divided and classified into agricultural districts, and numbered as follows, to- wit: The counties of San Francisco and Alameda shall constitute agricultural district No. 1. The county of San Joaquin shall constitute agri- cultural district No. 2. I'he county of Butte shall constitute agTicultural district No. 3. The counties of Sonoma and Marin shall consti- tute agricultural district No. 4. The counties of San Mateo and Santa Clara shall constitute agricultural district No. 5. The county of Los Angeles shall constitute agri- cultural district No. 6. The county of Monterey shall constitute agricul- tural district No. 7. The County of El Dorado shall constitute agricul- tural district No. 8. The county of Humboldt shall constitute agri- cultural district No. 9. Agriculture. 7 The county of Siskiyou shall constitute agricul- tural district No. 10. The counties of Plumas and Sierra shall consti- tute agricultural district No. 11; provided, that the first fair held in the eleventh agricultural district after the passage of this act shall be held in Sierra county; tlio next fair in Plumas county, and thereafter said counties shall so alternate in hold- ing such fairs. The counties of Lake and INIendocino shall con- stitute agricultural district No, 12. The counties of Sutter and Yuba shall consti- tute agricultural district No. 1.3. The county of Santa Cruz shall constitute agri- cultural district No. 14. The county of Kern shall constitute agricultural district No. 15. The county of San Luis Obispo shall constitute agricultural district No. 16. The county of Nevada shall constitute agricul- tural district No. 17. The counties of Mono, Inyo, and Alpine shall • constitute agricultural district No. 18. All that portion of Santa Barbara county lying east of the Gaviota and south of the Santa Ynez mountains, shall constitute agricultural district No. 19. The county of Placer shall constitute agricul- tural district No. 20. The counties of Fresno and Madera shall consti- tute agricultural district No. 21. The county of San Diego shall constitute agri- cultural district No. 22. The county of Contra Costa shall constitute agricultural district No. 23. The counties of Tulare and Kings shall consti- tute agricultural district No. 24. The county of Napa shall constitute agricul- tural district No. 25. The county of Amador shall constitute agricul- tural district No. 26. The counties of Shasta and Trinity shall consti- tute agricultural district No. 27. The counties of San Bernardino and Riverside shall constitute agricultural district No. 28. The county of Tuolumne shall constitute agri- "ciiltural district No. 29. 8 Agriculture. The county of Tehama shall constitute agricul- tural district No. 30. The county of Ventura shall constitute agricul- tural district No. 31. The county of Orange shall constitute agricul- tural district No. 32. The county of San Benito shall constitute agri- cultural district No. 33. The county of Modoc shall constitute agricul- tural district No. 34. The counties of Merced and Mariposa shall con- stitute agricultural district No. 35. The county of Solano shall constitute agricul- tural district No. 30. All tliat portion of Santa Barbara county not in- cluded in agricultural district No. 19 shall consti- tute agricultural district No. 37. The county of Stanislaus shall constitute agri- cultural district No. 38. The county of Calaveras shall constitute agricul- tural district No. 39. The county of Yolo shall constitute agricultural district No. 40. The county of Del Norte shall constitute agricul- tural district No. 41. The county of Glenn shall constitute agricul- tural district No. 42. The county of I^^assen shall constitute agricul- tural district No. 43. The county of Colusa shall constitute agricul- tural district No. 44. Sec. 2. Where two or more counties shall con- stitute an agricultural district, each county sliall be represented in the district board of directors by at least t\vo resident citizens, as directors in said board; provided, that when by reason or the for- mation of a new agricultural district, a director of one district becomes a resident of another, his term of office as director will expire in sixty days after the formation of the new agricultural dis- trict. Wlienever the board of directors of two or more agricultural districts shall, by a majority vote of eacli board, elect to unite, the said sev- eral districts m.ay associate as one district, and hold a fair in any of said districts, and may for such purpose draw the appropriation for all of said districts, and expend the same for said fair. Agriculture. 9 Sec. 3. Any fifty or more persons, representing a majority of the counties within any one of the districts above constituted, may form an associa- tion, for the improvement of the material indus- tries within such district, and when so formed, the association shall be known and designated by the name of Agricultural Association, and by such name and style shall have perpetual succes- sion, and shall have power and authority to con- tract and be contracted with, to sue and be sued, to have and use a common seal, to purchase and hold and lease real estate, with such buildings and improvements as may be erected tnereon, and may sell and lease and dispose of the same at pleasure. The said real estate, except as herein- after provided, shall be used by such association for the purpose of holding exhibitions of horses, cattle, and other stock, and of the agricultural, horticultural, viticultural, mechanical, manufac- turing, and domestic products of such district, with a view to the improvement of all industries in the same. But the said association shall have the power, and are hereby authorized, to sell and convey any portion of the real estate held by it, by whatever title derived, which may not be nec- essary for the permanent use of said association for the purposes aforesaid. Sec. 4, The officers of such association shall consist of eight directors, who shall constitute a district board of agriculture for district number ; a president, who shall be one oi their num- ber, and a secretary and treasurer, not of their number. Sec. 5. "NA ithin ten days after the formation of any new agricultural association Avithin any of the districts above constituted in accordance with the provisions of this act, and notice of such for- mation to the governor, the governor shall appoint eight resident citizens of such district as mem- bei's of a district board of agriculture for said dis- trict, whose term of office shall be four years, ex- cept as hereinafter provided. Sec. G. Within ten days after their appoint- ment, the persons so appointed shall qualify as re- quired by the constitution, and sliall meet at a place within the district and organize by the elec- t^u of one of their number as president of the 10 Agriculture. board and association, who shall hold said office of president one year, and until his successor is elected; they shall also elect a secretary and treasurer. ,. ^, i, ^ Sec. 7. At the same meeting the members of the board shall, by lot or otherwise, classify them- selves into four classes of two members each. The term of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second fiscal year; of the third class, of the third fiscal year; and of the fourth class, at the end of the full term of four years. The fiscal year shall be from December first to December first; provided, that all officers of agricultural districts now in office, under any law heretofore passed, shall hold office for the term for which they were appointed, except in cases specified in section two of this act. And the agricultural associations here- tofore established shall be continued in force, and, so far as applicable, are made agricultural asso- ciations under this act. Sec. 8. Each association so formed and organ- ized is hereby declared, and shall be recognized, a state institution, and the board so appointed and qualified shall have the exclusive control and management of such institution, for and in the name of tlie state, and shall have possession and care of all the property of the association, and shall fix the terms of office and the bonds of the secretary and treasurer, and determine their sal- aries and duties. They shall have the power to make all necessary by-laws, rules, and regula- tions for the government of the association and the management of its prudential and financial af- fairs. They shall provide for an annual fair or ex- hibition by the association of all the industries and industrial products in the district, at such time and place as they deem advisable; provided, that the state shall, in no event, be liable for any premium offered or award made, or for any debt contracted by any district board of agriculture, or agricultural association; and provided further, that nothing in this section shall be so construed as m any way to affect or modify any of the pro- visions of section eleven. Sec. 9. When any district board of agriculture shall have been classified and organized as here- Agriculture. 11 in provided, the secretary of the board shall re- [joi't such classification and organization to the state board of agriculture. He shall also report the same to the governor, and shall report any vacancy that may occur in the board to the gov- ernor, who shall fill the same, by appointment, for the unexpired term. It shall be the duty of each district association formed under this act, to report to the state board of agriculture, on or before January first of each year, a detailed financial statement, together with a complete statistical review of the agricul- tural resources of each county in the district, for the year ending December thirty-first. Said re- view to contain the acreage and yield of all agri- cultural productions for the year previous, and such other data as may be asked for by the state board of agriculture in the furtherance of its du- ties. Sec. 10. Whenever any such association shall desire to sell any portion of its real estate not needed for the permanent use of the association, for the purposes specified in section tliree, and such real estate be held by such association under a deed or deeds of trust conveying the said lands in trust, to be held in perpetuity as a place for holding agricultural exhibitions or fairs, or for other iDermanent purposes of such association, it shall be lawful for such association to file its complaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which they are held, and that it is the desire of the said association to sell and dispose of such real estate, and praying for judgment authorizing it to sell and convey the same. In such action the trustee or trustees in such deed or deeds, or the survivor or survivors of them, or the heirs, or administrators, or exe- cutors of deceased trustees, as the case may re- quire, shall be made parties defendant; and upon service of the summons upon such defendants, personally or by publication, or upon their appear- ance, the court shall have full .iurisdiction in the premises, and the deed executed under and in pursuance of the .iudgment of the court shall be valid and effectual to convey to the purchaser the title of said association, and that of all of its pre- dig^essors in title made parties to the suit. 12 Agriculture. Sec 11 Every such association organized and existing under the laws of the state, and which has lieretofore issued certificates of the capital stoclc of such association, and which certificates last mentioned have been accepted by the mem- bers of sucli association in lieu of certificates of membership therein, may elect to have a capital stock, and may issue certificates of stocli therefor, in the same manner and with like effect as corpo- rations formed under the provisions of chapter one, article one, of the Civil Code, relating to the formation of corporations. In order to effect such change, a meeting of the holders of such alleged certificates of capital stock may be called, at which the liolders of such alleged stock shall be entitled to one vote for each share of such stock appearing in their names, respectively, upon the books of such association. Upon the receipt of a written application, signed by the holders of one- fourth of the shares of such alleged capital stock of such association, requesting him so to do, the secretary of such association shall give notice of the time and place of holding sucli meeting, by publication in some newspaper printed and pub- lished in such county, or city and county, in which the principal place of business of sucli association is located, at least once a week for three succes sive weelvs next prior to the holding thereof. Such notice shall state that the object of the meet- ing is, (1) to determine whether such corporation elects to have a capital stock as provided by this act; (2) the amount of such capital stock, and (3) the number of shares into which the same shall be divided. At sucli meeting, should the liolders of a majority of the shares of such alleged capital stock vote in favor of having a capital stock, and fix the amount thereof, and the number or shares into which it shall be divided, then such corpo- ration shall issue certificates of capital- stock to the amount fixed at such meeting, divided into the number of shares provided tiy said meeting, to the holders of such alleged capital stock, in the same proportion as such alleged stock appears in tlie names of such holders, respectivelv. upon the books of such association. A copv of the notice calling such meeting, the affidavit of publication tliereof, tlie proceedings of such meeting, the Agriculture, 13" amount of capital stock voted, number of shares into which the capital stocli was divided, and to whom assigned, duly certified by the chairman of such meeting, and the secretaiy of such associa- tion, under the seal thereof, must be filed with the secretary of state and the clerk of the county where such association has its principal place of business. Thereafter such association shall be possessed of all rights and powers, and shall be subject to all the obligations and restrictions, as if it liad been originally created a corporation with a capital stock, including the right to elect a board of directors authorized to exercise such control of all the property of such association, as provided in chapters one, two, three, and four of the civil Code, relating to corporations; provided, such as- sociation shall have no authority to sell any por- tion of the real estate owned and held by it, by whatever title derived, which may be necessary for tlie permanent use of such association, for the purposes aforesaid; and provided further, that in the event tliat such association, after the issuance of a capital stock as aforesaid, shall be otfered aid at any time from the state by appropriation, for the purpose of holding an annual district fair, and such association, by a vote of the board of direc- tors, elected as hereinafter provided, adopts a res- olution accepting such appropriation, then and in that event said annual fair shall be held under the control and management of the district board of agriculture of such district; but said district board of agriculture sliall have no other autnority, control, or management of or over the property of such association, and the authority which it may exercise over said property sliall continue only during the time occupied in holding the said dis- trict ifair, which time shall not extend over more than one week annually. When any corporation has elected to issue capi- tal stock under this act. tne president thereof shall, within ten days after filing with the secre- tary of state of tlie certificate liereinbefore pro- vided, call a meeting of the stockholders of such corporation, for the purpose of electing a board of directors of such corporation, which board of di- rei^rs shall hold their office until their successors are "(Elected and qualified, and thereafter a board Gen. Laws — 2. 14 Alameda County— Aliens. of directors of such corporation shall be elected annually, on the day of the month upon ^yhich the Son of said first board of directors elected as aforesaia is held, unless a different day for hold- fnS such e Iction'is fixed by the board of directors of such corporation, by its by-laws, properly ^^Se^c.^12. All acts or parts of acts in conflict with tills act are hereby repealed. Sec. 13. This act shall take effect from and af- ^^PriorS'^ou this subject will be founu in acts of 1880, p. 62; 1887, p. 80; 1889, p. 78; 1893, p. 282; 1891, p. 138; 1895, pp. 14, 75, and 100. TITLE 6. ALAMEDA COUNTY. For a reference to special and local acts relat- ing to Alameda county, see Deering's Annotated Penal Code, p. 421, et seq. . ^ TITLE 7. ALIENS. An Act relating to the appointment of aliens to positions under State, county, city and county, city, or town officials. Aliens not to be appointed deputies or clerks. Section 1. No person shall be employed as a deputy or clerk in any public office of the State, or of any county or municipality therein, who is not a citizen of the United States. Sec. 2. This Act shall take effect immediately. [Approved April 3, 1880; 1880. 23 (Ban. ed 116).] Aliens— Alpine Coiiuty. 15 An Act to prohibit the issuance of licenses to aliens not eligible to become electors of the State of California. Licenses prohibited to aliens not eligible to be- come electors. Section 1. No license to transact any business or occupation shall be granted or issued by the State, or any county, or city, or city and county, or lown, or any municipality corporation, to any alien not eligible to become an elector of this State. Misdemeanor. Sec. 2. A violation of the provisions of section one of this Act shall be deemed a misdemeanor, and be punished accordingly. [Approved April 12, 1880; 1S80. 30 (Ban. ed. 102).] This Act was declared unconstitutional in Peo- ple V. Quong On Long, <5 Pac. Coast Law .Tournal, 11C». An Act to i)rovide for indexing tlie names of per- sons who have declared their intention to be- u come or who have become citizens of the -^ (Jnited States, in the several courts of record ' in this State. [Approved February 8, 1872; Statutes 1871-2, n. 80.] This act imposed tlie duty prescribed upon courts of record and allowed a fee for the service. TITLE 8. ALPINE COUNTY. For a reference to special and local acts relat- ing' to Alpine county, see Deering's Penal Code, p. 421. 16 Amador County—Animals. TITLE 9. AMADOR COL'NTY. For a reference to special and local acts relat- ing to Amador county, see Deering's Annotated Penal Code, p. 424,. et seq. TITLE 10. ANIMALS. See Cruelty to Animals, post. Estrays, post. An act to encourage tlie destruction of wild ani- mals in the different counties of the state, and authorizing the board of supervisors of each of said counties to fix and determine the bounty for the destruction of the same. [Approved INIarch 15, 1883; 1883, 368.] Destruction bounty. Section 1. It shall be lawful for the board of supervisors of each county in the state, in its discretion, to fix and determine the bounty, and such bounties shall be paid out of the general county fund, to be paid for the destruction of each coyote, wild-cat, fox, lynx, bear, or lion, and to prescribe rules for making proof of such destruc- tion, and obtaining such bounty. Sec. 2. This act shall take effect and be in force from and after its passage. An act to regulate the disposition of the hides of cattle killed or slaughtered in the state of Cali- fornia. [Approved March 23, 1893; Stats. 1893, p. 235.] Section 1. Any person or persons who shall at any time kill or slaughter, or who shall cause to be killed or slaughtered, any cattle, either for his Apiaries— Appeals. 17 or their own use and consumption, or for sale, shall retain, or cause to be retained, in their pos- session, the hides taken off said animals, with the ear-marks attached thereto, without any altera- tion or disfiguration of the brands or marks on said hide or ears, for the period of ten days. Sec. 2. Any justice of the peace, constable, owner of cattle, or any other person, may, within the period of time mentioned in the first section of this act, demand an exhibit of the hide or hides of any cattle so killed or slaughtered (as herein provided) by the person so killing or slaughter- ing the same, or by any other person for whose use or benefit said animal was killed; and upon such demand being made, he or they shall produce the same for the inspection of said justice of the peace, constable, owner of cattle, or any other person. Sec. 3. Any person or persons who shall vio- late any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in any sum not less than twenty dollars nor more than one hunared dollars, or be imprisoned in the county jail for any term not less than ten days nor more than ninety days, or by both such fine and imprison- ment. Sec. 4. This act shall take effect and be in force from and after its passage. For other acts relating to, see Civil Code, appen- dix, title Animals, p. 705, et seq.; Penal Code, ap- pendix, title Animals, p. 50G, et seq. APIARIES. See Bee-Culture. TITLE 11. APPEALS. Acts relating to, see Code of Civil Procedure, ap- -.-.^ pendix, title Appeals, p. 787. 18 Apprentices— Arbitration. TITLE 12. APPRENTICES. Acts relating to, see Civil Code, appendix, title * Apprentices, p. 708. et. seq. TITLE 13. ARBITRATION. An act to provide for a state board of arbitration for tlie settlement of differences between em- ployers and employees, to define the duties of said board, and to appropriate the sum of twenty-five hundred dollars therefor. [Approved March 10, 1891; Stats. 1891, p. 49.] Section 1. On or before the first day of May of each year, the governor of the state shall appoint three competent persons to serve as a state board of arbitration and conciliation. One shall repre- sent the employers of labor, one shaii represent labor employees, and the third member shall rep- resent neither, and shall be chairman of the board. They shall hold office for one year and until tneir successors are appointed and qualified. If a va- cancy occurs, as soon as possible thereafter the governor shall appoint some one to serve the un- expired term; provided, however, that when the parties to any controversy or difference, as pro- vided in section two of this act, do not desire to submit their controversy to the state board, they niay by agreement each choose one person, and the two shall choose a third, who shall be chair- man and umpire, and the three shall constitute a, board of arbitration and conciliation for the special controversy submitted to it, and shall for that purpose have the same powers as the state board. The members of the said board or boards, before entering upon the duties of their office, shall be sworn to faithfully discharge the duties tliereof. They shall adopt such rules of procedure Arbitration. 19 , 1895; Stats. 1895, chap, clxvii.] Visit and examine banlvs. See. 4. It shall be the duty of one or more of the Bank Commissioners, as designated by the Commissioners, once in each year, and as often as in their judgment may be deemed necessary, with- out previous notice, to visit and make, personally, a full examination of each and every corporation mentioned in section three of this Act: to inspect all books, papers, notes, bonds, or evidences of debt of such corporation, and all securities; to as- certain the condition of every such corporation, its solvency, its ability to fulfill its obligations, and, if in their opinion it is deemed necessary, re- port its condition to the Attorney-General as soon as practicable after such examination. [Amend- ment approved March 26, 1895; Stats. 1895, chap, clxvii.] Power to examine officers. Sec. 5. Such Commissioners must examine, un- der oath, any of the officers, agents, and servants of any such corporation, in relation to the affairs and condition of such corporation, and may ad- minister such oath personally; and whoever shall neglect or refuse, after demand and notice thereof. Banks and Banking. 25 and without .jiistifiable cause, to appear, or testify- under oath, before the said Commissioners in the discharge of their duties, shall be deemed guilty of misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dol- lars, or by imprisonment in the county jail not ex- ceeding one year, or by both such fine and im- prisonment. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii.] Insolvent corporations— Commissioner to report. Sec. 6. If any bank commissioner shall have knowledge of the insolvency or unsafe condition of any corporation mentioned in this act, and shall neglect to report the same, in writing, to the attorney-general, as required by this act, he shall on conviction thereof, be punished by a fine not exceeding ten thousand dollars nor less than five thousand dollars, or by imprisonment in the coun- ty jail not less than one year nor more than two years, or by both such fine and imprisonment, and his ofiice sJiall be declared vacant by the governor, and a successor be appointed for the unexpired term. Banlvs must procure license. Sec. 7. No corporation shall use the name or transact the business of a savings bank, or bank, or banking corporation, without the license pro- vided for by section three of this Act; and any corporation violating this provision shall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who enters upon, engages in, or carries on, or in any manner attends to the business or manage- ment of a savings bank, or bank, or banking cor- poration, doing business without such license, whether as manager, principal, agent, officer, em- ploye, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such busi- ness; and any violation of this section is also here- by declared to be a misdemeanor. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii. 1 License received on what condition. Sec. 8. No savings bank shall receive the license in this act provided for, unless at least fifty per _ce nt of all its loans shall be secured by first mort- Gen. Laws— 3 26 Banks and Banking. gage, or other prior lien, upon real estate situate within this srate; such loans, at the date when made, hereafter, not to exceed sixty per cent of the market value of the security, except when made for the purpose of facilitating the sale of property owned by the corporation. And it shall be unlawful for any savings and loan society, or savings bank, to purchase, invest, or loan its cap- ital, or the money of its depositors, or any part of either, in mining shares or stocks. Any president or managing ottlcer w^ho knowingly consents to a violation of the above provision shall be deemed guilty of a felony. Semi-annual reports. Sec. 9. Any corporation mentioned in section three of this Act, including banks in liquidation or insolvency, shall, whenever required by the Board of Bank Commissioners, make a report in writing to the Commissioners, verified by the oath of its President and its Secretary or Cashier, or its two principal officers. Said report shall show the actual financial condition of the corporation mailing the report at the close of any past day by the Commissioners specified, by stating: First — The amount of its capital stock, and the number of shares into which it is divided. Second— The names of the Directors, and the number of shares of stock held by each. Third— The total amount actually paid, in money, by stockholders for capital stock, and the total amount of reserve fund, if any, Pourtli— The total amount due to depositors. Fifth — The total amount and character of any other liabilities it may have. Sixth— The amount at which the lot and build- ing occupied by the bank for the transaction of its regular business, stands debited on its books, together with the market value of all other real estate held, whether acquired in settlement of loans or otherwise; the amount at whicn it stands debited on the bank books; in what county situ- ntPd, and in wiiat name the title is vested, if not in the name of the corporation itself. Seventh— The amount loaned on real estate, spe- cifying the amount secured on real estate in each county separately; also, specifying the name of the person in whose name the property is held in trust or as security, in case it is held in any Banks and Banking. 27 name other than that of the bank, and the instru- ment creating the security does not of itself dis- close the name of the banl^. Eighth— The amount invested in bonds, designat- ing each particular class, and the amount thereof. Ninth— The amount loaned on stocks and bonds, designating each particular class, and the amount thereof. Tenth— The amount of money loaned on other securities with a particular designation of each class, and the amount loaned on each. Eleventh— The actual amount of money on hand or deposited in any otner bank or place, with the name of the place where deposited, and the amount in each place. Twelfth— Any other property held or any amount of money loaned, deposited, invested, or placed, not otherwise herein enumerated, with the place where situate, and the value of such property, and the amounts so loaned, deposited, or placed. The oaths of the officers to the statements above required shall state that they, and each of them, have a personal knowledge of the matters therein contained, and that they believe every allegation, statement, matter, and ining therein contained is true; and any willfully false statement in the premises shall be perjury, and shall be punished as such. Tlie reports as providea for by this sec- tion shall by the Commissioners be required from each and every corporation herpin mentioned at least three times in each year, and shall be trans- mitted to the Commissioners within fifteen days after the receipt from them of a request or req- uisition therefor. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii.] Penalty. Sec. 10. Any corporation mentioned in section three of this act, failing to furnish to the Bank Commissioners any report by them required under the provisions of this act, within the time herein specified, shall forfeit the sum of one hundred dol- lars per day during the time of such default. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii.] .^..^^iscontinuance of illegal practice. ■^ Sec. 11. If the Bank Commissioners, on exam- 28 Banks and Banking. ination of the affairs of any corporation mention- ed in section three of this act, shall find that any such corporation has been guilty of violating its charter, the laws of this State, or any of the pro- visions of this act, or is conducting business in an unsafe manner, they shall, by an order addressed to the corporation so offending, direct discontin- uance of such illegal and unsafe practices, and a conformity with the requirements ot the law and its charter, and of the provisions of this act. And if such corporation shall refuse or neglect to con- form with such requirements before the expira- tion of the time in the order specified, or if it shall appear to said Commissioners and Ihey shall unan- imously decide that it is unsafe for any such cor- poration to continue to transact business, it shall be the duty of the Commissioners immediately to take such control of such corporation, and all the property and effects thereof, as may be necessary to prevent waste or diversion of assets, and to hold possession of the same until the order of Court hereinafter mentioned, and to immediately notify the Attorney-General of their action; and it is hereby made the duty of the Attorney-Gen- eral, upon receiving such notification, to imme- diately commence suit in the proper court against such corporation, and all the Directors or Trustees thereof, to enjoin and prohibit them from the tran- saction of any further business. If, upon the hearing of the case, the Court shall find that it is unsafe" for such corporation to continue business, and that such corporation or institution is insol- vent, said Court shall issue the injunction applied for and shall cause the same to be served accord- ing to law, and shall order the Commissioners to surrender to the corporation the property thereof in their possession for the purpose of liquidation; or, if the Court shall find that such corporation is solvent, and may safely continue business, it shall dismiss the action and order that the corporation be restored to the possession of its property. The issuance of the injunction hereinabove provided for shall, by operation of law, dissolve any and all attachments levied upon any property of such cor- poration within one month next preceding the date of the notification by the Commissioners to the Attorney-General as provided for in this section, Banks and Banking. 29 and no altachment or execution sliall, after tlie • issuance of sucli injunction and during- tlie process of liquidation liereinafter provided for, be levied upon any property of said corporation, nor shall any lien be created thereon. And if it shall appear to the court at such hearing, or at any time during the liquidation liereinafter provided for, on the petiiion of one or more of the Bank Commission- ers, or any otlier interested party, that any of the Directors or Trustees, or officers of said corpora- tion have been guilty of fraud, malversation, or crijninal carelessness or negligence, and that any of them are not the proper persons to be intrusted with the closing of the affairs and business of such corporation in the interest of the de- positors, creditors, and stockholders thereof, the said Court shall cause to be issued in said action and served upon said Directors or Trustees, or officers, or any of them, an order to show cause why they, or any of them, should not be removed from office, which order shall briefly recite the grounds of the application, and shall be return- able at a time to be fixed by the Court; and if on the hearing the Court shall find that such Direct- ors or Trustees, or officers, or any of them, ought to be removed from office, it shall enter its order of removal accordingly, which order shall be final in the premises; and if the Board of Directors or Trustees of the corporation shall neglect, for the period of ten days after such removal, to elect or appoint a successor or successors to the person or persons so removed, then the Court, by an or- der entered in said cause, slian appoint sucli suc- cessor or successors; and the Court shall also have power in like manner to fill all vacancies oc- curring in the Board, and to appoint Directors or Trustees in their stead, whenever from any cause there are no directors or trustees, or not a suffi- cient number thereof to constitute a quorum for the transaction of business; or when from any cause there are no Directors or Trustees, the Court may order an election by the stockholders to be held according to law. Subject to this right of removal and appointment, the Directors or Trustees of all banliing corporations in liquidation shall be permitted to continue the management of ,^th e affairs of such corporations during the pro- 30 Banks and Banking. cess of liquidation, under the direction of the Bank Commissioners, as hereinafter provided. The affairs of every corporation mentioned in this act, whicli is hereafter forced into liquidation un- der the provisions of this act, or otherwise goes into li(iuidation, shall be closed, and the business thereof settled within four years from the time it shall enter into liquidation, unless at the ex- piration of such time it shall obtain the consent, in writing, from a majority of the Board of Bank Commissioners, to continue in liquidation for a longer period. The Banlc Commissioners shall, however, liave no power to grant a continuance for such purpose for a longer period than one year at each time, and the atfairs of any corpora- tion in process of liquidation at the time of the adoption of this section, as amended, shall be closed witliin a time to be designated by such Bank Commissioners. Any corporation mentioned herein now in liquidation, or that hereafter goes into liquidation, shall make reports of the condi- tion of its affairs to the Bank Commissioners in the same manner as the solvent banks mentioned in this act, and in addition thereto, shall state the am.ount of dividends paid, debts collected, and the amounts realized on property sold, if any, since the previous report. The Banlv Commissioners shall have the power, and it is hereby made their duty, to examine the condition of every such cor- poration in liquidation, in the same manner as in the case of solvent oanks; and they shall have a general supervision of any such corporation. They shall have the power to limit the number of employes necessary to close up the business of any such corporation, and to also limit the sala- ries of the same, and shall do all in their power to make such liquidation economical and as expedi- tious as the interests of the depositors and stock- holders will admit. If any officer or employe of any corporation, insolvent or in liquidation, men- tioned in this act, shall refuse to comply with the provisions of this section, or disregard* or refuse to obey the directions of said Bank Commissioners given in accordance with the provisions of this act, such officer or employe shall be punished by a fine of not exceeding five thousand dollars, or by imprisonment in the county jail for not exceed- Banks and Banking. 31 ing one year, or by both such fine and imprison- ment, as' a Court of competent jurisdiction may determine. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii.] Salaries and traveling expenses of Commissioners. Sec. 12. The Bank Commissioners shall each re- ceive a salary of three thousand six liundred dol- lars per annum, and necessary traveling expenses, not to exceed, for the three Commissioners, the sum of three thousand dollars per annum, to be audited by the State Controller and paid by the State Treasurer, in the same manner as the sala- ries and expenses of other state officers. No per- son while holding any other office, or engaged in business of any kind requiring his personal atten- tion between the hours of nine A. M. and four P. M., sliall serve as Bank Commissioner. [Amendment approved March 26, 1895; Stats. 1895, chap, clxvii.] Annual reports, distribution of. Sec. 13. The bank commissioners shall furnish each member of the legislature with a copy of tlieir annual report, at each session of the legisla- ture, during the first week of the session. [Amend- ment approved March 10, 1887; Stats. 1887, 90; In effect immediately.] Secretary and salary. Sec. 14. The Bank Commissioners shall have power to appoint a Secretary, at a salary of two hundred dollars per month. The said Commis- sioners shall keep their office open for business from nine o'clock A. M. until four o'clock P. M. every day, except non-judicial days. They shall procure rooms necessary for their office, at a rent not to exceed seventy-five dollars per month. Tliey may also provide stationery, fuel, and other conveniences necessary for the transaction of their duties, not exceeding in the aggregate the sum of five hundred dollars per annum. All expendi- tures authorized in this section shall be audited and paid in the same manner as the salary of the Commissioners. [Amendment approved March 26, 1895: Stats. 1895, chap, clxvii.] Sec. 15. All reports required to be made to the Bank Commissioners by the provisions of this act ^^hall be filed and kept on file by the Bank Com- 32 Banks and Banking. missionors, in their office, and shall be open to the inspection of the public during their office hours. [Amendment approved March 26, 1895; JStats. 1895, chap. clxTii.] Sec. 10. To pay the salaries and all other neces- sary expenses of the Commissioners, as provided for by this act, every corporation receiving a li- cense shall pay annually, in advance, to the Com- missioners, in gold coin, its share of the amount required to pay such salaries and expenses; the share to be paid by any corporation to be deter- mined by the proportion which its deposits bear to The aggregate deposits of all such corporations receiving "licenses, as shown by the latest reports of such corporations to the Commissioners. ISaid Commissioners shall, on demand made therefor, and without charge, furnish to every corpofation, society, association, company, institution, firm, person, or persons mentioned in this act, copies of papers, statements, and reports filed in their office, and may, as provided by this act, recover any and all moneys payable to them by any corporation, association, society, company, institution, firm, person, or persons, herein mentioned; and all moneys collected or received by such Bank Com- missioners, or either of them, under or by virtue of the provisions herein, shall be by them delivered to the Treasurer of this State, who shall pay the same into a fund which is hereby created, and which sliall be known as the "Bank Commission- ers' Fund." And the unexpended balances of all moneys heretofore paid into tne State Treasury by said Bank Commissioners shall be transferred to said fund and become a part thereof. [Amend- ment approved March 26, 1895; Stats. 1895, chap, clxvii.] Commissioners to keep books. Sec. 17. The Bank Commissioners shall keep proper books of record of all acts, matters, and things done by them under the provisions of this act, which shall be open to the inspection of the public during their office hours. Subpoenas to be issued. Sec. 18. The Bank Commissioners may issue subpoenas for witnesses to attend and testify be- fore them, on any examination by this act au- Banks and Banking. 33 thorized, which mnst be served, obeyed, and en- forced as provided in the Code of Civil Procedure for civil cases; the Commissioners to issue attach- ments, and impose the penalty for disobedience, and tlie witnesses may be punished as provided in the Penal Code. Commissioners to receive money. Sec. 19. The Bank Commissioners may sue for and recover, in the name of the people, in any court of competent jurisdiction, all sums of money which become due, payable, or forfeited by any of the provisions of this act. Commissioners to deliver property. Sec. 20. The Commissioners shall, upon the ex- piration of their term of office, deliver to their successors, or if there be none, then to the con- troller of state, all property, books, reports, and papers of every description pertaining to their of- fice. Sec. 21. All acts are hereby repealed in so far as they are inconsistent with the provisions of this act. Sec. 22. This act shall take effect and be in force from and after the fifteenth of May, A. D., eighteen hundred and seventy-eight. True names of persons engaged in banking busi- ness not incorporated. Sec. 23. Every person, or number of persons, not being incorporated, engaged in the business of banking! or publicly receiving money on deposit, shall conduct such business under a name which sliall show the true names of all persons engaged in said business, unless such person or persons have complied with or shall forthwith comply with the provisions of article seven, of chapter two, title ten, part four, division third, of the Civil Code of this State. Every person engaged for himself, or any person being the cashier, manager, or agent of two or more persons, not incorporated, engaged in the business of banking, or publicly receiving money on deposit, must, three times in each year, or oftener, as may be required by the Board of Bank Commissioners, make a report, in writing, to the Commissioners, verified under oath, which report shall show the actual financial con- "*a^tiT)n of the said business on any past day by the 34 Banks and Banking. Commissioners specified, and shall also state the facts required to be stated by incorporated banks or banking corporations in section nine of this act, so far as the same appertain to said business. Such reports shall be transmitted to the Commis- sioners within fifteen days after the receipt from the Commissioners of a request or requisition therefor. Every person violating any of the pro- visions of this section is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not less than ninety days nor more than six months, or by fine of not less than one hun- dred dollars nor more than five hundred dollars, or by both such fine and imprisonment. [Amend- ment approved March 26, 1895; Stats. 1895, chap, clxvii.] Sec. 24. No savings bank, or bank, or banking corporation, shall be incorporated in this State and conduct such banking business in a city or town of five thousand inhabitants or under with a capital stock of less than twenty-five thousand dollars, or in a city or town of over five thousand and not exceeding ten thousand inhabitants with a capital stock of less than fitty thousand dollars, or in a city or town of over ten thousand and not exceeding twenty-five thousand inhabitants with a capital" stock of less than one hundred thousand dollars, or in a city or town of over twenty-five thousand inhabitants with a capital stock of less than two hundred thousand dollars. Before the Secretary of State issues to any corporation that proposes to do a banking business his certificate of the filing of the articles of incorporation, there must be filed in his office the affidavit of the per- sons named in said articles as the first Directors of the corporation, that all the capital stock has been actually and in good faith subscribed, and at least fifty per centum thereof paid, in lawful money of the United States, to a person in such affidavit named, for the benefit of the corporation. The remainder of the capital stock must be paid in within two years after saia banking corpora- tion receives from the Commissioners its first li- cense to transact business, and if not so paid, no further license shall be issued to it; provided, how- ever, that the provisions of this section shall not apply to corporations now in existence, [New sec- Banks and Banking. 35 tiou approved March 26, 1895; Stats. 1895, chap, clxvii. ] Sec. 25. The directors of any savings bank, bank, or banking corporation having a capital stock, may semi-annually declare a dividend of so much of the net profits of the stockholders as they shall judge expedient; but every such corporation shall, before the declaration of such dividend, carry at least one-tenth (1-10) part of the net profits of the stockholders for the preceding half year to its surplus or reserve fund until the same shall amount to twenty-five per centum of its paid-up capital stock. But the whole, or any part of such surplus or reserve fund, if held as the exclusive property of stockholders, may at any time be con- verted into paid-up capital stock, in which event such surplus or reserve fund shall be restored in manner as above provided until it amounts to twenty-five per centum of the aggregate paid-up ca))ital stoclv. A larger surplus or reserve fund may be created, and nothing herein contained shall be construed as prohibitory thereof. [New section approved March 26, 1895; Stats. 1895, chap, clxvii.] Sec. 26. The use of the word bank, or any other word or terms denoting or implying the conduct of +he business of banking, or the use of the word savings, alone or in connection with other words denoting or implying the conduct of the business of a savings institution, or a savings and loan so- ciety, is hereby prohibited to all persons, firms, associations, companies, or corporations other than those subject to the supervision of the Banlv Com- missioners or required by this act to report to them: and no license as in this act provided shall be issued by the Commissioners to any corporation that does not receive money from the public as de- posits in manner customary with commercial or savings banks. Any person, firm, association, company, or corporation not subject to the super- vision of the Bank Commissioners or not required by this act to report to them, making use of terms implying conduct of a bank, savings bank, or sav- ings and loan society, by means of signs, adver- tisements, letter heads, bill heads, blank notes, blank receipts, certificates, circulars, or any writ- "■^^n or printed, or partly written and partly print- 36 Bee Culture— Benefit Societies. ed, paper whatever, having thereon any artificial or corporate name or other word or words indicat- ing that such business is the business of a bank, savings banlc, or savings and loan society, shall forfeit for each day the offense is continued the sum of one hundred dollars, to be recovered as provided in this act. [New section approved March 20, 1895; Stats. 1895, chap, clxvii.] Sec. 27. No banker, nor officer of any bank or corporation doing a banking business, shall adver- tise in any manner, or publish any statement of the capital stock authorized or subscribed, unless he advertise and publish in connection therewith the amount of capital actually paid up. Any offi- cer, or the officers of any bank or corporation do- ing a banking business, advertising in any man- ner, or publishing a statement of the capital stock of such bank or banking corporation, authorized or subscribed, without the statement in connection therewith of the stock actually paid up, shall be guilty of a misdemeanor. [New section approved March 26, 1895; Stats. 1895, chap, clxvii.] For other acts relating to banks see Civil Code, Appendix, title Banks and Banking, p. 715 et seq. TITLE 18. BEE-CULTUBE. An Act to authorize the boards of supervisors of the several counties of this state to appoint in- spectors of apiaries and provide for their com- pensation, and defining their duties, and for the further protection of bee-culture. [Approved March 13, 1883; 1883. 285.] The nature of the act appears from its title. Q^ TITLE 19. T C? BENEFIT SOCIETIES. _Acts relating to p. 723. t V _Acts relating to, see Civil Code, Appendix, title r Benefit Societies, p. 723. Blind— Bonds. 37 BLIND. See Home of Adult Blind; Medicine. TITLE 20. BLUE BOOK. Acts to provide for the publication of the state blue-book or roster, approved March 23, 1893; Stats. 1893, p. 218; and approved March 31, 1891; Stats. 1891, p. 454. TITLE 21. ' BOARD OF EXAMINERS. Acts relatina: to, see Political Code, Appendix, title Board of Examiners. TITLE 22. BOARDS OF FREEHOLDERS. '"U\\ijK- An act in relation to elections held under the thority of section eight, of article eleven the Constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters. [Stat, approved March 31, 1897; Stats. 1897, chap, cxci.] Consult the statutes of 1897 for the act. TITLE 23. BONDS. Acts relating to: See Civil Code, Appendix, title, Bonds, p. 725; Code of Civil Procedure. Appendix, title, Bonds, p. 788. ■-■zrz: .Gen. Laws— 4 38 Bonds. An Act to provide for funding the indebtedness of counties in certain cases. Outstanding indebtedness of counties. Section 1. Whenever any county shall have had, at twelve o'clock, meridian, on the first day of January, eighteen hundred and eighty, an out- standino- indebtedness, evidenced by bonds or warrants thereof, theretofore legally issued, and such indebtedness, or any part thereof, shall have been thereafter paid in accordance with the laws in force at the time such bonds or warrants were issued, out of the income and revenue received by such county since that date, and such county shall have, since that date, incurred an indebtedness, evidenced by warrants thereof, w^hich indebted- ness shall not have exceeded in any year the in- come and revenue provided for such county for such year, and which w^arrants shal Inot have been paid by reason solely of such application of the current revenue of such county to the payment of such former indebtedness, the board of supervi- sors of such county, by a vote of two-thirds of all the members thereof, are empowered, if they deem it for the public interest, to fund such last- mentioned indebtedness, and to issue bonds of such county therefor in the manner provided in subdivision fourteen of section twenty-five of an Act entitled "An Act to establish a uniform sys- tem of county and township governments," ap- proved March fourteenth, eighteen hundred and eighty-three; and all the provisions of said subdi- vision of said section shall apply to the issuance, disposal and payment of such bonds, and to the levy of taxes for the redemption of the same, ex- cept as herein otherwise provided. Indebtedness that shall not be funded. Sec. 2. No indebtedness of such county shall be funded, under the provisions of this Act, which in any year exceeding the income and revenue pro- vided for such county for such year, nor which shall exceed the amount of current revenue which shall have been so applied to the payment of in- debtedness outstanding at twelve o'clocli, merl- diau, on the first day of .January, eighteen hun- dred and eighty. Bonds. 39 Further recital in bonds. See. 3. Such bonds shall, in addition to the matters required to be stated therein by the pro- visions of the above-mentioned Act, contain a statement that they are issued under authority of this Act, referring- to the same by its title and date of passage. The manner of exchange of bonds for warrants. Sec. 4. Such bonds, when issued, may be ex- changed by the County Treasurer, under the di- rection of the board of supervisors, only for war- rants of such county legally issued since twelve o'clock, meridian, on the first day of January, eighteen hundred and eighty, which, together with warrants theretofore issued, did not in any year exceed the income and revenue provided for such county for such year, and which shall re- main unpaid solely because the revenue otherwise applicable to the payment of the same shall have been so applied to the payment of such former indebtedness. If any portion of such bonds shall be sold for money, the proceeds thereof shall be applied exclusively to the payments of the war- rants mentioned in this section. Sec. 5. This Act shall take*effect immediately. [Approved May 8, 1884; 1884, 8.] An Act providing for the destruction of municipal bonds of municipal corporations where the same have been executed and remain unsold. Section 1. Whenever there remain in the pos- session of any municipal corporations in this State any bonds voted to be issued for municipal pur- poses, which have been executed but not sold and disposed of, and the sale and disposal of such bonds shall be deemed by the board of trustees or other governing board of such city to have be- come impossible or inexpedient, and that their de- struction is desirable, it shall be lawful for said board to give public notice of its intention publicly to destroy such bonds by a notice published for four successive weeks in the official newspaper of said city, if there be such a paper, and otherwise, m any newspaper published and circulated in said city which may be designated by said board: 40 Boundary— Bridges. such notice sliall specify the time and place of such intended destruction, and the reason alleged therefor, together with a general description of the character and amount of said bonds. And it shall be lawful for said board, at the time and place and in accordance with the terms of said notice, publicly to destroy said bonds unless at least three days prior to said time, written objec- tions to such destruction shall be filed with the clerlv of said city, signed by a majority of the legal voters of said city as appears by the vote cast at the last preceding general municipal election. Sec. 2. No further or other issue of bonds in place of those thus destroyed shall be made by such city, or its board of trustees, or other govern- ing board, unless again authorized by a vote of the people as provided by law. Sec. 3. This Act shall take effect and be in force from and after its passage. [Stat, approved February 26, 1897; Stats. 1897, chap, xxxvii.] Special acts fixing the bonds of certain officers are referrred to in Deering's Annotated Political Code, under section 4122. TITLE 24. BOUNDARY OF STATE. An act to provide for the correction and establish- ment of a portion of the eastern boundary line of the state of California, and to appropriate money therefor. This act was approved February 26, 1889; Stats. 1889, p. 3^". TITLE 25. BRIDGES. An Act concerning bridges across navigable streams. Section 1. The board of supervisors of any county in this State now controlling or maintain- Bridges. 41 ing, by virtue of any statute, any bridge across any navigable stream wliolly or in part within tlie boundary lines of any municipal corporation, is hereby authorized and empowered, whenever it may become necessary, in the interest of com- merce or by reason of any such bridge being out of repair, to reconstruct and rebuild any part of / such bridge, or replace said bridge by a new ^ structure, or with the consent of the governing ^ bodies of such municipalities change the location /^ of such bridge to such place on such stream as may be better suited to its use, or to the use of such navigable stream; and the board of super- visors of any county is hereby authorized to aban- don any such existing bridge and rebuild a new bridge at such Changed location, and the board of supervisors Of any such county so rebuilding and reconstructing said bridge may enter into an agreement with any person or corporation, now maintaining any bridge across any such naviga- ble stream, for the building of a joint bridge for the purpose of preventing the impeding of com- merce on such navigable streams, and of appor- tioning the expense be tween said county and said person or any corporation, in such manner as may be agreed upon between said county and said person, or corporations. Sec. 2. The expense of said reconstruction, or the building of a new bridge, to be payable out of the same fund as is now provided by law for the maintenance and repair of any such bridge; provided, that in case said county should make such agreement with said person or corporation for the building of any joint bridge, that only the county's portion of said joint bridge, as may be settled by said agreement, shall be paid from the said funds; and, provided, that in no event shall the county pay more than one half the cost of construction, repair or reconstruction of any such joint bridge. Sec. 3. All Acts or parts of Acts in conflict herewith are hereby repealed. Sec. 4. This Act shall take effect from and af- ter its passage. [Stat, approved February 25, 1897; Stats. 1897, chap, xxv.] 42 y r /■ Bridges. Cr % An Act to provide for bridges across navigable streams, and across estuaries, ponds, swamps, or arms of bays that may be outside of the line of navigable waters. Power of supervisors to erect bridges. Section 1. The power to erect bridges on public highways across navigable streams in this state, or to grant franchises to individuals, or corpora- tions for the same, is hereby granted to the boards of supervisors of the several counties of the state, under the restrictions of this act. Regulation of tolls, by whom exercised. Sec. 2. The power to grant franchises to indi- viduals or corporations to construct bridges, and the regulation of tolls thereon, shall be exercised by the county on the left bank of all streams. Supervisors may join between counties. Sec. 3. Where a navigable stream is the bound- ary line between the counties, the boards of super- visors of such counties may join in the construc- tion of a bridge, upon such terms as may be agreed upon; provided, however, that in case of a fail- ure to agree, either county may build the bridge and maintain control thereof. Notify state engineer. Sec. 4. Whenever the supervisors of any county or counties desire to erect a bridge on any public highway, or to grant the privilege so to do to any individual or corporation, across a navigable stream, under the provisions of this act, said board or boards bhall notify the state engineer of such purpose, and of the precise point where such bridge is proposed to be located. The state en- gineer shall, within ten days of the receipt of such notice, designate the width of the draw to be made in such bridge, and also the length of the spans necessary to permit the free flow of water. Hearing before state engineer. Sec. 5. The communication from the state engi- neer, fixing the draw and spans, shall be spread upon the minutes of the board, and any bridge constructed at that point shall be in conformity therewith; provided, however, that the state en- Bridges. 43 gineer may, upon hearing before him, had upon application of any person or body interested, made within ten days after the receipt by said board of supervisors of said communication of said engi- neer, change his first plans, in which case the modified plans must be so spread upon the min- utes, and shall stand in the place of the original; provided, however, that before such hearing is had, the said engineer must give ten days' notice by publication in some newspaper published in the county or counties from which the application came, of the time and place of the hearing. Surveyor-general, when may act. Sec. 6. In case of the absence or inability of the state engineer to act, the duties devolving upon him under this act shall be performed by the state surveyor-general. Rates of toll, by whom fixed. Sec. 7. When a bridge shall be built on a navig- able stream, by one county, or two counties, it may be absolutely free, or tolls sufiicient to pay in whole, or in part, for the construction, and to keep up the repairs and expenses thereof, may be charged; the rate to be fixed by the board of sup- ervisors of the county in which the same is locat- ed, or, if located in two counties, then by the boards of supervisors of the two counties; or if there be any disagreement between said boards, as to imposing or removing tolls, or the rate, the matter in dispute shall be referred to the board of supervisors of some neighboring county for de- termination, and its decision, communicated in writing to the clerks of said boards respectively, shall be final; and if tolls are fixed or removed thereby, the same shall take effect on the tenth day from the date of such written determination. Supervisors to declare . necessity for building bridges. Sec. 8. The board of supervisors, or other govern- ing body of any city and county, or county, in this state, shall have power to declare that it is nec- essary for the public convenience to have a bridge or bridges built across any estuary, swamp, pond, or arm of a bay that may lie or extend into the couaty, or city and county, and prescribe the points between which said bridge or bridges shall 44 Building and Loan— Butter. be built, and when tliey shall have specified the points between which it is, in their judgment, nec- essaiyto build the said bridge or bridges, they may let contracts to build the bridges, as aforesaid, and pay for the same out of the general fund of the city and county, or county. Sec. 9. This act shall take effect immediately. [Approved March 14, 1881; Stats. 1881, 76.] TITLE 26. BUILDING AND LOAN ASSOCIATIONS. Acts relating to: See Civil Code, Appen^x, UtW, Building and Loan Associations, p. 727. (^/ i ' TITLE 27. . '^ BUOYS AND BEACONS. Acts relating to: See Penal Code, Appendix, title, Buoys aud Beacons, p. 515. aV' - \y TITLE 28. BUTTE COUNTY. For a reference to special acts relating to Butte county, see Deering's Annotated Penal Code, p. 436, et seq. See also an act to amend the act to incorporate the town of Chico, Stats. 1887, p. 63. TITLE 29. '•^l VJy^A^ BUTTER. i^. ik^. w;x Acts relating to: See Penal Code, Appendix, ti- ^^'^ tie, Butter, p. 516. Calaveras— Cemeteries. 45 TITLE 30. CALAVERAS COUNTY. \y For a reference to special acts relating to Cala- veras county, see Deering's Annotated Penal Code, pp. 438, 439. TITLE 31. CALIFORNIA STATUTES, INDEX TO. An act authorizing tlie superintendent of state printing to have prepared and printed an index to all the laws of California, 1850-1893. [Approved March 11, 1893; Stats. 1893, p. 150.] ^ This act provided for the compiling, printing and distribution of a complete index to the Cali- fornia statutes. TITLE 32. CALIFORNIA VOLUNTEERS. An act to provide for the revision of the records of \/ the California volunteers, to authorize the ad-*- 4 ' jutant general to employ additional clerk ov j ■ clerics for that purpose, and to authorize the superintendent of state printing to print, bind, and issue the same. [Approved March 16, 1889; 1889, 228.] TITLE 33. CEMETERIES. Acts relating to: See Civil Code, Appendix, title, -iieemeteries, p. 736. . ^ .> .^ (if3 C( 46 Cemeteries. lyAn Act providing for the removal of human re- \j mains from cemeteries in cities having a popu- \ lation of more than five thousand and not ex- Aj ceeding one hundred thousand. Jxi 1. The City Council of any city in this State f^ having a population of more than fifteen hundred ( and not exceeding one hundred thousand, may, by ordinance duly passed, and under such lawful I rules and regulations which it may adopt, provide Jy for the exhuming, taking up, and removal from " cemeteries within the boundary lines of such city, or from cemeteries owned and controlled by such city that may have been located without its boun- daries (and in which such cemeteries no inter- ments of human remains have been made for a period of not less than two years), of all the hu- man remains interred in such cemeteries. [Ap- proved March 23, 1893, Stats. 1893, p. 234. Amend- ment approved March 26, 1895; Stats. 1895, chap. cl. An Act to protect public health from infection V caused by exhumation and removal of the re- W mains of deceased persons. ♦Vy Disinterring of bodies unlawful without permit. \ Section 1. It shall be unlawful to disinter or \ exhume from a grave, vault, or other burial place, 'k |he body or remains of any deceased person, un- '* less the person or persons so doing shall first ob- ^tain, from the board of health, health-officer, mayor, or other head of the municipal govern- ment of the city, town, or city and county where the same are deposited, a permit for said purpose. Nor shall such body or remains disinterred, ex- humed, or taken from any grave, vault, or other place of burial or deposit, be removed or trans- ported in or through the streets or highways of any city, town, or city and county, unless the per- son or persons removing or transporting such body or remains shall first obtain, from the board of healtji or health-officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writing, so to re- move or transport such body or remains in and through such streets and highways. Cemeteries, 47 Permits granted upon what. Sec. 2. Permits to disinter or exhume the bodies or remains of deceased persons, as in the last sec- tion, may be granted, provided the person apply- ing therefor shall produce a certificate from the coroner, the physician who attended such deceased person, or other physician in good standing cog- nizant of the facts, which certificate shall state the cause of death or disease of which the person died, and also the age and sex of such deceased; pro- vided further, that the body or remains of de- ceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any noxious or offensive odor or ef- fluvia escaping therefrom, and that such case or coffin contains the body or remains of but one per- son, except where infant children of the same parent or parents, or parent and children, are contained in such case or coffin. And the permit shall contain the above conditions and the words: "Permit to remove and transport the body of , age , sex ," and the name, age, and sex shall be written therein. The offi- cer of the municipal government of the city or town, or city and county, granting such permit, shall require to be paid for each permit the sum of ten dollars, to be kept as a separate fund by the treasurer, and which shall be used in defray- ing expenses of and in respect to such permits, and for the inspection of the metallic cases, cof- fins, and inclosing boxes herein required; and an account of such moneys shall be embraced in the accounts and statements of the treasurer having the custody thereof. Misdemeanor. Sec. 3. Any person or persons who shall disin- ter, exhume, or remove, or cause to be disinterred, t'^ exhumed, or removed, from a grave, vault, or // other receptacle or burial place, the body or re- ' Xi mains of a deceased person, without a permit M therefor, shall be guilty of a misdemeanor and be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in SiZ the county jail for not less than thirty days nor more than six months, or by both such fine and im- prisonment. Nor shall it be lawful to receive such M^^ody, bones, or remains on any vehicle, car, barge, ^ 48 Cemeteries. boat, ship, steamship, steamboat, or vessel for transportation in or from this state, unless the permit to transport the same is first received, and is retained in evidence by the owner, driver, agent, superintendent, or master of the vehicle, car, or vessel. Transportation of bodies exhumed without per- mit—Misdemeanor. Sec. 4. Any person or persons who shall move or transport, or cause to be moved or transported, on or through the streets or highways of any city or town, or city and county, of this state, the body or remains of a deceased person, which shall have been disinterred or exhumed without a per- mit, as described in section two of this act, shall be guilty of a misdemeanor, and be punishable as provided in section three of this act. Beward for information. Sec. 5. Any person who shall give information to secure the conviction of any person or persons for the violation of tlie provisions of this act shall be entitled to receive the sum of twenty-five dol- lars, to be paid from the fund collected from fines imposed and accruing under this act. Removal of remains of deceased persons. Sec. 6. Nothing in this act contained shall be taken to apply to the removal of the remains of deceased persons from one place of interment to another cemetery or place of interment within this state; provided, tJiat no permit shall be issued for the disinterment or removal of any body, unless such body has been buried for one year or more, without the written consent of the mayor, chair- man of the board of supervisors, or city council of any municipality of the state. [Amendment ap- proved March 13, 1889; Stats. 1889, 139. In effect immediately.] Sec. 7. This act shall take effect and be in force from the thirtieth day after its passage and ap- proval. [Approved April 1, 1878; 1877-8, 1050.] Census. 49- TITLE 34. CENSUS. All act to authorize any city, or city and county of tliis state to tal^e its census. [Stat, approved February 25, 1897; Stats. 1897, cliap. XXX.] Section 1. The council, or other legislative body of any city in this state, and the board of super- visors, or other legislative body of any city and county of this state, is hereby authorized, when- y^ ever said council, board of supervisors, or other ^%/ legislative body, may deem it necessary, between- ' y the years of talking the federal census, to take the A^ census of such city, or city and county, in the ' . manner prescribed by section two of this act. Sec. 2. Said council, board of supervisors, or other legislative body of any city, or city and county of tliis state electing to talie a census, as in this act provided tor, shall pass a resolution of intention declaring its intention to cause such cen- > BUS to be talien by one or more suitable <^ persons appointed therefor by such council, board /J of supervisors, or other legislative body, at the ,7 expense of said city or cities desiring such cen- " sus talvcn, and such census shall, by such persons so appointed, be talcen of all the inhabitants of such city, or city and county, and in said census the full name of each person shall be plainly writ- ten and the names alphabetically arranged and regularly numbered in one complete series, and when completed shall be verified before any offi'- cor autliorized to administer oaths, and be filed with the clerk of such city, or city and county. Sec. 3. A certified copy of such census shall be prepared by said clerk after being so filed, and shall be filed by him with the secretary of state for this state, and thereupon the same shall be known and be the official state census of said city, or city and county. Sec. 4. This act shall take effect and be in force from and after its passage. '^^ - Gen. Laws— 5. / 50 Central American Exhibition— Cheese. TITLE 35. CENTRAL AMERICAN EXHIBITION. An act for the appointment of a commissioner to represent the state of California at the Central American exhibition to be held in the City of (Guatemala, on March 15, 1897, and to pre- scribe his powers and duties; and to authorize the appointment of a clerk; and to provide for the expenses of said commissioner, and the compensation of said clerk, and for certain ex- penses of the California exhibit at said exhi- bition, and to appropriate money therefor. [Stat, approved February 9, 1897; Stats. 1897, cliap. iii.] The purpose of the act sufficiently appears from the title. ^, TITLE 36. -^ CHAMBERS OF COMMERCE. (T)^ CHAMBE ^ Acts relating: to: See Civil Code, Appendix, title, Chambers of Commerce, p. 737. TITLE 37. CHEESE. An act defining the different grades of cheese and for branding the same, manufactured in the state of California. [Stat, approved March 4, 1897; Stats. 1897, chap. Ixxvi.] Section 1. Every person or persons, firm or corporation, who shall at any creamery, cheese factory, or private dairy, manufacture cheese in the state of California, shall, at the place of man- Cheese. 51 ufacture, brand distinctly, and durably on the bandage of each and every cheese manufactured, and upon the paclvage or box when shipped, the grade of cheese manufactured, as follows: "Cal- ifornia Full-Cream Cheese," "California Half- Skim Cheese," and "California Skim Cheese." Sec. 2. All brands for branding the different grades of cheese shall be procured from the state dairy bureau, and said bureau is hereby directed and authorized to issue to all persons, firms, or corporations, upon application therefor, uniform brands, consecutively numbered, of the different grades specified in section one of this act. The state dairy bureau shall keep a record of each and every' brand issued, and the name and loca- tion of the manufacturer receiving the same. No manufacturer of cheese in the state of California, otiier than the one to whom such brand is issued, shall use the same, and in case of a change of lo- cation, the party snail notify the bureau of such change. Sec. 3. The different grades of cheese are here- by defined as follows: Such cheese only as shall have been manufactured from pure milk, and from which no portion of the butter fat has been removed by skimming or other process, and hav- ing not less than thirty per cent of butter fat, shall be branded as "California Full-Cream Cheese"; and such cheese only as shall be made from pure milk, and having not less than fifteen per cent of butter fat, shall be branded "California Ilalf-Skim Cheese"; and such cheese only as shall be made from pure skim-milk shall be branded "California Skim Cheese"; provided, that nothing in this section shall be construed to apply to "Edam," "Brickstein," "Pineapple," "Limburger," "Swiss," or hand-made cheese, not made by the or- dinary Cheddar process. Sec. 4. No person or persons, firms or corpora- tions, shall sell, or offer for sale, any cheese, man- ufactured in the state of California, not branded by an official brand and of the grade defined in section three of this act. Sec. 5. Whoever shall violate any of the pro- visions of this act shall be deemed guilty of a mis- demeanor, and shall, upon conviction thereof, be -'punished for the first offense by a fine of not less 52 Cbico— Chinese. than twenty-five dollars ($25) nor more than fifty dollars ($50), or by imprisonment in the county jail for not exceeding twenty-five days; and for each subsequent offense by a fine of not less than fifty dollars ^$50) nor more than one hundred dol- lars ($100), or by imprisonment in the county jail not less than fifty days nor more than one hun- dred days, or by both such fine and imprisonment, at the discretion of the court. Sec. 6. AU acts or parts of acts inconsistent with this act are hereby repealed. Sec. 7. This act shall take effect sixty days after its passage. Act relating to deception in manufacture and sale of: See Penal Code, p. 516. TITLE 38. CPIICO. Special acts relating to: See ante, title, Butte county. TITLE 39. CHINESE. A reference to tlie acts relating to Chinese is contained in Deering's Annotated Penal Code, pp. 439, 440. In addition consult the following act: An act to prohibit the coming of Chinese persons into the state, whether subjects of the Chinese Empire or otherwise, and to provide for regis- tration and certificates of residence, and deter- mine the status of all Chinese persons now resi- dent of this state, and fixing penalties and punishments for violation of this act, and pro- viding for deportation of criminals. [Approved March 28, 1891; Stats. 1891, p. 185.] Section 1. From and after the passage of this act, it shall be unlawful for any Chinese person Chinese. 53 or persons, whether subjects of the Chinese Em- pire or otherwise as well as those who are now within the limits of this state, and who may here- after leave this state and attempt to return, as those who have never been here, or, having been here, have departed from this state (save and ex- cepting only the following classes, that is to say: Such Chinese person or persons as may be duly accredited to the government of the United States as ministers plenipotentiary, or other diplomatic representatives, consuls-general, consular and commercial agents, including other officers of the Chinese or other governments traveling upon the business of that government, with their body and household servants), to come to or within, or to land at or remain in, any port or place with- in this state; and the coming of Chinese persons to this state, whether for the purpose of transit only or otherwise, excepting the classes herein- before specifically described and excepted, from and after the passage of this act, be and the same is hereby absolutely prohibited. Sec. 2, The master, purser, or agent of any ves- sel, who, on clearing from any foreign port and bound to any port of this state, shall knowingly ship as a sailor or marine, or enter upon his crew list, or count upon his "bill of health," or permit the same to be entered or counted, the name of, or bring into this state, any Chinese person, other than those excepted by the statutes of the United States, as such Chinese person or persons, duly accredited to the government of the United States as ministers plenipotentiary, or other representa- tives, consuls-general, consular and commercial agents, including other officers of the Chinese or other governments traveling upon business of that government, with their body and household ser- vants, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such Chinese person so entered, counted, or brought into this state, and may also be imprisoned for a term of not exceeding one year; but the foregoing provisions shall not apply to the case of any master, purser, or agent whose vessel, being bound to a port not within this state, ■^all come within the jurisdiction of this state 54 Chinese. by reason of being in distress, or in stress of weather, or touching at any port of this State on its voyage to any other State, or foreign port or place; provided, that no Chinese person brought on such vessel sliall be permitted to land, except in case of absolute necessity, and must depart with the vessel on its leaving port; and if so per- mitted to land, such master, purser, or agent shall be liable as in this section provided. Sec. 3. It is hereby made the duty of all agents of transportation, and ticket agents, in this State, for railroad, stage lines, steamship lines, and vessels of all descriptions, and masters and purs- ers of the same, when applied to by any Chinese person, or by any other person for the passage of a Chinese person, for a ticket as passenger from one station, town, city, port, or landing in this State, to another station, town, city, port, or land- ing in this State, or to any other State of the United States, and before selling such ticket, to de- mand of said person applying permission to see, and shall, before selling a ticket, examine the "certificate of residence" of the applicant, as de- scribed in this act, and insert the number of Sh.id certificate of residence on said ticket; and should such applicant or Chinese person fail to produce such certificate, then the said agent shall not sell a ticket to or permit said Chinese person to take passage, and said agent, master, or purser shall arrest, or cause to be arrested, the said Chinese person or applicant, and proceed to file a com- plaint with any justice of the peace or police judge, or court having jurisdiction of the same, as in other cases provided for in this act, or turn over such Chinese person or applicant to s6me peace oflicer, whose duty it is to enforce the pro- visions of this act. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and on convic- tion thereof shall be punished by a fine of not more than five hundred dollars for each and every offense, and may be imprisoned for a term of not more than one year. Sec. 4. It shall be the duty of all conductors or agents of transportation, who may be authorized to examine tickets and receive fare of Chinese persons upon any railroad, stage line, sail vessel, Chinese. 55 or steamship plying between points, landings, ports, stations, towns, or cities of this State, or coming into this State from other States of the United States, or any foreign country, to demand at the same time to see and examine the "certifi- cate of residence" described in this act; and should any such Chinese person refuse or fail to produce, on demand, said certificate, conforming in all particulars to tlie provisions of section (11) eleven of this act, it shall be tlie duty of said agent, or conductor, master, or purser, to arrest and confine such Chinese person until such time as he shall be able to deliver over such person to some peace offi- cer, or file a complaint against said Chinese per- son in a court having jurisdiction, as provided for in this act; and should any such agent, ticket agent, conductor, master of vessel, or purser, re- fuse, or willfully or l^nowingly neglect to comply with the provisions of this act, he sluiU be deemed guilty of a misdemeanor, and on conviction there- of shall be punished by a fine of not more than five hundred dollars, and may be imprisoned for a term of not more than one year. Sec. 5. Any person who shall knowingly bring into or cause to be brought into this state, by land or otherwise, or who shall aid or abet the same, or aid or abet the landing in this State, from any vessel or otherwise, of any Chinese person not lawfully entitled to enter this State, shall be deem- ed guilty of a felony, and shall on conviction thereof be fined in a sum of not exceeding one thousand dollars, and imprisoned in the State's prison for a term not exceeding one year, and, If a Chinese person, shall be sentenced to deportation as in other cases. Sec. 6. No Chinese person shall be permitted to enter this State, by land or water, without first producing the certificate in this act required of Chinese persons resident of this State; and any Chinese person found guilty of being unlawfully within this State shall be caused to be removed therefrom, by judgment of court, to China, unless the defendant shall prove that he is a citizen of some foreign country other than China, then to said country of which he is a citizen. The burden of establishing citizenship shall rest upon the de- fendant. In every case, Avhen established that such Chinese person is not lawfully in this State, 56 Chinese. then the judgment of the court shall be deporta- tion to the country of his citizenship at the cost of said person so to be deported; and judgment and fine mav be rendered therefor, and if collected, paid unto and credited to the Chinese fund, and if not paid or collected, then, in the first instance, to be paid by this State out of the Chinese fund af- ter being brought before some Superior Court judge of this State, and declared by said judgment to be one not lawfully entitled to be or to remain in this State; provided, that after such judgment and find- ing of any court having jurisdiction, said court may transmit such findings and judgment to the Governor, who may forward a copy thereof to the Secretary of the Treasury of the United States, or other officer designated by him, and request that such Chinese person shall be removed from the limits of this State at the expense of the United States; and in all such cases the person who brought or aided in bringing such person to this State shall be liable to the government of this State for all necessary expenses incurred in such inves- tigation and removal; and all peace officers of the several counties of this State, including all other persons authorized to make arrests, are hereby in- vested with the same authority as any sheriff or constable. Sec. 7, Any Chinese person adjudged guilty of being unlawfully within the jurisdiction of this State, and on conviction thereof, shall be punished by being deported from this State to his or her own country, or by a fine of not less than five hundred dollars nor more than one thousand dollars, and deportation from this State to his or her own coun- try, or by imprisonment in the State prison for a term not less than one nor more than five years, and on termination of said imprisonment shall be deported to China, or such country of which he is a citizen; all the expenses of deportation, upon ap- proval of the State Board of Examiners, shall be drawn from the Chinese fund provided for in this act, and from no other source, when defrayed by the State. Sec. 8. In all cases where the judgment of de- portation, or fine and deportation, or imprison- ment and deportation, shall be rendered by any court trying the same, it shall be the duty of Chinese. 57 the court to caus6 to be made a copy of the find- ings and judgment in the ease, attaching to the same a well-taken photograph of the defendant, and also stating such distinctive facial marks, or noticeable physical marks or features, as will at any future time assist in a ready detection and con- viction on a second offense, and forward the same to the commissioner of the bureau of labor statis- tics of this State, for preservation and reference at any future time. Sec. 9. AVithin ninety (90) days after the passage of this act, it shall be the duty of the commissioner of the bureau of labor statistics of this State to cause to be published in one daily or weekly news- paper, if any, of general circulation within each county of the State, for the period of one month, once each week, a notice to all Chinese persons within the State, and also post a like notice in a conspicuous place at such postoffices as he may- deem proper, written in the Chinese language, di- recting and commanding all Chinese persons with- in this State to appear at the office of the commis- sioner of the bureau of labor statistics within nine- ty (90) days from the date of the last publication of such notices, and apply for the certificate of res idence provided for in this act. Sec. 10. It shall be the duty of every county clerk to record, in a book kept for that purpose, and with reasonable dispatch, all certificates ot residence issued to Chinese persons who may re- side in the county, and keep a full record of all such certificates, for future reference and identifi- cation, with the photograph of said Chinese per- son incorporated therein. Sec. 11. The form of "certificate of residence" shall be printed on parchment of convenient size and durable quality, leaving a blank spape in cen- ter of first page of suflicient size, on which shall be printed or pasted a well-tukeu photograph of applicant, including, when possible, all facial marks or other features calculated to aid in a ready identification. The printing surrounding the photograph shall be in clear type, and contain the name, date of birth, place of birth, and country and citizenship; date of departure from such coun- try, date and year of arrival in the United States; ^% what port landing: age, sex, postoffice address. 58 Cliinese. number of street, town, city, farm, ranch, county, and State at which he may now reside; family name and tribe, complexion, color, height, weight, and occupation; by whom employed, and postoffice address of employer; if working on own account, at what employment, giving number of street, town, or city, name of farm, ranch, and occupation, and also any particular noticeable facial marks or bodily deformity as may be observed and believed to render ready aid in future identification; and any Chinese person who shall be found within the jurisdiction of this State, unprovided with a certif- icate of residence of the form above set forth, and bearing the official signature of the commissioner of the bureau of labor statistics of this State, after the expiration of one year from the date of the pas- sage of this act, then and in such case he shall be deemed and adjudged as unlawfully within the limits of this State, and subject to punishment as provided for in this act. Sec. 12. The county clerk shall cause to be affix- ed to the "certificate of residence" of every Chinese person presenting the same for record, his official signature and seal and the date of record. Sec. 13. It shall be the duty of all Chinese per- sons within the limits of this State at the date of the passage of this act, within one year after the passage of this act to apply for a "certificate of res- idence" to the commissioner of the bureau of labor statistics, and on obtaining the same to present to and have recorded by the county clerk of the coun- ty of residence of such Chinese person his "certifi- cate of residence," as hereinbefore provided: and any Chinese person within the limits of this State who shall fail or refuse to comply with the provis- ions of this act shall be adjudged by the court be- fore whom he may be tried as being unlawfully within the limits of this State, and subject to the same fines and penalties as in other cases provided for in this act. Sec. 14. Immediately after the passage of this act, the Secretary of State shall cause to be print- ed by the State Printer and sent to the clerks of the several counties throughout this State the nec- essary blank record books, containing blank cer- tificates, provided for herein, in such form as pre- scribed by this act and the commissioner of the bureau of labor statistics. Chinese. 59 Sec. 15. Eaeli Chinese person who shall apply- to the commissioner of the bureau of labor statis- tics for a certificate as required herein shall pay- to the said commissioner of the bureau of labor statistics, to be paid into the State Treasury, and credited to the "Chinese fund," the sum of five dol- lars, whicli sum, together with cost of photographs and recording- and fee of deputy issuing the certifi- cate of residence, shall be the only compensation allowed for registering and issuing certificates to Chinese persons as herein provided; and provided, that the applicant shall pay for or furnish the photograph set forth in section (11) eleven of this act, satisfactory to the commissioner of the bureau of labor statistics. Sec. 16. Immediately after the passage of this act, the Secretary of State shall cause to be printed by the State Printer, on parchment, and of the size adopted by the commissioner of the bureau of labor statistics, blank copies of the "certificate of resi- dence" referred to in this act, in sufficient quan- tities to supply the requirements of the commis- sioner of the bureau of labor statistics in carrying out this act. Sec. 17. The controller of this State shall open a set of books of account, known as the "Chinese fund account," in books to be provided by the Sec- retary of State, in which shall be entered all mon- eys received under this act, the date received, and name of persons paying the same, and for what purpose such money was received, upon itemized statements, rendered on the last day of each month by the commissioner of the bureau of labor statis- tics, on blank forms furnished by the State for such purpose, and thereupon the commissioner of the bureau of labor statistics shall pay such mon- eys into the State Treasury to the credit of said Chinese fund. Sec. 18. The fees collected under the provisions of this act shall be known and set apart by the Treasurer of State as the "Chinese fund," and shall be held and drawn upon solely to defray the expenses incidental to the execution of this act. Sec. 19. The Governor of this State is authorized and required, at the expiration of one year from the passage of this act, to offer a reward of twenty- ^^ ($25) dollars to any person or persons, as in- 60 Chinese. formants, who shall produce the necessary testi- mony for the conviction of any Chinese person of a violation of this act; provided, that the same shall be paid from the fund collected under the provi- sions of this act and known as the "Chinese fund," and from no other moneys belonging to the State; provided, that no such reward shall be allowed when such Chinese persons are deported for viola- tion of other laws of this State or municipal ordi- nances. Sec. 20. Whenever any peace officer of this State, or of any county or municipality of the same, shall have good reason to believe that any Chinese person has neglected to provide himself or herself with a certificate of residence provided for in this act, he shall demand of said person permis- sion to see and examine said certificate; and, on failure or refusal of such said person to produce the same, he shall at once report the facts, on oath, to the nearest justice of the peace, or police judge, or judge of any superior court, who shall, if in his judgment good cause is shown, issue his warrant for the arrest of said Chinese person, and proceed to examine or try the defendant upon said charge. Sec. 21. Whenever it shall appear to any court having jurisdiction of any case under this act, that, upon the testimony, the defendant has failed to provide himself or herself with the certificate as set forth in this act, for cause, or from reasonable circumstances over which he or she had no control, then and in such cases the judgment of the court shall be that such Chinese person shall pay all costs of such investigation, and at that time, with- out delay, proceed to register and procure a cer- tificate as provided for in this act; and provided further, that should the defendant fail, on demand of the court, to comply witli the judgment of the same, under the provisions of this act, then and in such cases the penalty shall be the same as pro- vided for in other cases, and the award to the in- formant shall be the same as in other cases; pro- vided, that when sufficient excuse is shown for not having registered, and such registration is made, no penalty shall be inflicted except the payment of costs. Sec. 22. Any person whose race or nationality precludes him from being naturalized under the Chinese. 61 laws of the United States, or under the laws of this State, found guilty of a violation of any law of this State, or of any ordinance of a municipality of this State, other than a capital offense, shall be deemed and adjudged as having forfeited all right and privilege to remain within the State, and it shall be the duty of the court trying the cause to pass sentence of deportation as in other cases pro- vided for in this act, to be executed after he shall have satisfied the penalty of fine and imprison- ment, or either, for violation of such law of this State, or ordinance of any municipality of the same; provided, that the court trying said,. cause may, in its discretion, pass such sentence of de- portation in the first instance as the only penalty. Sec. 23. Any person who shall knowingly and falsely alter or substitute any name for the name written in any certificate herein registered, or forge such certificate, or knowingly utter any forg- ed or fraudulent certificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such cer- tificate, shall be deemed guiltj^ of a felony, and up- on conviction thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in the State penitentiary for a term of not more than five years. Sec. 24. For the purpose of carrying out the provisions of this act, it is hereby provided,— Subdivision 1. That the commissioner of the bu- reau of labor statistics shall have for his services to be rendered in carrying out this act the sum of two thousand ($2,000) dollars per annum, payable out of the Chinese fund in this act created and pro- vided for. Subdivision 2. The commissioner of the bureau of labor statistics may. with the concurrence and consent of the Governor, appoint such deputies as may be deemed by them necessary to carry out the provisions of this act, and that such deputies shall receive such compensation as may be fixed by the State Board of Examiners, not to exceed the sum of one dollar for each certificate issued, in full com- pensation for their services as such deputies, to be charged to the Chinese fund hereinbefore specified. "iSubdivision 3. All claims arising out of and inci- Gen. Laws^6. 02 City and County Attorneys— Civil Eights. dent in carrying out tlie provisions of tliis act shall be presented the same as other claims against the State, and audited and passed on by the State Board of Examiners, and paid on warrants drawn by the controller upon the Chinese fund. Sec. 25. This act shall take effect from and after its passage. TITLE 40. CITY AND COUNTY ATTORNEYS. Acts relating to, see Political Code, Appendix, title Ci|;y and County Attorneys, p. 958. ^ TITLE 4L CIVIL RIGHTS. An Act to protect all citizens in their civil and legal riglits. [Stat, approved March 13, 1897; Stats. 1897, chap, cviii.] . i Section 1. That all citizens within the jurisdic- tion of this State shall be entitled to the full and equal accommodations, advantages, facilities, and privileges of inns, restaurants, hotels, eating-hous- es, barber-shops, bath-houses, theaters, sl^ating- rinlis, and all other jjlaces of public accommoda- tion or amusement, subject only to the conditions and limitations established by law and applicable alike to all citizens. Sec. 2v Whoever shall violate any of the provi- sions of the foregoing section, by denying to any citizen, except for reasons applicable alike to ev- ery race or color, and regardless of race or color, the full accommodations, advantages, facilities, and privileges in said section enumerated, or by aiding or inciting such denial, or whoever shall make any discrimination, distinction, or restriction on account of color or race, or except for good cause, applicable alike to all citizens of every color or race whatever, in respect to the admission of Codes. 63 auy citizen to, or his treatment in, any inn, res- taurant, hotel, eating-house, barber-shop, bath- house, theater, slvating-rink, or other public place of amusement or accommodation, whether such place be licensed or not, or whoever aids or incites such discrimination, distinction, or restriction, shall, for each and every such offense, shall be liable in damages in an amount not less than fifty dollars, which may be recovered in an action at law brought for that purpose. Sec. 3. All laws or parts of laws in conflict with this law are hereby repealed. TITLE 42. CODES. The legislation concerning the preparation, tak- ing effect of, publication of, and applying of the Codes and statutes in force can be found in Deer- ing's Annotated Penal Code, p. 442, et seq. An Act to create and establish a commission foi revising, systematizing, and reforming the laws of this State, and for the appointment of the members of said commission, to be known as "The Commissioners for the Revision and Re- form of the Law," and to prescribe their pow- ers and duties; and to authorize the appoint- ment of a secretary and stenographer therefor; and to provide for the compensation and ex- penses of said commission, secretary, and sten- ographer, and to appropriate money therefor. [Approved March 28, 1895; Stats. 1895, chap, ccxxii. In effect immediately.] The commission. Section 1. A non-partisan commission, consist- ing of three persons as hereinafter designated, is hereby created and established, for the purposes of revising, compiling, correcting, amending, system- atizing, improving, and reforming the laws of this state, for the advancement and welfare of the peo- ple thereof. 64 Codes. Qualifications of members. Sec. 2. The members of said commission shall be known and designated as "The Commissioners for the Revision and Reform of the Law," and the term of office shall be two (2) years from and after the first day of April, eighteen hundred and nine- ty-five. They shall not belong to the same political party, but shall be members of the legal profes- sion who have for more than five years prior to their appointment been engaged in the practice of law in this state, and admitted to practice before the supreme court. Each shall be appointed from and represent a separate portion of the state. Manner of appointment. Sec. 3. Said commissioners shall be appointed by the governor within ten days from the passage of this act. In case of a vacancy or vacancies in said commission by death, resignation, removal, or otherwise, a successor or successors to fill such va- cancy or vacancies for the unexpired term shall be appointed in lilie manner. Notice of appointment. Sec. 4. The secretary of state shall, after the passage of this act and the appointment of such commissioners, immediately notify each appointee thereof, and issue to each appointee a commission, under the great seal of this state, notifying him of the passage of said act and of his appointment by the governor. Each appointee shall immediately upon receiving said notice of his appointment, if he accepts the same, take and subscribe an oath of office, which shall be filed in the office of the secre- tary of state. Organization of commission. Sec. 5. The commission shall hold its sessions in a room to be provided by the secretary of state, in the state capitol, and shall enter upon the dis- charge of its duties immediately after its organ- ization. Said commissioners shall select and adopt a suitable seal for the authentication of their acts, records, and proceedings, and adopt and provide for the publication of such reasonable and proper rules and regulations for the conduct of the busi- ness of said board, and for the promotion of the objects intended to be advanced by this act. They shall, thereupon, select and appoint a secretary Codes. 65 and stenographer, to hold office during the pleasure of said board, who shall attend all the sittings of said board, and act under its supervision. Powers and duties. Sec. 0. 1. It shall be the dutj- of said commis- sioners to revise and examine the Political Code, the Civil Code, the Code of Civil Procedure, and the Penal Code of the state of California. 2. To revise and examine all the statutes of this state that have been or shall hereafter be passed by the legislature thereof and published by the state. 3. They shall ascertain, determine, and desig- nate, according to their best judgment, those stat- utes now in force, and those expressly or by im- plication repealed. 4. They shall note and designate the errors, de- fects, or omissions, verbal; grammatical, or other- wise, and suggest what will be necessary to sup- ply, correct, or amend the same, and such improve- ments as shall introduce precision and clearness into the wording of the codes and statutes. 5. All or any of the reports, records, or proceed- ings of said commission shall be printed by the state printer, on the requisition of said board, when so ordered and directed by said board. 6. Said board shall have power to order the state printer to print and deliver to the secretary of said board such number as said board may des- ignate of any report, record, or proceedings of said board. 7. Said commissioners, or either of them, upon the request of the legislature, or a duly appointed committee thereof, shall attend at the capitol dur- ing the sitting of said session of the legislature, and act as legislative counsel or adviser, in draft- ing or passing upon the form of any bill, or pro- posed bill, pending or to be introduced before the legislature; and also, when requested, give advice to said legislature, or such committee, as to the form of any proposed legislation, and its effect upon existing laws, and as to whether said bill, as drawn and presented, is so constructed and word- ed as to carry out the purpose intended. 8. Thirty days prior to every session of the leg- islature, said board shall make and file with the 66 Codes. secretary of state a report of their transactions re- lating to legislative matters, or which would give any information or knowledge to said legislature as to legislation in the past, and as to the policy for future legislation. And they shall also report to said legislature such suggestions as they deem proper for the promotion of the public welfare and the best interests of the state, or any locahty or citizens thereof, and file therewith schedules or ex- hibits, showing the form or substance of all pro- posed legislation which they recommend. And they shall suggest all such improvements as shall conduce to precision and clearness in the wording of the codes and statutes, and propose such meas- ures as may be necessary to improve or give unity and completeness to the system of the laws of this state. Said reports, schedules, and exhibits shall be printed by the state printer, upon the requisi- tion and under the supervision of the commission- ers. They shall be so printed as to show, in the readiest manner, the changes proposed by the commission, and in those cases wherein it shall re- commend the repeal of a law, and propose a sub- stitute therefor, such law and substitute shall be printed in the manner most convenient for compar- ison. 9. Said board shall at all such times as they may designate by rules and regulations which they may adopt, sit in open session and hear such printed or oral arguments as may be addressed to them, for or against any proposed or existing leg- islation. All such sessions of the board shall be open to the public, and a record of all proceedings shall be kept and preserved by the secretary of said board. Compensation. Sec. 7. 1. Said commissioners shall receive for their services, from the state, the sum of four tiiousand dollars each per annum; such compensa- tion shall be paid in the same manner as the sala- ries of the justices of the supreme court are now paid. 2. The secretary of the commission shall receive the sum of tAvo hundred dollars ($200) per month, and the stenographer one hundred dollars ($100) per month, payable in like manner as the salaries are paid to the members of said commission. Colleges. 67 3. The expenses incurred by said commission, or the members thereof, exclusive of salaries, shall be set forth in detail in an itemized statement, and thereupon a requisition shall be made by said board of commissioners upon the state controller, accompanied by the sworn certificates of all the commissioners that the services have been per- formed and the materials used or things furnished, and that said sums are justly due. 4. And said state controller is hereby directed to draw his warrant on the treasurer for the payment of said salaries, when due and payable, as herein provided. And also for such sums as are covered by said requisitions, and the treasurer is hereby directed to pay the same out of any money not oth- erwise appropriated. Sec. 8. This act shall take effect and be in force from and after the date of its passage. TITLE 43. COLLEGES. See Education. 6^4^ f / / Acts relating to: See University of California. The Civil Code provides for the incorporation of colleges and seminaries of learning (sees. 649-651). As there may, however, be some doubt as to how far the old laws are affected, it is deemed proper to refer to the legislation, and at the same time call attention to provisions to be found in sections 330 and 4478 of the Political Code, and 20 and 286 of the Civil Code. The old laws on the subject of colleges will be found collated in "General Laws," sec. 573, and "Supplement," sees. 7455, 7759. See also: An act supplementary to an act entitled "An act to provide for the incorporation of colleges, ap- proved April 20, 1850," approved January 8, 1872; Mrri-2, 10. ^ 68 Columbiau Exposition— Colusa County. An act to amend the last-named act, approved February 7, 1874; 1873-4, 85. There is also an act entitled "An act to confer further powers and privileges on the trustees of the Los Nitos collegiate institute," approved March 11, 1874; 1873-4, 341. This is unquestionably in force; but being special in its character, it is omit- ted. An act expressing assent of the state of Califor- nia to the act of congress, approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts, estab- lished under the provisions of an act of con- gress, approved July second, eighteen hundred and sixty-two," and to the purposes of the grants of moneys authorized thereby, and to all the provisions thereof. [Approved March 31, 1891; Statutes 1891, p. 458.] The object of the act sufficiently appears from the title. TITLE 44. COLUMBIAN EXPOSITION. See post. World's Exhibitions. TITLE 45. COLUSA COUNTY. For a reference to local acts relating to Colusa county, see Deering's Annotated Penal Code, pp. 449, 450. Congressional— Contagious Diseases. 69 TITLE 46. CONGRESSIONAL DISTRICTS. An act to divide the State of California into con- gressional districts. [Approved March 11, 1891; Statutes 1891, p. 84.] Consult statutes of 1891 for the act. TITLE -47. CONSTABLES. Acts relating to: See Political Code, Appendix, title, Constables, p. 958. C^. TITLE 48. CONSTITUTION. An act to provide for a convention to frame a new constitution for the state of California. r2. [Approved iVIarch 30, 1878; 1877-8, 759.] / The purpose of the act appears from the title. TITLE 49. CONTAGIOUS DISEASES AMONG SHEEP. An act authorizing and empowering the boards of supervisors of the several counties of the state to prevent and eradicate infectious and con- tagious diseases among sheep, to provide for the appointment of a sheep commissioner, and to define the duties and powers of commis- sioner. [Approved March 16, 1889; 1889, 216.] Appointment of sheep commissioner. Section 1. AYhenever a petition shall be filed //; 70 Contra Costa County— Contracts. with the board of supervisors of any county in this state, signed by not less than fifty resident free- holders of such county, praying for the appoint- ment of the commissioner herein named, said board may, if deemed advisable, appoint some competent person, a resident of the county, who shall act and be known as sheep commissioner, whose duties and powers, which are to be exercised in the prevention and eradication of contagious diseases among sheep, shall be defined and deter- mined by said board; and the fees and compensa- tion of such commissioner, only to be charged when he is actually and necessarily engaged in the performance of his duties, shall be paid out of the treasury of said county as claims against counties are now paid, and be fixed by said board at the time of such appointment. Sec. 2. This act shall take effect immediately. TITLE 50. CONTRA COSTA COUNTY. A reference to special acts relating to Contra Costa county can be found in Deering's Penal Code. pp. 455-457. TITLE 51. CONTRACTS. An act to provide for the letting of contracts for lighting of streets and public buildings in cities and towns in the state of California. Section 1. Before any city or town in the state of California shall enter into any contract for the lighting of its streets, or public buildings, or other public places, the city council or trustees, or other governing body of such city or town, shall adver- tise for bids for such lighting, and cause a notice to be posted in three public places in the city or town, inviting sealed proposals for doing such lighting, referring to the specifications posted or on file. The advertisements for bids shall be pub- Contracts. 71 lished for ten days, in the newspaper designated by such city or town as its otticial paper, in which other legal notices, orders, and ordinances are re- quired to be published, if there be any such offi- cial paper; but if there be no such official paper, then such advertisements for bids shall be pub- lished in any newspaper of general circulation de- signated by such city council, trustees, or other governing body; provided, that any city or town of less than ten thousand inhabitants may contract for street lighting at a price of ten dollars per month or less for each light of two thousand candle power without complying with the terms of this act. [Amendment approved March 27, 1897, chap, cliii. In effect immediately.] Sec. 2. All contracts for the lighting of streets, public buildings, and other public places, after bids have been advertised for and notice given, as provided in section one of this act, shall be let to the lowest responsible bidder. The city coun- cil, trustees, or other governing body of such city or town may reject any and all the bids. Sec. 3. Each bid shall be accompanied by a checLc, payable to the order of the mayor or pres- ident, or other chief officer of such city or town, and certified by a responsible bank, for at least ten per cent of the amount of the bid, or by a bond for said amount, signed by the bidder and two sureties, who shall qualify under oath in dou- ble said amount, over and above all statutory ex- emptions. Said bids shall be delivered in a sealed envelope to the clerk of said city council, trustees, or other governing body, and said city council, trustees, or other governing body shall, in open session, open said bids, examine, and publicly de- clare the same. If none of said bids are accepted, a re-advertisement and notice for bids for such lighting shall then be had as provided for in the first instance. If any of said bids are accepted, then such city council, trustees, or other govern- ing body of such city or town, shall enter into a contract with the bidder whose bid is accepted, to do such lighting, which contract shall embody the specifications and terms for such lighting placed on file before any bids are advertised for. But no 72 Controllers— Co-operatiye Associations. contract shall be made for a longer period than one year, and every such contract shall go into ef- fect Avithin six months after the bid is approved. Any check or bond accompanying any unaccepted bid shall be returned to the party furnishing the same, when his bid is rejected; any check or bond accompanying any accepted bid shall be retained by the clerk till the successful bidder shall have entered into a contract as herein provided, and then be returned to said bidder; but if such bidder shall refuse to enter into such contract, his check or bond shall be declared forfeited to such city or town, and shall be collected and paid into the general fund thereof. Sec. 4. This act shall take effect and be in force from and after its passage. [Stat, approved March 26, 1895; Statutes, 1895, p. 191.] TITLE 52. CONTROLLERS. Acts relating to: See Political Code, Appendix, title. Controllers, p. 958. See, also, act authorizing additional clerk for, approved March 20, 1895, Stats. 1895, p. 67. TITLE 53. CONVICTS. Acts relating to: See Penal Code, Appendix, title, Convicts, p. 524. TITLE 54. CO-OPERATIVE ASSOCIATIONS. Acts relating to: See Civil Code, Appendix, title, Co-operative Associations, p. 742 et seq. Coroners — Corporations. 73 TITLE 55. ^ CORONERS. ^y;^ Acts relating to: See Penal Code, Appendix, title, ^-^^^ Coroners, p. 525. ^ / ' ^.^ - TITLE 56. CORPORATIONS. Acts relating to: See Civil Code, Appendix, title, Corporations, p. 750 et seq. ; Penal Code, Appendix, title, Corporations, p. 541. •^ The law in referetice to the formation, powers, privileges, obligations, and incidents of corpora- tions will be found in the Civil Code, sees. 283-648, inclusive, which seems to have superseded all the old laws upon the same subject. By operation, however, of section 288, the old laws remain in force in so far as applicable to certain corpora- tions formed previous to January 1, 1873, therein referred to. They are, therefore, now to be con- sidered only as special in their character. They will be found collected and collated in "General Laws," sec. 746, and "Supplement," sec. 7611. In addition to the statutes collected and collated as above mentioned, tlie following later enact- ments, in addition to those inserted in the Civil j Code, may be referred to: A\ ' An act to amend an act entitled "An act to pro- /^/^ ,ylde for the formation of corporations for the ac- ^' ;'\ttitnulation and investment of funds and savings, ^ ( approved April 11, 1862," approved February 21, ^ 1872; 1871-2, 132. r^, \ An act to amend an act entitled "An act con- Ofej'ning street railroads, approved March 29, 1870," "pliroved March 23, 1872; 1871-2, 515. An act to amend an act entitled "An act to pro- vide for the formation of corporations for certain - Gen. Laws— 7. 74 Costs— Counties. purposes, approved April 14, 1853," approved Mareli 23, 1872; 1871-2, 526. Tliis act was in refer- ence to manufacturing, mining, and other business corporations, and provides for the filing of certified certificates in the counties in vrhich they were to carry on business. An act concerning assessments upon the stock of corporations (relating to collection of assess- Jjjx ments of the "Southern District Agricultural Asso- ^^ ciation"), approved March 27, 1872; 1871-2, 626. An act supplemental to an act entitled "An act to authorize the incorporation of canal companies, and to provide for the construction of canals and ditches, approved April 2, 1870," approved March 30, 1872; 1871-2, 732. This act applies only to Te- hama county. \^ / An act to authorize the Mutual Life Insurance Company of New Yorli and the Equitable Life As- surance Company of the United States to invest moneys in real and personal estate within the lim- its of California, approved March 28, 1874; 1873-4, ,v-^- t TITLE 57. \<^^ COSTS. n Acts relating to : See Code of Civil Procedure, Ap- \^ pendix, title. Costs, p. 790; Penal Code, Appendix, title. Costs, p. 542. ^V)-' ..d TITLE 58. COUNTIES. An act to provide for the transfer of certain moneys from one county to another, when a new county has been formed and organized. Section 1. Whenever a new county has been formed within the state, it shall be the duty of the treasurer of the county or counties out of whose County Boundaries. 75 territory said new county shall have been form- / ed to immediately cause to be transferred to theC^- county treasurer of the new county thus formed .< all moneys standing to the credit of or belonging to any road or school district, the territory com- prising which has been segregated from such old county, and which is included in the boundaries of such new county. Sec. 2. Whenever, in the formation of a new county, a road or school district has been divided, the board of supervisors shall, by order, direct the treasurer to transfer a proportionate amount of the moneys remaining in the fund of such district to the treasurer of the new county. Sec. 3. This act shall be held to apply express- ly to counties heretofore divided and new counties created from the territory of the same, when no provision was made in the act creating such coun- ty for the transfer of the moneys herein provided to be made. Sec. 4, A compliance with the provisions of this act shall be a full and complete settlement of all demands which the new county had against the old county or counties. Sec. 5. This act shall take effect immediately. [Approved March 23, 1893; Stats. 1893, p. 235.] Particular counties: See Particular Title. TITLE 59. COUNTY BOUNDARIES. Consult the following acts: An act to change and permanently locate the"^''', boundary line between the counties of Butte n and Yuba. ^^^ [Stat, approved February 25, 1897; Stats. 1897, 5 A chap, xxvi.] 7 < An act to more clearly define the boundary line be- tween the counties of Lalie and Yolo, in the ^. state of California. [Approved April 1, 1872; Statutes 1871-2, p. 903.] 76 County Clerks. An act to better define the boundary line of Mar- iposa and Fresno counties. [Approved April 1, 1872; Statutes 1871-2, p. 891. Amended February 11, 1874; Statutes 1873-4, p. 100.] An act providing for the survey of the line form- ing a portion of the southern boundary of Sis- kiyou county and the northern boundary of Lassen county. [Approved April 1, 1873; Stats. 1871-2, p. 886.] An act to define the northern boundary line of Napa county, adjoining Lake and Yolo coun- ties. [Approved March 8, 1872: Stats. 1871-2, p. 305.] An act to change and permanently locate the boundary lines between the counties of San Luis Obispo and Kern. [Approved March 14, 1885; Stats. 1885, p. 139.] An act to change and permanently locate the boundary lines betvreen the counties of Glenn and Colusa. [Approved March 11, 1893; Stats. 1893, p. 1.58.] Act to establish the county line between Fresno and Tulare. This act was virtually repealed by the operation of the following law: "An act to establish the county line between the counties of Fresno and Tulare." [Stats. 1875-6, p. 397. Approved March 23, 1876.]. TITLE 60. COUNTY CLERKS. Acts relating to: See Political Code, Appendix, ti- tle, County Clerks, p. 958. County Government. 77 TITLE 61. COUNTY GOVERNMENT. § 1. Counties are bodies politic. § 2. Powers exercised by agents. § 3. Names of. §§ 4-5. Powers. § 6. Contracts and acts in violation of act. § 7. Officers violating provisions of act. § 8. Money paid without authority, recovery of. § 9. Instructions to grand jury. § 10. Population of counties. § 11. County seats. § 12. Removal of county seats. § 13. Ordinance, submission of. §§ 14-19. Supervisors. § 20. Clerk of board. § 21. Records of board. §§ 22-24. Meetings of board. §§ 25-53. General powers. § 54. Eligibility of officers. § 55. County officers. § 56. Township officers. § 57. Notice, publication of. § 58. Election of officers. § 59. Deputies. § 60. Officer includes deputy. § 61. Residence and office hours. § 62. Liability of sureties. § 63. Oaths, who may administer. § 64. Absence of officer from state. § 65. What officers not to practice law. § 65. What officers not to act as notaries. § 66. Bonds of officers. §§ 67-87. Treasurers. § 88. Process and notice, definitions of. §§ 89-106. Sheriffs. §§ 107. 108. County Clerks. §§ 109-118. Auditors. §§ 119-131. Recorders. §§ 132-134. District Attorney. §§ 135-141. Surveyor. §§ 142-147. Coroners. § 148. Assessor. § 149. Tax Collector. § 150. School Superintendent. §§ 151, 152. Public Administrator. §§ 153, 154. Constables. § 155. Justices of the Peace. 156, 220. Salaries. ^. 78 County Government. § 157. Classification. §§ 158-215. Compensation of officers. §§ 216-225, 227. Fees. § 226. Services performed by successor. § 228. County Charges. §§ 229, 230. Costs on removal of officers. § 231, New counties, organization of— reduction of popula- tion. § 232. Repeal of inconsistent acts. § 233. Salaries of incumbents. § 234. In effect, when. An act to establish a uniform system of county and townsliip governments. [Stat, approved April 1, 1897; Stats. 1897, cli. cclxxvii.] Section 1. The several counties of this state, as they now exist, and such other counties as may be hereafter organized, according to laAV, are bodies corporate and politic, and as such have the pow- ers specified in this act, and such other powers as are necessarily^ implied. Sec. 2. Their powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority, or authority of law. Sec. 3. The name of a county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and pro- ceedings touching its corporate rights, property, and duties. Sec. 4. It has power: 1. To sue and be sued. 2. To purchase and hold land within its limits. 3. To make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers. 4. To manage and dispose of its property as the interests of its inhabitants may require. 5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are author- ized by law. Sec. 5. No county shall, in any manner, give or loan its credit to or in aid of any person or corporation. An indebtedness or liability incurred contrary to this provision shall be void. Sec. 6. All contracts, authorizations, allow- ances, payments, and liabilities to pay, made or County Government. 79 attempted to be made in violation of this act, shall be absolutely void, and shall never be the foundation or basis of a claim against the treas- ury of such county. And all officers of said coun- ty, are charged with notice of the condition of the treasury of such county, and the extent of the claims against the same. Sec. 7. Any officer authorizing, or aiding to authorize, or auditing, or allowing, or paying any claim or demand upon or against said treasury, or any fund thereof, in violation of any of the pro- visions of this act, or of the constitution of this state, shall be liable in person, and upon his oflfl- cial l3ond, to the person or persons damaged by such illegal authorization, to the extent of his or their loss by reason of the non-payment of his or their claims. Sec. 8. Whenever any board of supervisors shall, without authority of law, order any money paid as a salary, fees, or for any other purposes, and such money shall have been actually paid; or whenever any county officer has drawn any war- rant or warrants in his own favor, or in favor of any other person, without being authorized by the board of supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby empowered, and it is here- by made his imperative duty, to institute suit, in the name of the county, against such person or persons, to recover the money so paid, and twenty per cent damages for the use thereof; and no or- der of the board of supervisors therefor shall be necessary to maintain such suit. When the money has not been paid on such order or warrants, it is hereby made the imperative duty of the district attorney of such county, upon receiving notice thereof, to commence suit, in the name of the county, to restrain the payment of the same; and no order of the board of supervisors shall be nec- essary in order to maintain such suit. Sec. 9. It shall be the duty of the judge of the superior court of each and every county, when- ever a grand jury is impaneled, to call their atten- tion to' the provisions of the foregoing sections, and to instruct them to ascertain, by careful and diligent investigation, whether the provisions of satd- sections have been complied with, and to 80 County Government. note the result of such investigation in their re- port. See. 10. The population of the several counties of this state is hereby ascertained and deter- mined to be and is as follows: County of San Francisco, two hundred and ninety-eight thou- sand two hundred and fifteen; county of Los An- geles, one hundred and twenty-four thousand eight hundred and seventy-five; county of Alame- da, one hundred thousand four hundred and fif- teen; county of Santa Clara, fifty-eight thousand two hundred and ninety; county of Sacramento, forty-seven thousand eight hundred and twenty; county of Sonoma, thirty-seven tliousand three hundred and forty-five; county of San Joaquin, thirty-six thousand six hundred and seventy; county of San Diego, thirty-five thousand six hundred and twenty; county of Fresno, thirty-five thousand and eighty; county of San Bernardino, twenty-seven thousand five hundred; county of Humboldt twenty-seven thousand two hundred and fifty-five: county of Solano, twenty-six thou- sand one hundred and thirty; county of Tulare, twenty-four thousand one hundred and fifty; county of Butte, twenty-two thousand seven hun- dred and seventy; county of Santa Cruz, twenty- two thousand and fifty-five; county of Nevada, twenty-one thousand nine hundred and five county of Mendocino, twenty-one thousand and ninety-five: county of Monterey, twenty thousand six hundred; county of San Luis Obispo, twenty thousand one hundred and forty; county of Placer, eighteen thousand nine hundred and eighty-five; county of Riverside, eighteen thousand four hun- dred; county of Santa Barbara, eighteen thousand three hundred and ten; county of Napa, eighteen thousand two hundred and twenty: county of Yolo, seventeen thousand three hundred and sev- enty-five; county of Kern, seventeen thousand three hundred and thirty; county of Contra Costa, seventeen thousand two hundred; county of Orange, sixteen thousand five hundred and forty: county of Siskiyou, sixteen thousand one hundred and ninety; county of Shasta, sixteen thousand one hundred and forty-five; county of Ventura, fourteen thousand four hundred and ten; county County Government. 81 of Calaveras, fourteen thousand one hundred and seventy-five; county of Amador, thirteen thousand t-^ro hundred and fifty; county of El Dorado, thir- teen thousand and forty; county of Stanislaus, twelve thousand seven hundred and forty-five; county of San Mateo, twelve thousand four hun- dred and fifty; county of Tehama, eleven thou- sand six hundred and seventy-five; county of Yu- ba, eleven thousand six hundred and thirty-five; county of Marin, eleven thousand three hundred and sixty; county of Colusa, ten thousand five hundred and ten; county of Tuolumne, ten thou- sand two hundred and thirty-five; county of. Mer- ced, nine thousand eight hundred and fifteen; county of San Benito, nine thousand and ninety; county of Kings, eight thousand nine hundred and thirty-fiA'e; county of Sutter, eight thousand five hundred and sixty-five; county of Madera, seven thousand nine hundred and seventy-five; county of Lalie, seven thousand six hundred; county of Glenn, seven thousand four hundred and forty- five; county of Sierra, six thousand five hundred and forty; county of Plumas, five thousand nine hundred and seventy; county of Mariposa, five thousand seven hundred and twenty; county of Modoc, five thousand five hundred and sixty-five; county of Lassen, five thousand three hundred and thirty; county of Trinity, four thousand nine hundred and ninety; county of Inyo, four thou- sand three hundred and sixty; county of Del Norte, three thousand four hundred and sixty-five; county of Mono, two thousand seven hundred and seventy-five; county of Alpine, four hundred and ninety. Sec. 11. The county seats of the respective counties of this State, as now fixed by law, are hereby recognized as and declared to be the coun- ty seats of the respective counties. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in fa- vor of such removal. Sec. 12. Whenever there shall be presented to the board of supervisors of any county a petition, signed by the qualified electors of such county, in rymber equal to a majority of the votes cast at ^2 County Government. the preceding general election, praying for the submission of the question of the removal of the county seat of such county, it shall be the duty of the board of supervisors, by due proclamation, to submit the question of such removal of the coun- ty seat at the next general election to the quali- fied electors of such county. The election shall be conducted and the returns canvassed in all re- spects as provided by law for the conduct of gen- eral elections and canvassing the returns thereof. Sec. 13. Whenever there shall be presented to the board of supervisors, a petition, or petitions, signed by legal voters of said county equal in number to fifty per cent of the votes cast at the last preceding general election, asking that an or- dinance, to be set forth in such petition, be sub- mitted to a vote of the qualified voters of such county, it shall be the duty of the board of super- visors, by proclamation, to submit such proposed ordinance to the vote of the qualified electors of such county. Such election shall be held within thirty days after the first regular meeting of the board after the filing of such petition; provided, that should said petition be filed within six months prior to a general election, no special elec- tion need 'be held, but such ordinance shall be sub- mitted at the next general election. The ballots used at such special or general election shall con- tain the words "For the ordinance" (stating the nature of the ordinance), and "Against the or- dinance," stating the nature of the ordinance. The election shall be conducted and the returns can- vassed in all respects as provided by law, for the conducting of general elections and the canvass- ing the returns thereof; provided, that when a spe- cial election is held under the provisions of this section, the board of supervisors, in their discre- tion, may consolidate precincts, and may reduce the number of election officers to a number not less than four. If a majority of the votes cast up- on such ordinance shall be in favor of the adop- tion thereof, the board of supervisors shall pro- claim such fact, and upon the publication of such proclamation, such ordinance thus adopted shall have the same and equal force and effect as though adopted and ordained by the board of su- pervisors. The board of supervisors may also, at County Government, 83 any election, submit any question or proposition upon which they may desire the opinion of the voters of the county. BOARD OF SUPERVISORS. Sec. 14. Each county must have a board of su- pervisors, consisting of five members. Sec. 15. Each member of the board of supervis- ors must be an elector of the district which he represents, must reside therein during his incum- bency, must have been such elector for at least one year immediately preceding his election, and shall be elected by such district, and not at large, provided, that in any 'county or city and county in which supervisoral districts have not been es- tablished by law or ordinance, and in which su- pervisors are now required to be elected at large, but from particular wards, the members of the board of supervisors shall be elected at large and without regard to residence. Sec. 16. The board of supervisors may, by a two-thirds vote of the members of said board, change the boundaries of any or all of the super- visor districts of a county. Said districts shall be as nearly equal in population as may be. The boundaries of no supervisor district shall at any time be changed in such manner as to affect the term of office of any supervisor who has been elected, and whose term of office has not expired. No change in the boundaries of any supervisor district shall be made within ninety days next preceding a general election. Sec. 17. Whenever a vacancy occurs in the board of supervisors of a county, the governor shall fill the vacancy, and the ai^pointee shall lioM office until the election and qualification of his successor. In such case the election of a super- visor shall be held at the next general election to fill the vacancy for the unexpired term, unless such term expires on the first Monday after the first day of January succeeding said election. Sec. 18. The supervisors sliall elect a chairman, who shall preside at all meetings of the board, and in case of his absence or inability to act, the mem- bers present must, by an order entered on their records, select one of their number to act as chair- 84 County Government. man temporarily. Any member of the board may administer oatlis, when necessary in the perform- ance of his official duties. A majority of the mem- bers of the board shall constitute a quorum for the transaction of business, and no act of the board shall be valid or binding unless a majority of all the members concur therein. Sec. 19. The county clerk is ex officio clerk of the board of supervisors. The records and min- utes of the board must be signed by the chair- man and the clerk. CLERK OF THE BOARD. Sec. 20. The clerk of the board must: 1. Record all the proceedings of the board. 2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county. 3. Record the vote of each member on any ques- tion upon which there is a division, or at the re- quest of any member present. 4. Immediately after the adjournment of each meeting of the board, certify all demands allowed and orders made for the payment of money, giving the amount and date of each demand, or order, and the date of the allowance thereof, which de- mands, or orders, shall be countersigned by the chairman of the board, and thereafter said clerk shall deliver to and leave the same with the audi- tor. 5. File and preserve the reports of the county treasurer of the receipts and disbursements of the county. 0. Preserve and file a memorandum of all ac- counts acted upon by fhe board. 7. Preserve and file all petitions and applica- tions for franchises, and record the action of the board thereon. 8. Authenticate with his signature and seal of the board the proceedings of the board, whenever the same shall be ordered published. 9. Authenticate with his signature and the seal of the board, all ordinances passed by the board, and to record the same at length in the "Ordin- ance Book." County Goverument. 85 10. Record all orders levying taxes; and, 11. Perform all other duties required by laAv, or any rule or order of the board. Sec. 21. The board must cause to be kept: 1. A "Minute Booli," in which shall be entered the daily proceedings had at all regular and spe- cial meetings, and all orders and decisions made by them, except such as are required to be record- ed in the "Road," "Franchise," or "Ordinance" books. 2. An "Allowance Book," in which must be re- corded all orders for the allowance of money, from the county treasury, to whom made, and on what account, dating, numbering, and indexing the same through each year. 3. A "Road Book," containing all proceedings and adjudications relating to the establishment, maintenance, change, and discontinuance of roads and road districts. 4. A "J'ranchise Book," containing all fran- chises granted by them, and all proceedings had in relation thereto. 5. A "Warrant Book," to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number, and reference to the order on the minute boolv, with the date, amount, on what account, and name of payee. 6. An "Ordinance Book," in which must be en- tered all ordinances duly passed by the board. Sec. 22. The board of supervisors must, by or- dinance, provide for the holding of regular meet- ings of the board at the county seat. Sec. 23, A special meeting may be ordered by a majority of the board. The order must be sign- ed by tlie members calling such meeting, and must be entered in the minutes. Five days' notice of such meeting must be given by the clerk, personal- ly or by mail, to the members not joining in the order. The order must specify the business to be transacted at such special meeting, and none other shall be transacted. Sec. 24. All meetings of the board must be pub- lic, and the books, records, and accounts of the board must be kept at the office of the clerk, open at all times for public inspection. Gen. Laws— 8. SQ County Goverument. GENERAL PERMANENT POWERS OF BOARDS. See. 25. The boards of supervisors, in their re- spective counties, shall have jurisdiction and pow- er, under such limitations and restrictions as are prescribed by law: 1. To supervise the official conduct of all coun- ty officers, and officers of all districts and other subdivisions of the county charged with the as- sessing, collecting, safe-keeping, management, or disbursement of the public revenues; to see that they faithfully perform their duties, direct pros- ecutions for delinquencies, and, when necessary, require them to renew their official bonds, make reports and present their books and accounts for inspection. 2. To divide the counties into townships, elec- tion, school, road, supervisor, sanitary, and other districts required by law, change the same, and create others, as cohvenience requires. 3. To establish, abolish, and change election precincts, and to appoint inspectors and judges of election, canvass all election returns, declare the result, and order the county clerk to issue certifi- cates thereof; but no election precinct shall be es- tablished or abolished, or the boundaries of any precinct changed, within ninety days prior to any election. 4. To lay out, maintain, control, construct, re- pair, and manage public roads, turnpikes, ferries, wharves, chutes, and other shipping facilities and bridges within the county, unless otherwise pro- vided by law, and to grant franchises and licenses to collect tolls thereon; provided, where the cost of the construction of any bridge, whan, chute, or other shipping facilities that may be built under the provisions of this subdivision exceeds the sum of five hundred dollars, they must cause to be pre- pared and must adopt plans and specifications, strain sheets, and working details, and must ad- vertise for bids for the construction of such bridge, wharves, chutes, or other shipping facili- ties, unless otherwise provided by law, in accord- ance with the plans and specifications so adopted. County Government. 87 All bidders shall be afforded opportunity to ex- amine such plans and specifications, and said board shall award the contract to the lowest re- sponsible bidder, and the plans and specifications so adopted shall be attached to and become a part of the contract; and the person or corporation to whom the contract is awarded shall be required to execute a bond, to be approved by said board, for the faithful performance of such contract; pro- vided, that after the submission of the bids as herein provided, the board of supervisors being ad- vised by the county surveyor that the work can be done for a sum less than the lowest responsible bid, it shall then be their privilege to reject all bids and to order the work done or structure built by day's work, under the supervision and control of the said surveyor; provided further, that the surveyor in such cases shall be held personally re- sponsible, under his oflicial bond, to construct said bridge or structure, according to his plans and specifications, at a cost not to exceed the amount of the lowest responsible bid received; provided, that the road commissioners or road overseers in their respective districts shall em- ploy all labor required and direct the conduct of worlv of any kind upon any and all pulDlic roads; provided further, that in cases of great emer- gency, by the unanimous consent of the whole board, they may proceed at once to replace or re- pair any and all bridges and structures without notice. 5. To construct or lease, ofiicer and maintain,^ hospitals and poorhouses, or otherwise, in their discretion, provide for the care and maintenance of the indigent sick or dependent poor of the coun- ty; and for such purposes to levy the necessary property or poll taxes, or both. The board of su- pervisors shall appoint some suitable person to take care of and maintain such hospitals and poor- houses, and shall also appoint some suitable grad- uate or graduates in medicine to attend to such indigent sick or dependent poor, and to the pa- tients in such hospitals and poorhouses. The board shall not let the care, maintenance, or at- tendance of such indigent sick or dependent poor by contract to the lowest bidder. fi- To provide a farm, in connection with the 88 Couuty Government, county hospital, or poorliouse, and make regula- tions for working- the same. 7. To purchase, receive by donation, or lease any real or personal property or water rights nec- essary for use of the county, and to purchase or otlierwise acquire necessary real estate upon which to sink wells to obtain water for sprinklin.ir roads, and other county purposes, and to erect thereon tanlvs and reservoirs for the storage of water for such purposes, and to erect pumping ap- paratus for obtaining the same, to preserve, take care of. and manage and control the same; but no purchase of real property shall be made unless a notice of the intention of the board to make such purchase, describing the property to be pur- chased, the price to be paid therefor, from whom it is proposed to be purchased, and fixing the time Avhen the board will meet to consummate such purchase, has been published for at least three weeks in some newspaper of general circulation, published in the county; or if none be published in the county, then has been posted at least three weeks prior to the time when the board meets to consummate such purchase, in at least three pub- lic places in each supervisor district. 8. To cause to be erected or rebuilt, or furnish- ed, a courthouse, jail, hospital, and such other public buildings as may be necessaryj or to pro- vide suitable buildings for such purposes. None of the aforesaid buildings shall be erected or con- structed until the plans and specifications have been made therefor and adopted by the board. All such buildings must be erected by contract, let to the lowest responsible bidder, after notice by pub- lication in a newspaper of general circulation pub- lished in such county, for at least thirty days. In case there is no newspaper published in'^such coun- ty, then such notice shall be given by posting in three public places. 9. To sell at public auction, at the courthouse door, or at such other place within the county, as the board may, by a four-fifths vote, order, after thirty da5^s' notice, given either by publication in a newspaper published in the county, or by post- ing in five public places in the county, and convey to the highest bidder for cash, anv property be- longing to the county not required for public use, County Government. 89 paying the proceeds into the county treasury for the use of the county; provided, if in the unani- mous judgment of the board, the property does not exceed in value the sum of seventy-five dol- lars, or if it be the product of the county farm, the same may be sold at private sale without ad- vertising by any member of the board empower- ed for that purpose by a majority of the board. 10. To examine and audit, at least every twelve months, the accounts of all officers having the care, management, correction, or disbursement of moneys belonging to the county, or moneys re- ceived or disbursed by them under authority of law. 11. To examine, settle, and allow all accounts legally chargeable against the county, except sala- ries of officers, and stich demands as are author- ized by law to be allowed by some other person or tribunal, and order warrants to be drawn on the county treasurer therefor. 12. To levy taxes upon the taxable property of their respective counties for all county purposes, and also upon the taxable property of any district, for the construction and repair of roads and high- ways and other district purposes; provided, that no tax shall be levied upon any district until the proposition to levy the same has been submitted to the qualified electors of such district, and re- ceived a majoritj- of all the legal votes cast upon such proposition. 121/2. Whenever there shall be presented to the board of supervisors of any county a petition signed by the qualified electors of any township or townsliips in number equal to a majority of the votes cast at the preceding general election, pray- ing that said township or townships may be al- lowed to take the census of said township or town- ships for the purpose of ascertaining the popula- tion therein contained, the board of stipervisors shall order such census to be taken by one or more suitable persons appointed therefor by the board of supervisors, and such censtis shall be taken by such persons so appointed of all the inhabitants of such township or townships; the full name of each person shall be plainly written, the names al- phabetically arranged and regularly numbered in ojie complete series, and when completed shall be 90 County Government. verified before any officer authorized to adminis- ter oaths, and be filed witli tlie county clerk of the county wherein such census is taken, and thereupon the same shall be known and shall be the ofiicial census of said township or townships. The expenses of taking such census shall be a county charge. 13. Any county having an outstanding indebt- edness, evidenced by bonds or warrants thereof, may refund such indebtedness and issue bonds of the county therefor, and any county may incur or refund a bonded indebtedness for any purposes for which the board of supervisors are herein au- thorized to expend the funds of said county. Such indebtedness shall be refunded or incurred in the following manner, to-wit: The board of super- visors thereof shall by order specify the purpose for which the indebtedness is to be incurred, the amount of bonds which they propose to issue, the rate of interest, and the number of years, not ex- ceeding forty, the whole or any part of said bonds are to run, and shall further provide for submit- ting the question of the issue of said bonds to the qualified electors of the county at a special elec- tion to be called by the board for that purpose, and the words to appear upon the ballot shall be "Bonds— Yes," and "Bonds— No," or words of sim- ilar import. None but qualified voters of the county shall be permitted to vote thereat, and it shall be held as nearly as practicable in conform- ity with the general election law of the State. Notice shall be given of such election by publica- tion in one or more newspapers published in the county, once a week for at least four weeks, or daily for not less than thirty days, prior to said election. If there be no such newspaper, then by posting the same conspicuously in five public places in said county at least thirty days before said election. Such notice must contain the time and place or places of holding such election, the name of election officers to conduct the same, the amount and denomination of the bonds, the rate of interest to be paid, and the number of years, not exceeding forty, the whole or any part of such bonds are tol'un. If any election officers so named in such notice are not present at the opening of the polls, the electors present may appoint elec- County Government. 91 tiou officers to take the place of such election offi- cers so absent. If two-thirds of the electors of the county voting at such election shall vote in favor of issuing such bonds, the board must pro- ceed to issue the amount of bonds specified; pro- vided, that the total amount of bonded indebted- ness shall at no time exceed five per cent of the taxable property of the county, as shown by the last equalized assessment book thereof. This lim- itation shall not apply to bonds which may be is- sued to refund an indebtedness existing January first, eighteen hundred and eighty. The board of supervisors, by an order entered upon its minutes, shall prescribe the form of said bonds, and of the interest coupons attached thereto, and fix the time w^hen the whole or any part of the principal of said bonds shall be payable, which shall not be more than forty years from the date tnereof; and said board may also, at their option, by a provision in such bonds, make such principal payable on or before a specified date at the pleasure of the county. Said bonds may be issued in denomina- tions not to exceed one thousand dollars and not less than one hundred dollars; principal and inter- est payable in gold coin of the United States, eith- er at the treasury of said county, or at such place as such board may designate, or both at such treasury or such designated place, at the option of the bondholder. Interest on said bonds shall not exceed six per cent per annum, payable an- nually or semi-annually, as said board may desig- nate. Said bonds shall be signed by the chair- man of tlie board of supervisors, and attested by the auditor of said county, and have the seal of the board of supervisors attached, and said cou- pons shall be signed by said auditor by original or lithographed fac simile signature; and said bonds shall be sold in the manner prescribed by said board of supervisors, but for not less than par. The board of supervisors, before or at the time of incurring the indebtedness of any bonds issued un- der the provisions of this act, and annually there- after until all of said bonds are paid and cancel- ed, must levy a tax for that year upon the taxa- ble property of said county for the interest and redemption of said bonds, and such tax must not b^less than sufficient to pay the interest on said 92 Coimty Government. bonds for that year, and such portion of the prin- cipal, if any, as is to become dne during such year, and in any event must be sufficient to raise annually for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon; and during the balance of the term suffi- cient to pay such annual interest, and to provide annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and di- viding it by the number of years said bonds then have to run. And the board of supervisors, before or at the time of issuing said bonds by ordinance shall provide for the levy of an annual tax suffi- cient to effect the objects of this provision, and to provide for the payment of the interest on said bonds as it becomes due, and also sufficient to con- stitute a sinking fund to pay the principal of such indebtedness at or before maturity. Such tax when collected, shall be paid into the treasury of the county, and used solely to pay the interest and principal of said bonds as they respectively be- come due. The revenue derived from the sale of said bonds shall be applied to the purpose specified in the or- der of the board, and no other. Should there be any surplns. it shall be applied toward the pay- ment of said bonds. The board of supervisors of any county can contract a bonded indebtedness for county purposes only as herein provided. In issuing bonds under this act, the board of supervisors may, at its option, use the following form of bond and coupon: United States of America, No. . County of , $ . State of California. The county of , State of California, hereby acknowledges itself indebted and promises to pay the bearer hereof, on the first day of , one thousand (herein insert, if the board of su- pervisors elect to make the bond payable on a cer- tain date, or before that date, at the pleasure of the county, the words "or at any time before that date, at the pleasure of the county"), with interest thereon, in like gold coin, at the rate of per centum per annum payable at semi-annu- County Government. 93 ally (or annually) on the first day of and (or on the first day of , if interest paya- ble annually) on presentation and surrender of the interest coupon hereto attached. This bond is issued by the board of supervisors of the county of , State of California, in strict compliance with an act of the legislature entitled "An act to establish a uniform system of county and township governments," approved the day of , 189—, and in pursuance of an order of said board duly made on the day of , 18—, and with the assent of two-thirds of the qualified electors of said county, voting at an election legally called and duly held for that pur- pose on the day of , 18—. And it is hereby certified and recited that the bonded indebtedness of said county, including this bond, does not exceed five per cent of the taxa- ble property thereof, as shown by the last equal- ized assessment of said county, and that provision has been made for the collection of an annual tax sufficient to pay the interest on this indebted- ness as it falls due, and also sufficient to consti- tute a sinking fund for the payment of said in- debtedness at or before maturity. In witness whereof the said county, by its board of supervisors, has caused this bond to be signed by the chairman of said board, and attested by the auditor thereof, and the seal of the board of su- pervisors hereto attached this day of , one thousand . . Chairman Board of Supervisors. Attest: , County Auditor. And the interest coupon may be in the follow- ing form: "The county of , State of California, here- by promises to pay the holder hereof, on the day of , one thousand , at , in • $ United States gold coin, for interest on its county bond No. . "County Auditor." If the board of supervisors of any county which has issued bonds under the provisions of this act sTTSl fail to make the levy necessary to pay such 94 County Government. bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer and the payment thereof refused, the owner may file the bond, together with all un- paid coupons with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's otfice; and the state board of equalization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said county, a sufficient rate to realize the amount of principal or interest past due and to become due prior to the next levy, and the same shall be levied and collected as a part of the state tax and paid into the state treas- ury and passed to the special credit of such coun- ty as bond tax, and shall be paid by warrants, as the payments mature, to the holder of such^regis- tered obligations, as shown by the register m the office of the state controller, until the same shall be fully satisfied and discharged, any balance then remaining being passed to the general account and credit of said county. 14. To maintain, regulate, and govern public pounds, fix the limits within which animals shall not run at large, and appoint poundkeepers, who shall be paid out of the fines imposed and collect- ed from the owners of impounded animals, and from no other source. 15. To equalize assessments. 16. To direct and control the prosecution and defense of all suits to which the county is a party, and, by a two-thirds vote of all the members, may employ counsel to assist the district attorney in conducting the same. 17. To insure the county buildings and other property in the name of and for the benefit of the county. 18. To establish a salary fund, and such other county funds as they may deem necessary for the proper transaction of the business of the county, and to transfer moneys from one fund to another, as the public interest may require. 19. To fill, by appointment, all vacancies that may occur in any office filled by the appointment of the board of supervisors and elective county or township officers, except in those of judge of the superior court and supervisor, the appointee to County Government, 95 hold office for the unexpired term or until the next general election. 20. They may appoint in each county, a health officer, whose duty it shall be to enforce all or- ders and ordinances of the board of supervisors, pertaining to sanitary matters, and all orders, quarantine regulations, and rules prescribed by the state board of health, and all statutes relat- ing to vital statistics. He shall give to the duties of his office such time and attention as may be necessary to secure general supervision of all mat- ters pertaining to the health and sanitary condi- tion of the county. He shall be a graduate of a medical college of good standing and repute, and shall hold office for a term of one year, and re- ceive for his services a compensation not to exceed six hundred dollars per annum. The board of supervisors shall adopt orders and ordinances necessary for the preservation of the public health of the county, not in conflict with general laws, and provide for the payment of all expense incurred in enforcing the same. For any unincorporated town, when public neces- sity requires such action; the board of supervis- ors may appoint a special health officer, who shall, in such town, under the supervision of the county health officer, exercise all necessary diligence in executing the ordinances, rules, and regulations of the board of supervisors, or the state board of health, relating to health and sanitary matters. His term of office and compensation shall be fixed by the board of supervisors, and he shall receive as his compensation for services not to exceed one hundred dollars in any one year. 21. The board of supervisors of the several counties shall annually advertise, for at least ten days in a newspaper of general circulation in the county (if there be a newspaper published in the county, otherwise by posting notices in three pub- lic places), for sealed bids for furnishing the coun- ty with stationery, clothing, bedding, groceries, provisions, drugs, medicines, and all other sup- plies. All bids shall be on a schedule, showing all articles needed in the several offices and depart- ments prepared by the clerk of the board, shall state separately the price of each article to be fur- nished, and any person may bid upon any article separately. 96 County Government. In considering such bids, the board may accept or reject all or any of them, or may accept or re- ject a part of any such bid, preference being given, however, to the lowest responsible bidder. All supplies furnished the county, or any officer there- of, shall be furnished at a price no greater than is specified in the bid which may be accepted by the board. The board shall annually fix the price at which the county shall be supplied with job printing and blank books, from a schedule prepared by the clerk of the board, showing all blanks and blank books used in the several offices and departments, and also the price of all county advertising; and each county officer shall procure such blank books, job printiiQg, and advertising required for the proper discharge of his official duties, such printing and advertising to be done by such person or newspa- per as such county officer may designate, at a price no greater than is so fixed, and certify the bill therefor to the board of supervisors. A square of advertising shall be two hundred and thirty-four ems nonpareil. No supplies, print- ing, stationery, or books, shall be procured of any person or firm w^hose paper has not been publish- ed or whose place of business has not been estab- lished in the county for one year or more prior to the time for fixing said prices. 22. The board shall cause to be published a semi-annual statement of the financial condition of the county, showing, in detail the expenditures authorized during the preceding six months; and within ten days after each session of the board, a fair statement of all their proceedings. 23. To make and enforce such rules and regu- lations for the government of their body, the preservation of order, and the transaction of bus- iness, as may be necessary. 24. To adopt a, seal for the board, a description and impression of w^hich must be filed in the of- fice of the county clerk and of the secretary of state. 25. To license, for purposes of regulation and revenue, all and every kind of business not pro- hibited by law, and transacted and carried on in such county, and all shows, exhibitions, and law- ful games carried on therein; to fix the rates of li- cense tax upon the same, and to provide for the County Government. 97 collection of the same, by suit or otherwise; pro- vided, that every honorablj^ discharged soldier, sailor, or marine of the United States, who is un- able to obtain a livelihood by manual labor, shall have the right to hawli, peddle, and vend any goods, wares, or merchandise except spirituous, malt, vinous, or other intoxicating liquor, with- out payment of any license, tax, or fee what- soever, ' whether municipal, county, or state; and the board of supervisors shall issue to such sol- dier, sailor, or marine, without cost, a license therefor. The board may provide that any such license shall cease upon the non-payment of such tax, and any person, firm, or corporation trans- acting or carrying on such business, without such license whenever prescribed, is guilty of a misde- meanor. 26. To provide for the destruction of gophers, squirrels, other wild animals, noxious weeds, and insects injurious to fruit or fruit trees, or vines, or vegetable or plant life, 27. To provide for the prevention of injuries to sheep by dogs, and to tax dogs and direct the ap- plication of the tax. 28. To provide, by ordinances not in conflict with the general laws of the State, for the pro- tection of fish and game, and may shorten the season for the taking or l^illing of iish and game, within the dates fixed by the general state laws, but shall not lengthen the same. 29. To provide for the worlving of prisoners confined in the county jail, under judgment of con- viction of misdemeanor, under the direction of some responsible person, to be appointed by the sheriff, whose compensation shall not exceed one hundred dollars per month, upon the public grounds, roads, streets, alleys, highways, or pub- lic buildings, or in such other places as may be deemed advisable, for the benefit of the county. 30. To provide for the burying of the indigent dead. 31. To make and enforce, within the limits of their county all such local police, sanitary, and other regulations as are not in conflict with gen- eral Jaws. 32. To adopt such rules and regulations within th^ejr respective counties, with regard to keeping Gen. Laws— 9. ^98 County Government. and storing of every description of gunpowder, Hercules powder, giant powder, or other explo- sive or cumbustible material, as the safety and protection of the lives and property of individuals may require. 33. To appropriate from the general fund of the county, unless otherwise in this act provided, not to exceed, in counties of the first and second class, the sum of three thousand dollars, and in all oth- er counties the sum of two thousand dollars in any one year, to aid in or carry on the work of in- ducing immigration thereto, or for the purpose of exhibiting or advertising the agricultural, min- eral, manufacturing, or other resources of the county. 31. To enforce, by ordinance, within the limits of their counties, all such regulations concerning the size of wagons and vehicles of all kinds to be used on the roads or highways, and the width of tires on the same, as are not in conflict with gen- eral laws. 35. To grant licenses and franchises for con- structing, keeping, and taking tolls on roads, bridges, ferries, wharves, chutes, booms, and piers, and to grant franchises along and over the public roads and highways for all lawful pur- poses, upon such terms and conditions and re- strictions as in their judgment may be necessary and proper, and in such manner as to present the least possible obstruction and inconvenience to the traveling public. 36. To grant on such terms, conditions, and re- strictions as in their judgment may be necessary and proper, licenses and franchises for taking tolls on public roads or highways, whenever in their judgment the expense necessary to operate or maintain such public roads or liighways as free public highways is too gi'eat to justify the county in so operating or maintaining them. It shall always be a condition attached to the grant- ing of such licenses and franchises, that such roads or highways shall be kept in reasonable re- pair by the person or persons to whom such li- censes or franchises may be granted. 37. To enact ordinances, and regulations for the construction, alteration, repair, and control of all public roads and highways in the county, unless otherwise provided by law. County GoYernment, 99 38. To levy a special road fund tax. not to ex- ceed two (2f mills on the one dollar of assessed valuation, on all the property in such counties, outside of any incorporated city or town. Such tax shall be in addition to all taxes otherwise provided for. and the fund so created shall be expended for the construction and maintenance of the main public roads or county highways in the several road districts, in proportion to the amount collected from such districts. 39. To encourage under such regulations as they may adopt, the planting and preservation of shade and ornamental trees" on the public roads and highways, and on and about the public grounds and buildings of the county, and pay to persons planting and cultivating the same, for every living tree thus planted at the age of four years, a sum not exceeding one dollar. 40. To do and perform all other acts and things, required by law not in this act enumerated, or which may be necessary to the full discharge of the duties of the legislative authority of tlie coun- ty government. 41. To provide by ordinance for the organiza- tion and government of districts, to protect and preserve the banks of rivers and streams and lands lying contiguous thereto from injury by overflow or the washing thereof, and to provide for the improvements of said rivers and streams, and prevent the obstruction thereof, and to pro- vide for the assessment, levy, and collections within such districts of a tax therefor. Sec. 20. The enacting clause of all ordinances of the board shall be as follows: "The board of supervisors of the county of do ordain as follows:"' Every ordinance shall be signed by the chairman of the board and attested by the clerk. On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes, and all ordinances shall be entered at length in the "Ordinance Book." No ordin- ance passed by the board shall take effect within less Than tifteen days after its passage, and be- fore the expiration of the said fifteen days the same shall be published, with the names of the members voting for and against the same, for at Issfl^st one week, in some newspaper published in 100 County Government. the county, if there be one, and if there be none published in the county, then such ordinance shall be posted at the court-house door at least one week An order entered in the minutes of the board that such ordinance has been duly published or posted shall be prima facie proof of such publica- tion or posting. Sec. 27. The board of supervisors shall have power to direct the sheriff to attend, in person or by deputy, all the meetings of the board, to preserve order, serve notices, subpoenas, citations, or other process, as directed by the board. Sec. 28. Whenever the board of supervisors of any county shall deem it necessary or important to examine any person as a witness upon any sub- ject or matter within the jurisdiction of such board, or to examine any officer of the county in relation to the discharge of his official duties, as to the receipt or disposition by him of any moneys, or concerning the possession or disbursement by him of any property belonging to the county, or to use, inspect, or examine any books, account, voucher, or document in the possession of such officer or other person, or under his control, relat- ing to the affairs or interests of such county, the chairman of such board shall issue a subpoena, in proper form, commanding such person or officer to appear before such board, at a time and place therein specified, to be examined as a witness; and such subpoena may require such person or officer to produce on such examination all books, papers, and documents in his possession or under his control, relating to the affairs or interests of the county. Sec. 29. It shall be the duty of the sheriff of the county to whom the subpoena is delivered, to serve the same by reading it to the person named therein, and at the same time to deliver to him a copy thereof, and his official return thereon, of the time and place of such service, shall be prima facie evidence thereof. Sec. 30. Whenever the board of supervisors shall appoint any members of their body a committee upon any subject or matter of which the board has jurisdiction, and has conferred upon such committee power to send for persons and papers, the chairman of such committee shall pG««f'ss all County Government. 101 the powers and be liable to all the duties herein given to and imposed upon the chairman of the board of supervisors. Sec. 31. Whenever any person duly subpoenaed to appear and give evidence, or to produce any books and papers, as herein provided, shall neg- lect or refuse to appear, or to produce such books and papers, as required by such subpoena, or shall refuse to testify before such board or committee, or to answer any questions which a majority thereof shall decide to be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of the chairman of the board, or of the com- mittee, as the case may be, to report the fact to the judge of the superior court of the county, or of the city and county, who shall thereupon issue an attachment in the form usual in the court of which he shall be judge, directed to the sheriff of the county where such witness was required to appear and testify, commanding the said sheriff to attach such person, and forthwith bring him be- fore the judge by whose order such attachment was issued. Sec. 32. On the return of the attachment and the production of the body of the defendant, the said judge shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceed- ings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in case of a witness subpoenaed to appear and srive evidence on the trial of a civil cause before a superior court. Sec. 33. The witnesses summoned to testify on behalf of the county in matters of public concern before the board of supervisors are not entitled to have their fees prepaid; but the board must al- low them the reasonable expenses of their attend- ance. Sec. 34. The board must provide printed copies of the great register, poll lists, poll books, blank returns and certificates, proclamations of elec- tions, and other appropriate and necessary ap- pliances for holding all elections in the county, and allow reasonable charges therefor, and for tjie transmission and return of the same to the pr6i)er officers. 102 Couuty Government. Sec. 35. Whenever, as canvassers, the board of supervisors have declared the result of an election hold in the county, certificates must be, by the county clerk, issued to all persons elected to a county, township, or district office therein, and such other certificates must be made out and transmitted as required by law. Sec. 36. The board must not, for any purpose, contract debts or liabilities, in any manner or for any purpose, which exceed in any fiscal year the income and revenue provided for such year, ex- cept as permitted by the constitution. It shall be the duty of the auditor, at the commencement of each regular session of the board, to lay before it a statement prepared by him of the aggregate amount of allowance against each fund, and of salaries and liabilities fixed by law, paid or paya- ble therefrom since the beginning of the fiscal year, together w^ith a statement of receipts of each fund for that portion of the year already elapsed, and an exact estimate of the revenue for the re- mainder of the year apportioned to the different funds, based upon the receipts for the correspond- ing portion of the preceding year. Whenever the board shall have levied the state and county tax for the fiscal year, the auditor's estimates for the remainder of the year shall, as to receipts from property tax, be based upon the assessment roll and tax levy, deducting ten per cent for the anti- cipated delinquencies. The board shall have no power to make allowances against any funds which, with all allowances previously made, and salaries and liabilities fixed by law payable there- from, shall exceed the auditor's estimate of reve- nue for the year, or such proportion thereof as the time already elapsed shall bear to the entire yea^ Any allowance made contrary to the provisions of this section shall be null and void, and the audi- tor shall not draw his warrant therefor, nor the treasurer pay the same. When several allowances are made on the same day, they shall be deemed to have been made in the order in which they are entered in the "Allowance Book," and shall be cer- tified m that order by the auditor. Sec. 37. Whenever the board of supervisors snail adopt plans and specifications for the erec- tion, alteration, construction, or repair of any County Government. 108 public building, bridge, or other public stnic- ture, such plans and specifications shall not be altered or changed in any manner whereby the cost of such building, bridge, or structure shall be increased, except by a vote of two-thirds of their number. Sec. 38. Whenever the board of supervisors shall enter into a contract for the erection, con- struction, alteration, or repair of any public build- ing, bridge, or other structure, such contract shall not be altered or changed in any manner, un- less they shall, by a vote of two-thirds of their number, and with the consent of the contractor, first so order. And whenever any such change or alteration is so ordered, the particular change or alteration shall be specified, in writing, and the cost thereof agreed upon between the board and the contractor. In no case shall the board pay or become liable to pay for any extra work done on, or extra material furnished for, such building or structure. Sec. 39. No county officer shall, except for his own service, present any claim, account, or de- mand for allowance against the county, or in any way except in the discharge of his official duty ad- vocate the relief aslved in the claim or demand made by any other. Any person may appear be- fore the board and oppose the allowance of any claim or demand made against the county. Sec. 40. The board of supervisors must not hear or consider any claim in favor of any public officer, person, corporation, company, or associa- tion against the county, nor shall the board cred- it or allow any claim or bill agains.t the county or district fund, unless the same be itemized, giv- ing names, dates and particular services rendered, character of process served, upon whom, distance traveled, where and when, character of work done, number of days engaged, supplies or materials furnished, to whom, and quantity and price paid therefor, duly verified to be correct, and that the amount claimed is justly due, and is presented and filed with the clerk of the board within a year af- ter the last item of the account or claim accrued. If, in case of any claim which requires itemizing, the board do not hear or consider the same be- '•ftnse it is not itemized, they shall cause notice to 104 County Government. be given to the claimant or his attorney of that fact, and give time to have the claim itemized and reverifled. • Sec. 41. No account shall be passed upon by the board, unless made out as prescribed in this and the preceding section and filed with the clerli three days prior to the time of the meeting of the board at Avhich it is asked to be alloTred. Such demand shall be made out in form substan- tially as follows: Clerk's memoranda, No. . Fund. Demand of , dated , in sum of $ , for . AUoAved by the board of supervisors , 18—, in the sum of $ . Attest: , Clerk of Board. Demand of No.- Fund Demand on the State of Califor- treasury of the County of — nia, for the sum of dollars, being for Date. Items. Dollars. Cents. 1$. __i Expenditures authorized and approved by me State of California, County of . The undersigned being duly sworn, says: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due this claimant, and that the same is presented within one year after the last item thereof has accrued. of Subscribed and sworn to before me this day -, County Clerk. County Government. IjDS Allowed by Board of Supervisors, , 18—, in sum of $ , payable out of Fund. Attest: , Clerk of Board of Supervisors. Countersigned: , Chairman Board of Super- visors. Warrant No. . Allowed , 18—, for the sum of $ , payable out of Fund. , County Auditor. No. . Registered , 189 — , , County Treasurer. Said demand shall be approved before filing by the officer who directed such expenditure. If said demand be allowed by the board, the clerk of the board shall detach and file the memorandum, and shall indorse on such demand "allowed by the Board of Supervisors," together with the date of such alloAvance, the amount of such allowance and from what fund; shall attest the same with his signature, and, when countersigned by the chairman, shall transmit the same to the Auditor, who shall, in case he allows said demand, indorse upon it "allowed," together with the amount for which it is alloAved, from what fund, date and number of the warrant, and shall, in attestation thereof, affix his signature thereto and deliver the same to the claimant; and said demand, when so allowed and signed by the Auditor, shall con- stitute the warrant on the treasury, within the meaning of this act. Sec. 42, When the board find that any claim presented is not payable by the county, or is not a proper county charge, it must be rejected; and said rejection shall be plainly indorsed on said claim; if they find it to be a proper county charge, but greater in amount than is justly due, the board may allow the claim in part, and draw a warrant for the portion allowed, on the claim- ant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment, the claim may again be considered at the next regular session of the board, but not afterward. Sec. 43. If the board refuse, or neglect to allow or reject a claim or demand for ninety days, after th.e same has been filed with the clerk, such re- fusal or neglect may, at the option of the claim- 106 County Government. ant, be deemed equivalent to final action and re- jection on the ninetieth day, and a claimant dis- satislied ^vith the rejection of his claim or de- mand, or Avith the amount allowed him on his ac- count, may sue the county therefor at any time within six months after the final action of the board, but not afterward; and if, in such action, judgment is recovered for more than the board al- iowefl, on presentation of a certified copy of the judgment, the board must allow and pay the same, together with the costs adjudged; but if the more is recovered than the board allowed, the board must pay the claimant no more than was originally allowed. Sec. 44. Warrants drawn by order of the Su- pervisors on the county treasury for the current expenses during each year, must specify the lia- bility for which they are drawn, and when they accrued, and must be paid in the order of the pre- sentation to the treasurer. If the fund is insuflS- cient to pay any warrant, it must be registered, and thereafter paid in the order of registration. Sec. 4.5. No member of the board must be in- terested, directly or indirectly, in any property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board, or other person, on behalf of the county, for the erection of public buildings, the opening or im- provement of roads, or the building of bridges, or for any purpose, or act as a member of a com- mittee or board of reviewers. Sec. 46. Whenever an application is made to the board for an order, franchise or license relat- ing to any toll road, bridge, ferry, wharf, chute, pier or other subject over which the board has jurisdiction, in which a majority of the board are interested, the application, by order of the board, must be transferred to the superior court of the county. The clerk of the board must there- upon certify the application, and all orders and papers relating thereto, to said superior court, and thereafter the said superior court shall have full jurisdiction to hear and determine the appli- cation. Sec. 47. All public notices of proceedings of or to be had before the board, not otherwise County GoveruDieut. 107 specially provided for, must be posted at the courthouse door, and two other public places in the county. Sec. 48. The board must require the assessor to report to the state board of equalization, an- nually, a true statement of the agricultural and industrial pursuits and products of the county, with such other statistical information as they may direct. Sec. 49. All claims against the county, pre- sented by members of the board of supervisors for per diem and mileage, or other service ren- dered by them, must be itemized and verified as other claims, and must state that the service has been actually rendered, and before allowance such claims must be presented to the district at- torney, w^ho must indorse thereon, in writing, his opinion as to the legality thereof. If the district attorney declare the claim, or any part thereof, il- legal, he must state specifically wherein it is ille- gal, and the claim, or such part, must then be re- jected by said board. Sec. 50. The board must have prepared by the clerk, and when he is not also auditor, then by that officer, and under their direction, prior to their annual meeting for levying taxes, a state- ment showing: 1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof. 2. A concise description of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury and its several funds. Sec. 51. The board must receive from the United States, or other sources, lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges or other specific pur- poses, and may use the same therefor, and may provide for the sale of the same, and the applica- tion of the proceeds thereof. Sec. 52. The board may provide for widening, deepening, straightening, removing obstructions from and otherwise improving all streams and wellies within the county and also protecting the 108 County Government. banks and adjacent lands from overflow of such streams or washes, when the same are not de- clared by law to be, and in fact are not, navigable for commercial purposes, the overflow of which interferes with highways; and provide regula- tions for the use, repair, and control thereof; but no regulations of the board, nor improvements di- rected, must in any manner interfere with the private rights or privileges of riparian owners, miners or otliers. Whenever, in the opinion of the board of supervisors, the general fund is in- sutficient to defray the costs of the improvements provided for under this section, they may levy a tax or contract a bonded indebtedness therefor in the manner provided by this act. Sec. 53. Any supervisor who refuses or neg- lects to perform any duty imposed on him, with- out just cause therefor, or who willfully violates any law provided for his government as such offi- cer, or fraudulently or corruptly performs any duty imposed on him. or willfully, fraudulently or corruptly attempts to perform an act, as super- visor, unauthorized by law, in addition to the pen- alty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond, to any person injured thereby, for all damages sustained. Sec. 54. ]No person is eligible to a county, dis- trict or township office, who, at the time of his election, is not of the age of twenty-one years, a citizen of the state, and an elector of the county, district, or township in which the duties of the office are to be exercised; provided, that any woman who is of the age of twenty-one years, a citizen of the state, and a resident of the county or district, shall be eligible to the office of superin- tendent of public schools, school trustee or mem- ber of the county board of education; and pro- vided furtlier, that no person shall hereafter be eligible to the office of district attorney who has not been admitted to practice in the supreme court of the state of California. Sec. 55. The oflicers of a county are a sheriff, a county clerk, an auditor, a recorder, a license collector, a tax collector, who shall be ex-officio license collector, a district attornev, an assessor. County Government, 109 a treasurer, a superintendent of schools, a public administrator, a coroner, a surveyor, the members of the board of supervisors and such other offi- cers as may be provided by law. In counties where the board of supervisors by proper ordi- nance so elect, except as otherwise provided in this act, the duties of certain of the above-men- tioned officers are hereby consolidated as follows: sheriff and tax collector; auditor and recorder; county clerk, auditor and recorder; county clerli and recorder; county clerk and auditor; treasurer and tax collector; assessor and tax collector; pub- lic administrator and coroner. In counties where the duties of said officers have been, or may here- after be, consolidated in either manner above des- ignated, the board of supervisors thereof, by proper ordinance, may elect to separate the duties so consolidated, and reconsolidate them in any other manner above provided, or may separate said duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person, whenever, in their discre- tion, the public interest will be best subserved thereby. When offices are united and consoli- dated, the person elected to fill the offices so united and consolidated must take the oath and give the bond required for each, discharge all the duties pertaining to each, and receive the compen- sation of the ottices consolidated. Sec. 56. The officers of a township are two jus- tices of the peace, two constables and such sub- ordinate officers as are provided by law. In town- ships containing cities in which city justices or recorders are elected, there shall be but one jus- tice of the peace; except as hereinafter otherwise provided, and in townships having a population less than four thousand, there shall be but one justice of the peace and one constable. The board of supervisors of each county, as public conve- nience may require, shall divide their respective counties into townships for the purpose of elect- ing justices of the peace and constables. But the provisions of this section shall not affect any present incumbent of the office of justice of the peace or constable. Sec. 57. Whenever notice is required by law to Jtie published in a newspaper by any county or " Gen. Laws — 10. 110 Coimty Government. township officer, the person for whom the notice is to be given shall pay to such officer, if required, the fees for such publication, in advance. And failure to publish any notice required by law pertaining to the duties of his office, shall be a misdemeanor. Sec. 58. All elective county and township offi- cers, and city justices of the peace, except other- wise provided for in this act, shall be elected at the general election at which the Governor is elected, and shall talie office at twelve o'clock meridian on the first Monday after the first day of January next succeeding their election. All offi- cers elected under the provisions of this act shall hold office until their succ«.rssors are elected or ap- pointed and qualified. Supervisors shall be elected at the general election prior to expiration of the term of the incumbent. The supervisors of cnv county created after the first day of January, eighteen hundred and ninety-three, shall, within six months after the first general election suc- ceeding the creation of such county, classify themselves by lot into two classes, as nearly equal in number as possible, and the term of office of the class having the greater number shall expire in two years from such general election, and the term of office of the class having the lesser number shall terminate In four years from such general election. Sec. 59. Every county, township, or district ofiicer, except a supervisor or judicial officer, may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the county clerlv; and until such appointment is so made and tiled, and until such deputy shall have taken the oath of office, no one shall be or act as such deputy. Sec. 60. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes deputies. Sec. 61. All county officers must have their offices at the county seat, and the sheriff, clerk, recorder, auditor, treasurer and district attorney must keep their offices open for the transaction Coiint.v (Joveruiiieiit. Ill of business from nine o'clock a. m. until five o'clock p. m., non-judicial days excepted. Sec. 62. 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 duties, the liability tlierefor attaches to the official bond of such offi- cer, and to the principal and sureties thereon. Sec. 63. Every officer mentioned in section fifty-five, and his deputies, and every justice of tlie peace, may administer and certify oaths. Sec. 64. A county or township officer shall in no case absent himself from the state for a period of more than sixty days in any one year, and for no period without the consent of the board of supervisors of the county, except when on busi- ness for the state: provided, that in case of ill- ness or urgent necessity, the board of supervisors may, on a proper showing: of such illness or ur- gent necessity, extend the time herein limited, for the absence of any such officer, not to exceed six months. Sec. 65. Sheriffs, clerks and constables, and their deputies, are prohibited from practicing law, or acting as attorneys or counselors at law. in the counties where they reside and hold office, or from having as a partner a lawyer, or any one who acts as such, and no county officer, or his deputy, except district attorneys and treasurers, shall be eligible to the office of notary public, or perform the duties of the same. Sec. 66. The board of supervisors of each county shall, on or before the first Monday in September, preceding the election of the following officers, prescribe the amount in which said officers must execute official bonds: treasurer, county clerk, auditor, sheriff, tax collector, district attor- ney, recorder, assessor, surveyor, superintendent of schools, public administrator, coroner, justice of the peace and constable. The judge or judges of the superior court shall, on or before the said first Monday of September, prescribe the amount in Avhich each member of tlie board of supervisors must execute an official bond before entering upon the discharge of the duties of his office. The bonds and sureties of such officers must, before the bonds can be recorded and filed, be approved 112 County Governmeut. by the judge, or judges, if there be more than one of the superior court. All persons offered as sureties on official bonds may be exammed on oath touching their qualifications, and no person can be admitted as surety on any such bond un- less he is a resident and freeholder or householder within the state, and is worth in real and per- sonal property, or both, situate in this state, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt from execution and forced sale. All official bonds shall be recorded in the office of the countv recorder, and then filed and kept in the otRce of the county clerk. The official bond of the cmmtv clerk shall, after being recorded, be filed and kept in the office of the county treasurer. The tax collector shall also before qualifying give a bond as license collector in such sum as may be fixed by the board of supervisors, to be ap- proved as herein provided. COUNTY TREASURER. Sec. 67. 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 the account thereof as re- quired by law. 2. File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury. 8. Keep an account of the receipt and expendi- ture of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him; the amount, time when, to whom, and on what account all disbursements were made by him. 4. So keep his books that the amount received and paid out on account of separate funds or spe- cific appropriations are exhibited in separate and distinct accounts, and the whole receipts and ex- penditures shown in one general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for County Government. 113 the past year lias been made with the county auditor. 6. Disburse tlie county moneys only on county warrants, issued by the county auditor, except on- settlement with the state. 7. Disburse the moneys in the treasury on such warrants only when they are based on orders of the board of supervisors, or upon order of the su- perior court, or as otherwise provided by lavr. Sec. 68. He must receive no money into the treasury unless accompanied by the certificate of the auditor, provided for in section one hun- dred and eleven. Sec. 69. 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. Sec. 70. 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. Sec. 71. 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," with the date of presentation, and sign his name thereto, and from that time until paid the warrant bears five per cent, interest per annum. Sec. 72. When there are sufficient moneys In the treasury to pay the warrants draAving inter- est, the treasurer must give notice in some news- paper published in the county, or if none is pub- lished therein, then by written notice posted upon the courthouse door, stating therein that he is ready to pay such warrants. From the first pub- lication or posting of such notice, such warrants cease to draw interest. Sec. 73. In advertising warrants under the pro- visions of the preceding section in any newspaper, the treasurer must not publish the warrants in detail, but give notice only that county warrants presented for payment prior to such a date, stated in the notice, are payable. AYhen a part only of tlig^warrants presented for payment on the same 114 Comity Government. day are payable, the treasurer must designate such payable warrants in the advertisement. Sec. 74. AVarrants drawn on the treasury, and properly attested, are entitled to preference as to payment out of moneys in the treasury properly applicable to such warrants, according to the or- der in which they Avere presented. The time of presenting such Avarrants must be noted by the treasurer, and upon receipt of moneys into the treasury not appropriated, he must set apart the same, or so much thereof as is necessary for the payment of such warrants. Sec. 75. Should such warrants not be again presented for payment within sixty days from the time 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 payment of unpaid warrants next in order of registry. The board of supervisors may, on application and pre- sentation 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. Sec. 7G. When the treasurer pays any warrant upon which any interest is due, he must note on the warrant the amount of interest paid thereon and enter on his account the amount of such in- terest distinct from the principal. Sec. 77. 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 such settle- ment, he must make 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 settlements, 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 January, in the presence of the supervisors. Sec. 78. Each county treasurer must make a detailed report, at every regular meeting of the board of supervisors of his county, of all moneys County Government. 115 received by him, 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 dis- bursements, together with the debts due to and from the county, may distinctly appear. Sec. 79. If any county treasurer neglect or re- fuse to settle or report, as required in sections seventy-seven and seventy-eight, 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. Sec. 80. If the district attorney refuse or neg- lect 10 account for and pay over money received by him, as required by the fifth subdivision of section one hundred and thirty-two, he shall be liable for such refusal or neglect upon his official bond, and the county treasurer must bring an ac- tion 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. And no order of the board of supervisors shall be neces- sary to bring such action. His reasonable expen- ses, including attorney's fees, shall be a county charge. Sec. 81. The treasurer, upon receiving from the coroner, or justice of the peace acting as coroner, money found on a dead body, must place it to the credit of the county; on receiving other property in like manner, he must, within thirty days, sell it at public auction, upon reasonable public notice, and must, in lilie manner, place the pro- ceeds to the credit of the county. All said moneys must be kept in a separate fund. Sec. 82. 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 matter, or the same may be so paid at any time thereafter, upon the order of the board of super- visors. Sec. 83. The county treasurer must keep all moneys belonging to this state, or to any county of this state, in his own possession, until dis* 110 County Government. bursed according to law. He must not place the same in the possession of any person, to be used for any purpose; nor must he loan, or in any manner use, or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special de- posits for the safe keeping of the public moneys; but he shall be liable therefor on his official bond. Sec. 84. Whenever an action, based upon offi- cial misconduct, is commenced against any countv treasurer, the supervisors may, in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy, who shall qualify and give such bond as may be required by the board of super- visors. Sec. 85. In case of the death of any county treasurer, his legal representatives must deliver up to the person appointed to fill the vacancy oc- casioned by such death, all official moneys, books, accounts, JDapers and documents which are or may come into their possession. Sec. 80. 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. Sec. ST. The treasurer must permit the chair- man of the board of supervisors, district attorney and auditor to examine his books and count the money in the treasury, whenever they may wish to make an examination or counting. SHERIFF. Sec. 88. "Process," as used in this act, includes all writs, warrants, summons and orders of courts of justice, or judicial officers. "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board or officer, or when required by law to be served independently of such proceeding. Sec. 89. The sheriff must: 1. Preserve the peace. 2. Arrest and take before the nearest magistrate for examination all persons who attempt to com- mit, or who have committed, a public offense. 3. Prevent and suppress any affrays, breaches County Government. 117 of the peace, riots and insurrections wliich may come to his knowledge. 4. Attend all superior courts held within his county, and obey all lawful orders and directions of all courts held within his county. 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. Release on the record all attachments of real property, when the attachment placed in his hand has been released or discharged. 8. Indorse upon all process and notices the year, montli, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time when re- ceived. 9. Serve all process and notices in the manner prescribed by law. 10. Certify, under his hand, upon process or no- tices, the manner and time of service, or if he fails to make service, the reason of his failure, and return the same without delay. Sec. 90. When process or notices are return- able to another county, he may inclose such process or notice in an envelope, addressed to the officer from whom the same emanated, and de- posit it in the postoffice, prepaying postage. Sec. 91. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated. Sec. 92. If a sheriff does not return a process or notice in his possession, with the necessary in- dorsement thereon, without delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sustained by him. Sec. 93. If the sheriff to whom a writ of execu- tion is delivered neglects or refuses, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ, which is liable to be levied upon and sold, he is liable to the creditor for the value of such prop- erty. Sec. 94. If he neglects or refuses to pay over, 118 County Government. on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting all legal fees), the amount thereof, with twenty-five per cent, dam- ages, and interest at the rate of ten per cent, per month, from the time of demand, may be recov- ered bv such person. Sec. 95. A sheriff who suffers the escape of a person arrested in a civil action, without the con- sent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as follows : 1. When the arrest is upon an order to hold to bail, or upon a surrender in exoneration of bail before judgment, he is liable to the plaintiff as bail. 2. When the arrest is on an execution or com- mitment to enforce the payment of money, he is liable for the amouut expressed in the execution or commitment. 3. When the arrest is on an execution or com- mitment other than to enforce the payment of money, he is liable for the actual damages sus- tained. 4. Upon being sued for damages for an escape or rescue, he may introduce evidence in mitiga- tion and exculpation. Sec. 9(). He is liable for the rescue of a person arrested in a civil action, equally as for an es- cape. Sec. 97. An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested upon an execution or com- mitment, if, after his rescue or escape, and before the commencement of the action, the prisoner re- turns to the jail, or is retaken by the sheriff. Sec. 98. No direction or authority by a party or his attorney to a sheriff, in respect to the exe- cution of process or return thereof, or to any act or omission relating thereto, is available to' dis- charge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party, if he has no attorney. Sec. 99. When the sheriff is committed, uader an execution or commitment, for not paying over money received by him by virtue of his office, and Couuty Government. 119 remains committed for sixty days, his office is va- cant. Sec. 100. A slierift' or otlier ministerial officer is justified in tlie execution of, and must execute, all process and orders regular on their face, and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued. Sec. 101. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request, show the same, with all papers attached, to any person interested therein. Sec. 102. The sheriff in attendance upon court must act as the crier thereof, call the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the open- ing and adjournment of the court, and of any other matter under its direction. Sec. 103. Service of a paper, other than process, upon the sheriff inay be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours; or, if no such person be there, by leaving it in a conspicu- ous place in the office. When "any process re- mains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, said process shall be executed by his successor or successors in office; and when the sheriff sells real estate, under and by virtue of an execution or or- der of court, he or his successors in office shall execute and deliver to the purchaser or purchas- ers all such deeds and conveyances as are re- quired by law and necessary for the purpose, and such deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale. Sec. 104. When the sheriff is a party to an ac- tion or proceeding, the process and orders therein, which it would otherwise be the duty of the sherilT to execute, must be executed by the coroner of the county; provided, when any action is begun against the sheriff, all process and orders may be served by any person, a citizen of the United State over the age of eighteen years, in the man- ner provided in the Code of Civil Procedure. Sec. 105. Process or orders in an action or pro- 120 County Government, ceeding may be executed by a person residing in the county, designated by the court, or the judge thereof, and denominated an elisor, in the fol- lowing cases: 1. When the sheriff and coroner are both par- ties; 2. When either of these officers is a party, and the process is against the otiier; and 3. AYhen either of these offi'cers is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or tlie judge thereof, that both of these officers are disqualified, or by reason of any bias, preju- dice or other cause, would not act promptly or Im- partially. When process is delivered to an elisor, he must execute and return it in the same manner as the sheriff is required to execute similar process. Whenever process is executed, or any act per- formed by a coroner or elisor, in the cases pro- vided by law in that behalf, such coroner or elisor shall be entitled to receive a reasonable compen- sation, to be lixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the people, it shall be audited and paid as a county charge. Sec. 106. The sheriff must perform such other duties as are required by law. COUNTY CLERK. Sec. 107. The county clerk must: 1. Talie charge of and safely keep, or dispose of, according to law, all books, papers and records which may be filed or deposited in his office. 2. Act as clerk of the board of supervisors and as clerk of the superior court, and attend each session thereof, and upon the judge at chambers, when required. 3. Issue all process and notices required to be issued; enter a synopsis of all orders, judgments and decrees proper to be entered, unless the court shall order them to be entered at length; keep in the superior court a docket, in which must be County Government. 121 entered the title of each cans, with the date of its commencement; a memorandum of every sub- sequent proceeding therein, with date thereof, and a list of all the fees charged. 4. Keep for the superior court an index of all suits, labeled "General Index— Plaintiffs," each page of which must be divided into seven col- umns, under their respective heads, alphabeti- cally arranged, as follows: "Number of Suit," "Plaintiffs," "Defendants," "Date of Judgment," "Number of Judgment," "Page of Entry of Judg- ment of Judgment Book," "Page of Minute Book"; also an index, labeled "General Index- Defendants," each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Defendants," "Plaintiffs," "Date of Judg- ment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page in Order Book";" keep an index of the names of persons naturalized. Sec. 108. He must keep such other records and perform such other duties as are prescribed by laAV. COUNTY AUDITOR. Sec. 109. The auditor must issue warrants as provided in section forty-one, on the county treas- urer, in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county, which have been legally ex- amined, alloAved and ordered paid by tiie board of supervisors. The auditor must also issue war- rants on the county treasurer for all debts and de- mands against the county, when the amolints are fixed by law, or are authorized by law to be al- loTS'ed by some person or tribunal other than the board of supervisors. Sec. 110. All warrants must distinctly specify the liability for which they are drawn, and when it accrued. Sec. 11]. The auditor must examine and settle the accounts of all persons or oilicers indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and fil- lufg. of the treasurer's receipt therefor, give to Gen. LaAvs— 11. 122 County Government such persons a discharge, and charge the treas- urer with the amount received by him. Sec. 112. The auditor must keep accounts cur- rent with the treasurer, and wlien any person de- posits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt, and charge the treasurer with the amount thereof. Sec. 113. All warrants issued by the auditor during each year, commencing with the first Mon- day after the first day of January, must be num- bered consecutively, and the number, date and amount of each, and the name of the person to whom payable, and the purpose for which drawn, must be stated thereon; and they must, at the time they are issued, be registered by him, and after such warrants have remained uncalled for for two years they shall be canceled. Sec. 114. The auditor must, between the first and tenth day of each month, examine the books of the treasurer and see that the same have been correctly kept. Sec. 115. The chairman of the board of super- visors, district attorney and auditor, must, at least once in each month, count the money in the county treasury, and make and verify in dupli- cate, statements showing: 1. The amount of money that ought to be in the treasury. 2. The amount and kind of money actually therein. Sec. 116. They must file one of the statements in the oflEice of the county clerk, and the auditor must post and maintain the other in his office for at least one month thereafter. Sec. 117. The auditor and treasurer of each county must, on the first Monday in February, May, August and November, and at such other times as the board of supervisors may require, make a joint statement to the board of supervi- sors, showing the whole amount of collections (Stating particularly the source of each portion of the revenue) from all sources paid into the county treasury; the funds among which the same were distributed, and the amount to each; the total amount of warrants drawn and paid, and on what fund; the total amount of warrants drawn and County Government. 123 unpaid, tlie accounts or claims audited or allowed and unpaid, and the fund out of which they are to be paid; and, generally, make a full and spe- cific showing of the financial condition of the county. The auditor shall prepare and submit to the board of supervisors, each year, a statisti- cal report, showing in compendious form all finan- cial transactions of the county, yearly, exhibiting separately the receipts and expenditures by or on account of each otfice, board, commission, insti- tution, court and road district and school district, and classify the principal items of income and ex- penditure, according to a. plan to be approved by the board of supervisors, and the board of super- visors shall publish the same. Sec. 118. The auditor must discharge such other duties as are required by law. COUNTY RECORDER. Sec. 119. The recorder must procure such boolis for records as the business of his office re- quires, but orders for the same must first be ob- tained from the board of supervisors. The books used may contain printed forms of deeds, mort- gages or other instruments of general use. He has the custody of, and must keep all books, records, maps and papers deposited in his office. Sec. 120. He must, upon the payment of his fees for the same, record, separately, in large and well-bound separate books, in a fair hand: 1. Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of at- torney to convey real estate, and leases which have been acknowledged and approved. 2. Mortgages of personal property. 3. Certificates of marriage and marriage con- tracts. 4. Wills admitted to probate. 5. Official bonds. 6. Notice of mechanics' lien. 7. Transcripts of judgments, which by law are made liens upon real estate. 8. Notices of attachments upon real estate. 9. Notices of the pendency of an action affect- ing real estate, the title thereto, or the possession ti3Uars per annum, and one copyist, whose salary 148 Couuty Government. is h?rebv lixed at the snm of six hundred dollars per annum; the chief deputy, eight deputies, and one copyist herein provided for shall be appointed by the Clerk of said county, and their salaries shall be paid by said county in equal monthly in- stallments, at the same time and in the same man- ner and out of the same fund as is the salary of County Clerk. 2. The Sheriff, four thousand dollars per an- num; provided, that there shall be and hereby is allowed to the Sheriff one under-sheriff, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; one chief jailer, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one assistant jailer, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; and five deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each; the un- der-sheriff, chief jailer, assistant jailer, and five deputies herein provided for shall be appointed by the Sheriff" of said county, and their salaries shall be paid by said county, in equal monthly install- ments, at the same time and in the same manner and out of the same fund as the salary of the Sheriff; provided, that in counties of this class the Sheriff shall be allowed no compensation or prof- it for feeding prisoners in the county jail, but that he shall file, monthly, with the County Auditor, a verified statement, showing the names of per- sons and amounts paid to each for expense of feeding such prisoners, and the Sheriff shall there- upon pay over to the County Treasurer, for the use of the county, any difference between the amount allowed for such purpose by the Supervisors and the amount actually expended by him therefor. 3. The Recorder, four thousand dollars per an- num; provided, that there shall be and thereby is allowed to the Recorder one chief deputy, whose salary is hereby fixed at fifteen hundred dollars per annum; two deputies, whose salaries are here- by fixed at the sum of twelve hundred dollars per annum each, and one mortgage deputy, whose sal- ary is hereby fixed at twelve hundred dollars per annum; provided further, that the chief deputy, two deputies, and one mortgage deputy herein provided for shall be appointed by the Recorder of Count}' Goveriimeut. 149 said county, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same ^^lanner and out of the same fund as the salary of the Recorder; provided further, that in counties of this class the Recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office not exceeding six and one-half cents per folio for each paper or document so recorded; and provided further, that said Recorder shall file monthly, with the County Auditor, a verified statement, showing in detail the persons and the amounts paid to each for such recording. 4. The Auditor, three thousand dollars per an- num; provided, that in counties of this class there shall be and hereby is allowed to the Auditor one deputj', who shall be appointed by the Auditor of said county, and whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one clerk, whose salary is hereby fixed at the sum of nine hundred dollars per annum, and such addi- tional assistance as the Auditor may require, and ^vhose compensation shall not in the aggregate exceed the sum of five hundred dollars "per an num; and provided, that tlie Auditor shall file A\ith the County Clerk a verified statement, show- iiig in detail the amounts paid, and the persons to whom said compensation is paid, for such extra assistance as aforesaid. The salaries herein pro- vided for shall be paid by the said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the Auditor. 5. The Treasurer, three thousand dollars per an- num; provided, that in counties of this class there shall be and hereby is allowed to the Treasurer one deputy, who shall be appointed by the Treas- urer of said county, and whose salary is hereby fixed at the sum of twelve hundred dollars per an- num, which sum shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the Treasurer. 6. The Tax Collector, three thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the Taj Collector one chief deputy, whose salary is 150 County Governmeut. hereby tixed at the sum of fifteen hundred dollars per annum, and one deputy, whose salary Is here- by fixed at the sum of twelve hundred dollars per annum; provided further, that there shall be and there hereby is allowed to the Tax Collector one extra deputy for the month of April of each year, whose salary shall be one hundred dollars for such month, and three extra deputies for the month of July of each year, whose salaries shall be one hundred dollars each for such month, and five extra deputies for the month of August of each year. Avhose salaries shall be one hundred dollars each for such month, and six extra deputies for the month of September of each year, whose sal- aries shall be one hundred dollars each for such month, and seven extra deputies for the month of October of each year, whose salaries shall be one hundred dollars each for such month, and nine extra deputies for the month of November of each year, whose salaries shall be one hundred dollars each for such month; provided further, that the chief deputy, and all other deputies here- in provided for, shall be appointed by the Tax Collector of said county, and the salaries of said chief deputy and all other deputies herein pro- vided for shall be paid by said county, during the time which they shall hold ofiice, as herein pro- vided, at the same time and in the same manner and out of the same fund as the salary of the Tax Collector. 61/2- The License Collector shall receive fifteen per cent of all licenses collected by him. 7. The Assessor, four thousand dollars per an- num; provided, that in counties of this class there shall be and there hereby is allowed to the Asses- sor one chief deputy, whose salary is hereby fixed at eighteen hundred dollars per annum, one dep- uty, whose salary is hereby fixed at twelve hun- dred dollars per annum; and provided further, that there shall be and there hereby is allowed to the Assessor two poll tax or other deputies, whose salaries are hereby fixed at one hundred dollars per month each during the time which they shall hold office, as hereinafter provided; five dep- uties, whose salaries are hereby fixed at one hun- dred dollars per month each during the time which they shall hold office, as hereinafter provided ; four County Goverumeut. 151 ported by the official reporter there shall be taxed as costs in the case, ten dollars per diem for each day of the trial thereof. Such per diem fee shall County Goyernment. 159 be paid to the clerk of the court in advance by the party requesting the services of the reporter,*^ and where his services are requested by more than one party, then such fee shall be paid in equal propor- tions by each of said parties. All per diem fees so collected shall be paid by said clerk into the treas- ury of the county in which the case is tried. 17. All portions of this section referring to the salaries of the sheriff, county clerk, surveyor, and reporters, shall take effect and be in full force from and after the passage of this act. Sec. 163. In counties of the sixth class the coun- ty officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand dollars per annum; provided, that he shall appoint one chief deputy at a salary of twelve hundred dollars per annum, and two court-room deputies at a salary of nine hundred dollars per annum each; the sal- aries of said three deputies shall be paid by said county clerk out of said five Ihousand dollars com- pensation above named. 2. The sheriff, six thousand two hundred dol- lars per annum; provided, that he shall appoint one under sheriff at a salary of fifteen hundred dollars per annum, and three deputy sheriffs at a salary of nine hundred dollars per annum each. The salaries of said under sheriff and deputies shall be paid by said sheriff out of said sixty-two hundred dollars compensation above named. The sheriff shall also receive, as compensation for traveling, to be computed in all cases from the court-house, to serve any summons and complaint, or any other process by which an action or pro- ceeding is commenced, notice, rule, order, sub- poena, attachment on property, to levy an execu- tion, post notices of sale, to sell property under execution or other order of sale, to execute an or- der for the delivery of personal property, writ of possession or restitution, to hold inquest or trial of right of property, in executing writ of habeas corpus, or collecting taxes, in going only, twenty cents for each mile; provided, that if any two or more papers be required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most dis- 160 County Government. tant points to complete such service, which dis- tance shall, in all cases, be estimated by the near- est practicable route. 3. The recorder, three thousand nine hundred dollars per annum; provided, that the recorder shall appoint a chief deputy at a salary of one thousand two hundred dollars per annum, and two copyists at a salary of six hundred dollars per an- num each, which salary of chief deputy and of said two copyists shall be paid by said recorder out of said three thousand nine hundred dollars compensation above named. 4. The auditor, one thousand dollars per an- num. 5. The treasurer, two thousand dollars per an- num. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, four thousand two hundred dollars per annum; provided, that the assessor shall appoint eight deputy assessors at a salary of three hundred dollars per annum each, all of which deputies' salaries shall be paid by said as- sessor out of said four thousand two hundred dol- lars compensation above named. 8. The district attorney, two thousand four hun- dred dollars per annum, and one assistant district attorney at a salary of fifteen hundred dollars per annum, to be paid at the same time and in the same manner as county officers are paid; said as- sistant district attorney allowed in lieu of the assistant district attorney allowed by virtue of subdivision thirty-six of section twenty-five of an act entitled "An act to establish a uniform sys- tem of county and township governments," ap- proved March twenty-fourth, "eighteen hundred and ninety-three. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law, 11. The superintendent of schools, two thou- sand dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The surveyor shall receive one thousand five hundred dollars per annum for all worK performed by the county, and in addition thereto all neces- County Government. 161 sary and actual traveling expenses incurred in connection Tvitli field -work; provided, that when- ever the surveyor is directed by the board of su- pervisors to plat, trace, or otherwise prepare maps, plats, or block books, for use of the county asses- sor, he shall be allowed only the actual cost of preparing the same; provided, further, that all fees now or which may be hereafter allowed by law, shall be paid into the county treasury for the benefit of the county. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Supervisors, for all services required of them by law or by virtue of their office, must be allowed six dollars per day, and thirty cents per mile in traveling from their place of residence to the court-house; provided, that only one mileage must be allowed at each term; and provided fur- ther, that no supervisor must be allowed more than one day's pay for any one day, by reason of his being on the committees appointed by the board of supervisors, or for any other cause; pro- vided, that in no case shall the per diem of the su- pervisors exceed eight hundred dollars each in one year. 16. In counties of this class the official reporter of each department of the superior court shall re- ceive, as full compensation for taking notes in civil and criminal cases tried in said court, and for all preliminary examinations and other ser- vices rendered in court, a monthly salary of one hundred dollars, payable out of the county treas- ury at the same time and in the same manner as the salaries of county officers; and for transcrip- tion of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors, as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both par- ties, as the court may direct. 162 County Government. Sec. 104. In counties of tlie seventh class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerli, three thousand five hun- dred dollars per annum. 2. The sheriff, three thousand six hundred dol- lars per annum. The sheriff shall also receive, for his own use and benefit, the fees for mileage which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers whatsoever issued by any court of the state outside of his county; and shall also re- ceive his necessary expenses in all criminal cases. 3. The recorder, two thousand five hundred dol- lars per annum. 4. The auditor, one thousand dollars per an- num. 5. The treasurer, two thousand five hundred dollars per annum. 6. The tax collector, eight hundred dollars per annum, Avhich shall be in full for all services as tax collector and license collector. 7. The assessor, two thousand two hundred dollars per annum. 8. Tlie district attorney, three thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thou- sand dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the fol- lowing salaries for all services rendered by them in criminal cases payable monthly in the same manner as county officers are paid, viz. : In town- ships having a population of fourteen thousand or more, one hundred dollars per month; in town- ships having a population of not less than five thousand nor more than fourteen thousand, sixty- five dollars per month; in townships having a pop- ulation of not less than three thousand nor more than five thousand, fifty dollars per month; in Couuty Goverument. 163 townships liaving a population of not less than two thousand nor more than three thousand, forty dollars per month; in townships having a popula- tion of not less than fifteen hundred nor more than two thousand, thirty dollars per month; in all toAvnships having- a population of less than fif- teen hundred, fifteen dollars per month. Justices of the peace in counties of this clas« siiall miso re- ceive, for their own use and benefit, such fees as are now or may hereafter be allowed by law in civil cases. 14. Constables shall receive the following sala- ries for all services rendered by them in criminal cases, payable monthly, in the same manner as county otticers are paid, viz.: In townships hav- ing a population of fourteen thousand or more, one hundred dollars per month; in townships hav- ing a population of not. less than five thousand nor more than fourteen thousand, sixty-five dol- lars per month; in townships having a population of not less than three thousand nor more than five thousand fifty dollars per month; in townships having a population of not less than tw^o thousand nor more than three thousand, forty dollars per month; in townships havmg a population of not less than fifteen hundred nor more than two thou- sand, thirty dollars per month; in all townships having a population of less than fifteen hundred, fifteen dollars per month. Constables shall also receive for their own use and benefit such fees as are now or hereafter may be allowed by law, for mileage in criminal cases, and shall also receive sucii fees as are now or hereafter may be allowed by law in civil cases. 15. Each member of the board of supervisors, nine hundred dollars per annum, and their nec- essary expenses when attending to the business of the county, other than the meetings of the board, and fifteen cents a mile mileage in traveling to and from his residence to che county seat; pro- vided, that no more than one mileage at any one term of the board shall be allowed. 16. The county clerk shall have one chief dep- uty at a salary of one thousand two hundred dol- lars per annum, two court-room deputies at a sal- ary of nine hundred dollars per annum each; and deputies, or a deputy, for the purpose of register- 164 County Government. ing electors, and for other emergencies, to be paid not to exceed three dollars per diem each. The county recorder, one deputy at a salary of one thousand two hundred dollars per annum, and two deputies at a salary of nine hundred dollars per annum each. The treasurer, one deputy at a salary of one thousand live hundred dollars per annuin. The assessor, one office deputy at a sal- ary of one thousand two hundred dollars per an- num, and fifteen deputies to serve from the first Monday in March to the first Monday in July of each year, and shall each receive four dollars per day for each day they actually and necessarily attend to the duties of the office. The district at- torney, an assistant district attorney at a salary of fifteen hundred dollars per annum, and a dep- uty district attorney at a salary of nine hundred dollars per annum. The 'sheriff, an under sheriff, who shall receive a salary of one thousand five hundred dollars per annum; a clerk w^ho shall re- ceive a salary of nine hundred dollars per annum; a deputy sheriff, who sliall receive a salary of nine hundred dollars per annum; two bailiffs or court- room deputies, each of whom shall receive a sal- ary of nine hundred dollars per annum; two .iail- ers who shall receive a salary of nine hundred dollars per annum each. All the deputies, assist- ants, and clerks herein mentioned shall be paid at the times and in the manner tliat their principals are paid, from and after the approval of this act. 17. This act so far as it relates to constables and justices of the peace in counties of the sev- enth class shall take effect immediately. Sec. 165. In counties of the eighth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, seven thousand six hun- dred dollars per annum. 2. The sheriff, eight thousand dollars per an- num. 3. The recorder, the fees now allowed by law pertaining to said recorder's office; provided, that all books of record, printing, and stationery, shall be furnished and paid for by the recorder out of his fees. The style and quality of the same to be approved by the board of supervisors. County Government. 165 4. The auditor, five thousand five hundred dol- lars per annum. 5. The treasurer, three thousand dollars per an- num. 6. The tax collector, seven thousand dollars per annum, which shall include all fees and percent- age as license collector. 7. The assessor, four thousand dollars per an- num, and such fees as are allowed by law. 8. The district attorney, five thousand dollars per annum. 9. The superintendent of public schools, twen- ty-five hundred dollars per annum. He shall have one deputy at an annual salary of twelve hundred dollars. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The coroner, such fees as are now or may be hereafter allowed bj^ law. 12. The surveyor, two thousand dollars per an- num, which shall be in lieu of all fees and per diem now allowed by law. 13. Constables, such fees as are now or may be hereafter allowed by law; provided, however, that no constable shall be allowed in any one month out of the county treasury, more than seventy- five dollars in misdemeanor cases. 14. Justices of the peace, such fees as are now or may hereafter be allowed by law; provided, however, that no justice of the peace shall be al- lowed in any one month out of the county treas- ury, more than seventy-five dollars in misdemean- or cases. 15. Each member of the board of supervisors, five hundred dollars per annum, and fifteen cents per mile in going from his residence to the coun- ty seat at each meeting of the board. Also, four hundred dollars per annum each, and mileage now allowed by law for services as road commissioners. 16. In counties of this class the official report- ers of the superior court shall receive, as full com- pensation for taking notes in civil and criminal cases tried in said court, and on all lunacy and preliminary examinations and coroner's inquests, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at thg, sanae time and in the same manner as the sal- 166 County Governmeut. aries of county officers; and for transcription of said notes, when required, lie shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases and coroner's in- quests to be audited and allowed by the board of supervisors, as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Sec. 166. In counties of the ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, two thousand four hun- dred dollars per annum. He shall have one depu- ty at a salary of fifteen hundred dollars per an- num, one at a salary of twelve hundred dollars, three deputies each at a salary of nine hundred and sixty dollars, and one at a salary of seven hundred and twenty dollars per annum. 2. The sheriff, six thousand dollars per annum, and all fees for service of process issued without his county. He shall have an under sheriff whose annual salary shall be fifteen hundred dollars, two deputies whose annual salary shall be twelve hundred dollars each, and four deputies whose an- nual salary shall be nine hundred dollars each. 3. The recorder, two thousand dollars per an- num. He shall have one deputy whose salary shall be twelve hundred dollars per annum, and two deputies who shall each receive nine hnndre'l and sixty dollars per annum. He shall have such copyists as are necessary to perform the duties of the office, at a compensation not to exceed six cents per folio. 4. The auditor, two thousand dollars per an- num, and one clerk at a monthly salary of eighty dollars. The auditor shall also have one deputy, at an annual salary of twelve hundred dollars. 5. The treasurer, two thousand five hundred dollars per annum. He shall have a deputy at a salary of twelve hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. He shall have one deputy, who shall re- ceive twelve hundred dollars per annum, and County Government. 167 three deputies, each at an annual salary of nine hundred and sixty dollars. 7. The assessor, two thousand five hundred dol- lars per annum. He shall have one deputy at a salary of nine hundred and sixty dollars per an- num, and six deputies whose per diem shall be four dollars each, when actually employed be- tween the first Monday in March and the first Monday iu Juue. 8. The district attorney, three thousand dollars per annum. He shall have one deputy at a salary of eighteen hundred dollars, and one deputy at a salary of twelve hundred dollars, per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thou- sand dollars per annum. He shall have one dep- uty at an annual salary of twelve hundred dol- lars. The superintendent shall also be allowed ac- tual traveling expenses when visiting the schools of his county. 12. The surveyor, two thousand dollars per an- num, and his actual expenses when at work in the field. He shall have one deputy at a salary of seventy-five dollars per month. The salary here- in provided for surveyor shall not apply to the current term of oflice. 13. Justices of the peace, the fees allowed by law. 14. Constables, the fees allowed by law. 15. Each supervisor, six dollars per day when the board is necessarily in session, and twenty cents for each mile traveled by the ordinary route in going from his residence to the county seat, once during each meeting. When traveling by order of the board upon county business, each supervisor shall be allowed his actual itemized expenses. For all services as road commissioner each supervisor shall receive not to exceed five hundred dollars per annum, but for all services rendered by virtue of his oflSce, in- cluding mileage, no supervisor shall be allowed more than fifteen hundred dollars in any one year. 16. The official reporters of the superior court, ii*»«»Qiinties of this class, shall receive as full 168 County Government. compensation for taking notes, when lais ser- vices are demanded in civil cases, and in all criminal cases tried in said court, a monthly salary of one hundred and fifty dollars, payable out of the county treasury, in the same man- ner as salai"ies of county of&cers are paid. For transcription of said notes, when required, he shall receive ten cents per folio for the original, and five cents per folio for a copy. The com- pensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases or pro- ceedings, to be paid by the party ordering the same, or when ordered by the judge, by either party, or by both parties, as the court may direct. When the services of the reporter are demanded in any civil matter, the clerk shall collect, each day, in advance, five dollars from the party de- manding the same, and shall pay the same into the county treasury on the first Monday of each month. Sec. 167. Counties of the tenth class, the coun- ty officers shall receive, as compensation for the services required of them by law or by virtue of their ofiice, the following salaries, to wit: 1. The county clerk, four thousand three hun- dred dollars per annum, and the sum of five hun- dred dollars for making great register. 2. The sheriff, five thousand three hundred dol- lars per annum and all commissions, fees, and mileage, for the service of papers or process com- ing from courts other than those of his own county. 3. The recorder, fifteen hundred dollars per an- num; six cents per folio for recording. 4. The auditor, one thousand eight hundred dol- lars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, three thousand two hun- dred dollars per annum; provided, however, that in counties of this class, the tax collector shall re- ceive no fees or commissions for the collection of licenses. 7. The assessor, five thousand five hundred dol- lars per annum; provided, however, that the per- County Government. 16& centage received by the assessor on poll taxes and personal property taxes, and also amounts allow- ed for returning names of persons subject to mil- itary duty, and which, in counties of other classes, is allowed to the assessor as compensation, shall be paid by him into the county treasury, and no part thereof shall be received by him as compensa- tion. 8. The district attorney, three thousand dollars per annum; provided, that this salary shall in- clude the compensation of an assistant, or of depu- ties, if any. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools for full ser- vices, including attendance on the county board of education, one thousand five hundred dollars and actual traveling expenses. 12. The surveyor, one thousand five" hundred dollars per annum, and in addition thereto, all necessary expenses, and transportation on work performed in the field. 13. The justices of the peace, the following monthly salaries, to be paid each month as sala- ries of other county oflicers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of six thou- sand and over, one hundred dollars per month. In townships having a population of two thou- sand four hundred, and less than six thousand, seventy-five dollars per month. In townships having a population of two thou- sand and less than two thousand four hundred, sixty-five dollars per month. In townships having a population of one thou- sand five hundred, and less than two thousand, fifty-five dollars per month. In townships having a. population of one thou- sand, and less than one thousand five hundred, thirty dollars per month. In townships having a population of eight hun- dred, and less than one thousand, twenty dollars per month. Ill townships having a population of five hun- 170 County Government. dred, and less than eight hundred, fifteen dollars per month. In townships having a population less than five hundred, ten dollars per month. In addition to above salaries, each justice of the peace shall collect for his own use in civil cases such fees as are now or may hereafter be allow^ed by law. 14. Constables. The following monthly salaries to be paid each month as the salaries of county officers are paid, which shall be in full for all ser- vices rendered by them in criminal cases: In townships having a population of five thou- sand and more, one hundred dollars per month; in townships having a population of fifteen hun- dred and less than five thousand, sixty dollars per month; in townships having a population of one thousand and less than fifteen hundred, fifty dol- lars per month; in townships having a population of eight hundred and less than one thousand, thirty dollars per month; in townships having a population of five hundred and less than eight hundred, fifteen dollars per month; in townships having a population less than five hundred, ten dollars per month. In addition to the monthly sal- ary allowed herein, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all ser- vices performed by him in civil actions. The population of townships shall, for the pur- pose of this section, be determined by multiplying the vote for governor, cast in each township, at the next preceding election, by five. 15. The supervisors, each the sum of six hun- dred dollars per annum, and twenty cents per mile one way for attending session of the board; provided, that he shall not receive in any one year more than five hundred dollars for said mile- age. Each supervisor shall receive for his ser- vices as 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 receive in any one year more than five hundred dollars. 16. The official reporter of each department of the superior court shall receive, as full compensa- tion for taking notes in civil and criminal cases County Government. 171 tried in said courts, and when requested by a justice of the peace or coroner, in preliminary ex- aminations, or inquests, a salary of one thousand dollars per annum, payable in equal monthly in- stallments, out of the county treasury, at the same time and in the same manner as the salaries of other county officers; and for transcription of said notes, when required, they shall receive the sum of ten cents per folio for the original and five cents per folio for a copy, and also actual traveling expenses, when reporting outside of the county seat. Said compensation for transcribing in criminal cases, preliminary examinations, and inquests, and traveling expenses, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both par- ties, as the court may direct. 17. All portions of this section referring to the salaries of surveyor, justices of the peace, consta- bles, and mileage of supervisors, shall take effect and be in full force from and after the passage of this act. Sec. 1G8. In counties of the eleventh class the county and township officers shall receive, as com- pensation for the services required of them by law or by virtue of their office, the following sala- ries, to wit: 1. The county cleric, three thousand six hundred dollars per annum, and one deputy, at a salary of nine hundred dollars per annum. 2. The sheriff, five thousand dollars per annum. 3. The recorder, two thousand four hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees re- quired by law to be so collected; and provided, that when the amount of said fees collected shall amount to more than four hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one-half of all fees in excess of four hundred dollars in any month so collected. But the amount of fees thus received by the recorder for his own use, plus his sstlary, shall not exceed the sum of four thousand dollars in any one year. 172 County Government. 4. The auditor, one thousand two hundred dol- lars per annum. 5. The treasurer, two thousand dollars per an- num. 6. The tax collector, two thousand eight hun- dred dollars per annum. 7. The assessor, four thousand dollars per an- num. 8. The district attorney, two thousand dollars per annum; provided, that when authorized by four-fifths vote of the board of supervisors, the dis- trict attorney shall appoint an assistant district at- torney, which office is hereby created, who shall re- ceive as compensation for his services, fifteen hun- dred dollars per annum, to be paid out of the county treasury in equal monthly installments, in the same manner as other county officials are paid, except as otherwise herein provided. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thou- sand dollars per annum. 12. The surveyor, fifteen hundred dollars per annum, and necessary traveling expenses while in the performance of the duties of his office. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law. 15. Supervisors each the sum of six hundred dollars per annum, and actual mileage, not to ex- ceed in any one year the sum of one hundred dol- lars. Each supervisor shall receive for his ser- vices as road commissioner, twenty cents per mile one way, for all distances actually traveled by him in the performance of his duties: provided, tliat he shall not receive in any one year more than five hundred dollars. This act, as far as it relates to the compensation of supervisors as road commissioners, shall take effect immediately after the passage of this act. 16. In counties of the eleventh class the official reporter of the superior court shall receive for at- tending court, taking notes, and reporting cases tried therein, a salary of one hundred and eighty County Government. 173 dollars per month, payable at the same time and in the same manner as the salary of other county oflBcers, and for transcription of notes when re- quired he shall receive the sum of ten cents per folio for the original and five cents per folio for copies; the compensation for transcription in criminal cases to be audited and allowed by the board of supervisors, as other claims against the county, and paid out of the county treasury; and in civil cases or proceedings, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or by both parties, as the court may direct. This act, so far as it relates to the salaries of county and township officers in the counties of the eleventh class, shall take effect on the first day of January, eighteen hundred and ninety-nine. Provided, also, that this act, so far as it relates to the reporter of the superior court in counties of the eleventh class, shall take effect imme- diately. Sec. 169. In counties of the twelfth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to-wit: 1. The county clerk, three thousand dollars per annum, and when a great register of voters is or- dered he shall receive five hundred dollars addi- tional, which shall be in full for all services ren- dered in registering voters and making the great register. 2. The sheriff, four thousand five hundred dol- lars per annum, and the fees or commissions for the services of all papers, whatsoever issued by any court outside of his county. He shall appoint a jailer to take charge of the branch county jail, at a salary of six hundred dollars per annum, to be paid by the county. 8. The recorder twenty-two hundred and fifty dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum. .^. The assessor, three thousand dollars per an- nual. 174 County Government. 8. Tlie district attorney, two tliousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, five hundred dol- lars per annum. 11. The superintendent of schools, fifteen hun- dred dollars per annum, and his actual necessary traveling expenses while visiting schools. 12. The surveyor shall receive seven dollars per diem for each day actually employed in the per- formance of his duties as a county officer, and in addition thereto all necessary expenses, such as transportation and pay of help which may be necessary for the performance of county duties. 13. Justices of the peace, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of six thousand or more, one hundred dollars per month; in town- .ships having a population of two thousand four hundred and less than six thousand, seventy-five dollars; in townships having a population of two thousand and less than two thousand four hun- dred, sixty-five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in town- ships having a population of one thousand and less than one thousand five hundred, thirty dollars; in townships having a population of eight hundred and less than one thousand, twenty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population less than five hun- dred, ten dollars. Each .justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary al- lowed herein, each justice may receive for his own use such fees as are now or hereafter may be al- lowed by law for all services performed by him in civil actions. 14. Constables, the following salaries, which shall be paid monthly, as salaries of county offi- cers are paid, and which shall be in full for all service^ rendered by them in criminal cases, to wit: In townships having a population of two County Government. 175 thousand one hundred and more, one hundred dol- lars; in townships liaving a population of one thousand five hundred and less than two thou- sand one hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, tifty dollars; in townships having a population of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in town- ships having a population of less than five hun- dred, ten dollars. In addition to the monthly salary allowed herein, each constable may re- ceive and retain for his own use such fees as are now or hereafter may be allowed by law for all services performed by him in civil actions. For the purposes of this act the basis of calcula- tion for fixing the compensation of the justices and constables above mentioned, the population of the different townships of the county shall al- ways be based upon the figures as shown by the last United States census; provided, however, that whenever the census of any township or townships shall have been taken under the pro- visions of this act, said census may become the basis of calculation. 15. Each member of the board of supervisors, six hundred dollars for all services rendered, and including mileage; provided, that when required to go on business to any point outside of said county they shall be allowed actual necessary ex- penses. 16. The official court reporter, for all services required of him in the superior court, excepting for transcribing his notes, a salary of one thou- sand five hundred dollars per annum, to be paid by the county monthly as the salaries of county officers are paid. For transcribing his notes of testimony in the superior court when required, seven cents per folio for original and four cents per folio for copies, to be paid for when com- pleted, by the party in a civil action who directs the work to be done, but the same shall ultimate- ly be taxed as costs in the case. In criminal pro- ceedings in the superior court, when the judge orders the notes transcribed, the same shall be paid from the county treasury on the order of the 176 County Government. court. When the services of the reporter are de- manded in any civil matter the clerli shall collect, each day in advance, two dollars and fifty cents from each side of the controversy, and pay the' same into the county treasury. At the conclusion of the trial or proceeding in civil matters, such re- porter's fees shall be taxed as costs in the same manner that other costs are taxed in such cases. 17. Members of the county board of education shall receive ten cents per mile for traveling from his or her residence to the county seat; provided, that mileage be not allowed for more than two meetings in any one month. Sec. 170. In counties of the thirteenth clnss the county officers shall receive, as compensation for the services required of them by law or by vir- tue of their office, the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, six thousand five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him, at the rate of ten cents per mile for every mile necessarily traveled in the performance of such duty. 3. The recorder, one thousand six hundred fifty dollars per annum, and six cents per folio for every instrument of any character transcribed by him or his deputies, which said amounts shall be paid by the county treasurer out of the county treasury. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, two thousand dollars per an- num. 6. The tax collector, three thousand six hundred dollars per annum: provided, that as such tax col- lector, or as ex officio license collector, he shall not have or receive any compensation for, or per- centage upon, the collection of any license. 7. The assessor, three thousand six hundred dollars per annum. 8. The district attorney, three thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. County Government. 177 11. The superintendent of schools, one thou- sand eight hundred dollars per annum, and ac- I tual traveling expenses when visiting the schools j of his county. 12. The surveyor, such fees as are now or may j be hereafter allowed by law. ; 13. The justice of the peace, such fees as are I now or may hereafter be allowed by law; pro- i vided, that the fees and compensation of any jus- tice of the peace in criminal cases or proceedings to which the people of the state of California are or may be made a party shall not exceed nine hun- dred forty dollars for any one year. 14. Constables, such fees as are now or may be hereafter allowed by law; provided, that the fees and compensation of any constable in criminal cases or proceedings to which the people of the State of California are or may be made a party shall not exceed nine hundred dollars for any one year. 15. Each supervisor, one thousand dollars per annum, for all services performed by tlieiv. rrk. 2. 'Vho. slierilf, three tlious.'ind nine hundred . The treasurer, twelve hundred dollars per annum. 0. Th(» tax collector, fifteen hundred dollars per annum; i)rovided, lluit when tlu; duti(.'S of the •ollice of li'e.*isiu-er ;ind t;ix coll(>ctor ;ire consoli- e (ive f'K'ld dei)uty assessors, who shall be ai)i)()iided by the assessors of said county, and wlio sliall IioM ofliee froin twelve o'chxric merl- by fixed at the sum of one hundred dollars IMM- montii. to include horse hire and travelinji ex- penses for (»ach month dui'inj:: which they hold oMlc(; as herein [)rovided, whicli said salary shall be paid by said (M)unty at the same time and In the same mannc^r and out of the same rund as the salary of the assessor. County Covcriiuieiit. 11)9 8. The district nttornoy, lil'toou huiidrod dollars per {iiuiiiin. No usslslaiit district attorney shall be appointed in counties of the twenty-seventh class. 1). The coroner, such i'ces as are now or may bo licrcMCIcr nJlowcd by law. 10. The i)ul»lic administrator, such fees Jis are now or may be hcrearicr allowed by law. 11. The superintendent of schools, lilteen hun- dred dollars j)cr annum, and actual Iravcliui;- ex- penses wlicn visit int;- tlic scliools ol' the county. Ili. The surveyor, eij;lit dollars per day wiiile actually employed by the county. i;;. .lust ices of thi; peace, such fees as are now or may licrcaflcr be allowed bj^ law. II. Couslahles, sucli fees as are now or may lun-eafler be allowed by law. 15. Supervisors, four hundred dollars each per annum, and mil(>ajj:(» at th(^ rate of ten cents per mile in ;^oln^ to and conun^ from the ])lace of meeting of the board; jjrovided, that not more than four juilea^es in any oue month shall be al- lowed. 1(5. In counties of this class the oflicial reporter of the sujxMMor court sliall rec(Mve, as full (M)mi)en- salion for takinic n<>tes, when his s(M-vices are de- manded, in civil cases, and in all criminal cases and matl(M-s tricMl or heard in said court, and when re(iuesled by the district attorney, for pre- liudnary exandnations in Justice's court, ansts In the case seven dollars and fifty cents 200 Couuty Government. per diem for each day of the trial thereof. Such per diem fee shall be paid to the clerl-c of the court in advance by the party requesting the service of the reporter, and where his services are requested by more than one party, then such fees shall be paid in equal proportions by each of said parties. All per diem fees so collected shall be paid by said clerlv into the treasury of the county in which the case is tried. Sec. 185. In counties of the twenty-eighth class the county oihcers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twenty-four hundred dol- lars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, eighteen hundred dol- lars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be liereafter allowed by law. 11. The superintendent of schools, fifteen hun- dred dollars per annum, and his reasonable trav- eling expenses incurred in visiting schools of the county, to be fixed and allowed hj the board of supervisors, not to exceed the sum of five hun- dred dollars per annum; provided, he shall de- vote his entire time to the duties of said office. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hei-eafter allowed by law. 14. Constables, such fees as are now or mav be hereafter allowed by law. 15. Each member of the board of supervisors, five hundred dollars per annum, and mileage at County Government. 201 the rate of twenty cents per mile from his home to and from the county seat. 1(>. In counties of this class the official reporter of the superior court shall receive, as full compen- sation for taking notes in civil and criminal cases tried in said court, and for preliminary examina- tions in justices' courts, a monthly salary of Sf'venty-five dollars, payable out of the county treasury, at the same time and in the same man- ner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for a transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by tlie party ordering the same, or, w^hen ordered by the .iudge, by either party, or jointly by both parties, as the court may direct. Sec. 186. In counties of the twenty-ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, eighteen hundred dollars per annum. 2. The sheriff fifty-one hundred (5,100) dollars per annum, which includes the fifteen hundred dollars heretofore allowed the under sheriff. He shall also liave for his own use all fees for ser- vice of all papers served by him and issued with- out his county. The said fifty-one hundred dol- lars to be in full of all fees or percentages as li- cense collector. 3. The recorder, twenty-eight hundred dollars per annum, in full of all services, including filing or recording mining location notices. 4. The auditor, twelve hundred dollars per an- num. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twelve hundred dollars per an- nus*^ and he is hereby allowed in addition thereto five deputies, to be appointed by him, who shall 202 County Government. each receive five dollars per day for not exceeding three moutlas in any calendar year, while engaged in the performance of their duties. 8. The district attorney, eighteen hundred dol- lars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, and necessary ex- penses for traveling in visiting schools in the county, to be allowed by the supervisors of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law; provided, he shall be given all work for the county in which the county employs a surveyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. In counties of this class justices of the peace may, for their own use, collect the follow- ing fees, and no other: Each justice of the peace shall be allowed, in a civil action before him, for all services to be per- formed by him before trial, three dollars; and for the trial, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issue of exe- cution thereon, four dollars; and fifteen cents for each hour actually engaged in such trial after the expiration of eight hours; anrl in all cases where judgment is rendered by default or confession, for all services, including execution and satisfac- tion of judgment, three dollars. For all services in a criminal action or proceed- ing whether on examination or trial, four dollars. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage and returning a cer- County Government. 203 tificate thereof to the county recorder, three dol- lars. For taking an acknowledgment of any instru- ment, for the first name, fifty cents; for each ad- ditional name, twenty-five cents. For taking depositions, per folio, fifteen cents. For administering an oath and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmis- sion of the transcript and papers, shall receive three dollars; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order or paper re- quired by law to be issued, not otherwise pro- vided for, twenty-five cents. For administering oath or affitmation not other- wise herein provided for, twenty-five cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For taking and approving bond or undertaking, including the justification of sureties, fifty cents. 14. In counties of this class, constables shall re- ceive: For serving summons and complaint, for each defendant served, fifty cents. For each copy of summons for service, when made by him, twenty-five cents. For levying writ of attachment or execution or executing order of arrest or for the delivery of personal property, one dollar. For serving writ of attachment or execution on any ship, boat, or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than two dollars per day shall be allowed for a keeper when nec- essarily employed. For taking bond or undertaking, fifty cents. 204 County Government. For copies of writ and other papers, except sum- mons, complaint and subpoenas, per folio, ten cents; provided, that when correct copies are fur- nished him for use, no charge shall be made for such copies. For serving any writ, notice, or order, except summons, complaint or subpoenas, for each per- son served, fifty cents. For writing and posting each notice of sale of property, fifty cents. For furnishiug notice for publication, twenty- five cents. For serving subpoenas, each witness, including copy, twenty-five cents. For collecting money on execution, one and one half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering constable's deed, one dollar and fifty cents. P'or each mile actually traveled within his town- ship in the service of any writ, order or paper, ex- cept a warrant of arrest, in going only, per mile, twenty-five cents. For traveling outside of his township to serve such writ, order or paper, in going only, twenty- five cents; provided, that a constable shall not be required to travel outside of his township to serve any civil process, order or paper. No constructive mileage allowed. For conveying prisoners to county jail, travel- ing expenses. For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents. For each mile traveled out of his county, both going and returning from place of arrest, ten cents. For each day's attendance in court in civil and criminal cases, three dollars per day. For executing a search warrant, such fees and mileage as may be allowed for executing warrant of arrest. For arresting prisoner and bringing him into court, two dollars. For summoning a jury, two dollars, including m.ileage. County GoYernment. 205 For transporting prisoners to the county jail, the actual cost of such transportation. For commissions for receiving- and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for maliing or collecting the money on execution, shall be collected from the judg- ment debtor, by virtue of such execution, in the same manner as the sum herein directed to be paid. County officers must, and township officers may, demand the payment of all fees in civil cases in advance. In counties of this class justices of the peace and constables shall be entitled to collect and re- ceive the fees provided in this section, from and after the passage of this act. 15. Each member of the board of supervisors, five hundred dollars per annum and ten cents per mile in going from residence to the county seat. IG. In counties of this class the official reporter of the superior court shall receive, as full compen- sation for taking notes in civil and criminal cases tried in said court, and for preliminary examina- tions in justices' courts, a monthly salary of seventy-five dollars, payable out of the county treasury, at the same time and in the same man- ner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by" either party, or jointly by both parties, as the court may direct. Sec. 187. In counties of the thirtieth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand seven hun- dred dollars per annum. 2. The sheriff, four thousand dollars per an- num. Also, the following fees, to be audited and Gen. Laws— IS. 206 County Government. paid as other county charges: For serving war- rant of arrest, two dollars; for every mile neces- sarily traveled in executing any warrant of ar- rest, twenty-five cents per mile; for taking prison- ers to magistrate or to jail, the actual cost of transportation. 3. The recorder, two thousand five hundred dol- lars per annum. 4. The auditor, one thousand five hundred dol- lars per annum. 5. The treasurer, one thousand six hundred dol- lars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, three thousand two hundred dollars per annum. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thou- sand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county; provided, that such traveling expenses shall be allowed and paid as other county charges, and shall not exceed ten dollars per district for the districts actually visited in any calendar year. 12. The county surveyor shall receive one thou- sand eight hundred dollars per annum, and the necessary cost of transportation to and from, and necessary expenses while in the field when en- gaged on public worli. 13. Justices of the peace, fees as follows: In a civil action before him, for all services to be performed by him before trial, two dollars; and for the trial and all proceedings subsequent thereto, including all affidavits, swearing wit- nesses and jury, and the entry of judgment and issue of execution thereon, three dollars; and twenty-five cents for each hour after the first six hours actually engaged In such trial; and in all cases where judgment is rendered by default or confe55sion, for all services, including execution and satisfaction of judgment, two dollars. For copies of papers on docket, per folio, fifteen cents. County Government. 207 For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For certificate, and transmitting transcript and papers on appeal, two dollars. For celebrating a marriage and returning a cer- tificate thereof to the county recorder, three dol- lars. For taking an acknowledgment of any instru- ment, for the first name, fifty cents; for each ad- ditional name, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services in a criminal action or proceed- ing, whether on examination or trial, three dol- lars; and twenty-five cents for each hour after the first six hours actually engaged in the trial or hearing of such action or proceeding. For taking depositions, per folio, fifteen cents'. For administering an oath and certifying the same, twenty-five cents. For taking bail after commitment by another magistrate, fifty cents. For all service connected with the posting of estrays, one dollar. In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all service rendered, including the making up and transmis- sion of the transcript and papers, shall receive one dollar; and the justice before whom the trial shall take place shall receive the same fee as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to" act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ or order, or paper required by law to be issued not otherwise herein provided for, twenty-five cents. For administering oath or afiirmation not other- wise herein provided for, twenty-five cents. For each certificate or afii'davit not otherwise herein provided for, twenty-five cents. For taking and approving bonds or undertak- ing, included the justification of sureties, fifty cents; provided, that no justice of the peace, in C':^".Tities of this class, shall receive, in any one month, more than seventy-five dollars in misde- 208 County Government. meaner criminal eases; provided further, that each justice of the peace shall file with the county auditor on or before the first Monday in each month a statement of all fines collected by him the preceding month, and shall pay into the county treasury the amount due tlie county on ac- count of such fines. No claim of a justice of the peace shall be allowed by the board of super- visors for any month until such statement and payment are made. 14. Constables, fees as follows: For serving summons and complaint, for each defendant served, fifty cents. For each copy of summons for service, when made by him, twenty-five cents. For levying writ of attachment or execution, or executing order of arrest, or for the delivery of personal property, one dollar and fifty cents. For serving writ of attacliment or execution on any ship, boat, or vessel, three dollars. For Iveeping personal property, such sum as the court may order; but no more than two dollars per day shall be allowed for a lieeper, when necessa- rily employed. For taking bond or undertaking, fifty cents. For copies of writs or other papers, except sum- mons, comphiint, and sub])ocnas. per folio, fifteen cents; provided, that when correct copies are fur- nished him for use, five cents per folio may be charged by him. For serving any writ, notice, or order, except sum.mons, complaint, or subpoenas, for each per- son served, fifty cents. For advertising property for sale on execution, or under any judgment or order of sale, exclusive of the cost of publication, one dollar. For serving subpa:^nas, each witness, including copy, twenty-five cents. For collecting money on execution, one and one- half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering Constable's deed, two dollars. For each mile actually and necessarily traveled within his township in the service of any writ, order, or paper, except a warrant of arrest, in County Governmeiit. 209 going only, twenty cents per mile. No construc- tive mileage allowed. For eacii mile necessarily traveled within his county in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents, provided that in traveling in the per- formance of two or more official services at the same time, including the service of civil process or criminal warrants, or transportation of persons cliarged or convicted of a criminal offense, but one mileage shall be charged. For each mile necessarily traveled outside his county, in executing a warrant of arrest, both in going and returning from place of arrest, ten cents; provided, that for traA^eling in the perform- ance of two or more oflicial serA-ice at the same time, including the service of civil process or criminal warrants, or transportation of persons charged or convicted of a criminal offense, but one mileage shall be charged. For executing a search warrant, such fees and mileage as may be allowed for executing warrant of arrest. For arresting prisoner, except on a charge of va- grancy, and bringing him into court, two dollars. For arresting a person on a charge of vagrancy, and bringing him into court, twenty-five ('^-1^t<_ For summoning a jury, two dollars, including mileage. For transporting prisoners to the county .iail, the actual cost of transporting such prisoners, and mileage at fifteen cents per mile in going only; provided, that in traveling to the county jail with two or more prisoners, but one mileage shall be charged. For making sales of estrays in civil cases, the same fees as for sales on execution. For commissions for receiving and paying over money on execution or other process when lands or personal property have been levied on and sold, on the first thousand dollars, one and one- half per cent. On all sums above that amount, one per cent. For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per c^tlti The fees herein allowed for the lew of an 210 County Government. execution, and for advertising, and for making or collecting the monej^ on execution, shall be col- lected from the .iudgment debtor, by virtue of such execution, in the same manner as the sum therein directed to be made. For serving writ of possession or restitution, putting a person in possession of the premises, and removing the occupants, three dollars. For attending court, twenty-five cents for each hour in excess^ of ten hours actually engaged in attending the trial of tlie case or upon the ex- auiination of a criminal charge before a magis- trate. Provided, that in counties of this class no con- stable shall receive, in any one month, more than one hundred dollars for all services in misde- meanor criminal cases. 15. Each Supervisor, six dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat. For services as road commissioner, four dollars per day, not to exceed one hundred and fifty dollars per annum. l(i. In counties of this class the official reporter of the Superior Court shall receive, as full com- pensation for tailing notes in all civil and criminal causes and proceedings in said county, and for tali- ing notes of the proceedings and testimony at all Coroner's inquests in the county and for taking notes of the testimony and proceedings in all ex- aminations before committing magistrates, and for taking notes of the testimony and proceedings of cases and commissions for the examination of persons charged with being of unsound mind, a monthly salary of one hundred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county offi- cers; and for the transcription of said notes, when the transcription thereof is required, by law, or by order of the court, or by demand of any par- ty to the suit or proceeding, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in all criminal cases and Coro- ner's inquests and examinations of persons charg- ed with being of unsound mind to be audited and allowed by the Board of Supervisors, as other County Government. 211 claims against the county, and in civil cases and proceedings to be paid by the party ordering the same, or, when ordered hy the judge, by either party, or jointly by both parties, when and in such proportions as the court may direct. When necessary for such reporter to travel away from the county seat in the performance of his duty, he shall receive his actual and necessary traveling expenses, to be allowed and paid by the Board of Supervisors as are other county charges. Sec. 188. In counties of the thirty-first class the county officers shall receive, as compensation for the services required of them by law or by vir- tue of their office, the following salaries, to vnt: 1. The County Clerli, one thousand five hun- dred dollars per annum. 2. The Sheriff, three thousand five hundred dol- lars per annum, and a jailer at fifty dollars per month, to be paid out of the county treasury. 3. The Ilecorder, one thousand five hundred dollars per annum. 4. The Auditor, one thousand dollars per an- num. 5. The Treasurer, one thousand two hundred dollars per annum. (J. The Tax Collector, twelve hundred dollars per annum, and a deputy at four dollars per day ior not more than one hundred days in any one year, to be paid out of the county treasury; pro- vided, that no fees or compensation other than the compensation provided for in this section be allow- ed the Sheriff or Tax Collector for the collection of licenses in counties of this class. 7. The Assessor, two thousand dollars per an- num, and two deputies at a salary of five dollars per day for not more than one hundred days in any one year, to be paid out of the county treas- ury. • S. The District Attorney, one thousand four hundred dollars per annum, and twenty-five dol- lars for every conviction in any court, not ex- ceeding five hundred dollars in any one year. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- 212 County Government. sand dollars per annnm, and actual traveling ex- penses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law; provided, he shall be given all work for the county in which the county employs one surveyor or civil engineer. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each Supervisor, six hundred dollars and twenty cents per mile traveling to county seat, which shall be in full compensation for all ser- vices, both as Supervisor and Road Commission- er; provided, that in case the said Supervisors shall not serve as road commissioners, then the salary for Supervisor shall be four hundred dol- lars per annum. Sec. ISO. In counties of the thirty-second class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The County Clerk, one thousand five hun- dred dollars per annum. 2. The Sheriff, four thousand two hundred and fifty dollars per annum; provided, the Sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and provided further, that the Sheriff shall also receive, for his own use and benefit, the mile- age, fees, and commission for all service of all papers whatsoever issued by any court of the State outside of his county. 3. The Recorder, one thousand eight hundred dollars per annum. 4. The Auditor, one thousand dollars 4)er an- num. 5. The Treasurer, one thousand eight hundred dollars per annum. 6. The Tax Collector, five hundred dollars per annum; provided, as License Collector, he shall, in addition, be entitled to receive and retain for his own use and benefit, ten per centum on all licenses collected by him. 7. The Assessor, one thousand eight hundred County Government. 213 dollars per annum, and one deputy at not to ex- ceed Hve dollars per day, for not more than one hundred and twenty-five days in any year, to be paid out of the county treasury. 8. The District Attorney, one thousand eight hundred dollars per annum; provided, he may charge and receive for his own use necessary ex- penses for traveling on county and puoiic busi- ness, to be allowed as other county charges are al- lowed by law. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are noAv or may be hereafter allowed by law. 11. The Superintendent of Schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. And if the Board of Supervisors provide that he shall not engage in teaching, then he shall receive one thousand two hundred dollars per annum, and traveling expenses, not to exceed three hundred dollars per annum, which expenses are to be al- lowed and paid as a county charge. 12. The Surveyor, such fees as are now or may be hereafter allowed by law; provided, he shall be given all worl^ for the county in which the county employs one surveyor or civil engineer. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each Supervisor, four hundred dollars per annum, and ten cents per mile for traveling to and from his residence to the county seat at each session; and, nnless otherwise provided by law, when serving as road commissioner, three dollars per day. But he shall not in any one year receive more than three hundred dollars for services as such road commissioner. 16. In counties of this class the official reporter of tlie Superior Court shall receive for his services in taking notes in civil and criminal cases tried in said courts and in examinations for committal to the asylum for the insane, such fees as may be allowed by the court. The official reporter for spTvipes in taking notes in inquests before the Coroner and examinations before magistrates, 214 County Government. such fees as may be allowed by the Board of Su- pervisors. For transcription of notes, in either of the above cases, when required, the official re- porter shall receive not exceeding ten cents per folio for the original and not exceeding five cents per folio for a copy. Said compensation for tak- ing notes and transcribing the same in criminal cases and in cases in which the county may be a party, to be audited and allowed by the Board of Supervisors as other claims against the county, and paid out of the county treasury; and in civil eases to be paid by the party ordering the same, or, when ordered by the judge, by either party to an action or proceeding, when and in such pro- portion as the court may direct. Fees for tran- scription of notes in cases or proceedings in the Superior Court shall be fixed by the court, and for transcription of notes in inquests before the Corojier, or examinations before magistrates, shall be fixed by the Board of Supervisors. The provisions of this section shall talie effect immediately, except as to subdivision three there- of, which subdivision shall take effect on the first Monday after the first day of January, eighteen hundred and ninety-nine. Sec. 190. In counties of the thirty-third class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The County Clerk, two thousand dollars per annum. 2. The Sheriff, four thousand dollars per an- num, and all mileage for the service of papers is- sued out of any court outside of his county. 3. The Recorder, one thousand dollars per an- num. 4. The Auditor, five hundred dollars per an- num. 5. The Treasurer, one thousand five hundred dollars per annum. 6. The Tax Collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as License Collector. 7. The Assessor, four thousand dollars per an- num. 8. The District Attorney, one thousand five hundred dollars per annum. County GoYernment. 215 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, fifteen hun- dred dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the P'eace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by laAv. 15. Each member of the Board of Supervisors, four hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat. Sec. 191. In counties of the thirty-fourth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The County Clerk, two thousand seven hun- dred dollars per annum. 2. The Sheriff, five thousand dollars per annum and fees, commissions, and mileage for the ser- vice of papers or procesr coming from courts other than those of his own county. 3. The Recorder, one thousand six hundred dol- lars per annum; provided, that such Recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees requir- ed by law to be so collected; and provided, that when the amount of said fees collected shall ex- ceed two hundred and fifty dollars in any month, the Recorder may receive and retain for his own use, in addition to his salary, one-half of all fees in excess of two hundred and fifty dollars in any month so collected. But the amount of fees thus received by the Recorder for his own" use, plus his salary, 'shall not exceed the sum of two thou- sand two hundred dollars in any one year. 4. The Auditor, sixteen hundred dollars per an- num. 5. The Treasurer, one thousand six hundred dollars per annum. (3,., The Tax Collector, one thousand dollars per annum. 216 County Government. 7. The Assessor, two thousand eight hundred dollars per annum; provided, that the Assessor shall annually revise the plats of his office and prepare the military roll at his own cost and ex- pense. All portions of this section referring to the revision of the Assessor's plats and to prepar- ing the military roll shall talie effect from and after the passage of this Act. 8. The Distrfct Attorney, two thousand dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand two hundred dollars per annum, including services on the Board of Education. He shall be allowed his actual traveling expenses when visit- ing the schools of his county, which expenses shall not exceed the sum of five hundred dollars in any one year. In the event that said superin- tendent of schools shall appoint a deputy, or com- missioner of scliools, the same shall be at his own cost and expense. 12. The Surveyor, such fees as are now or may be hereafter allowed by law, 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Supervisors, each the sum of six hundred dollars per annum for all services performed by them as Supervisors, and members of the board of equalization and road commissioners, including mileage; provided, that each Supervisor shall re- ceive ten cents for each mile traveled by the or- dinary route, in going from his residence to the county seat and returning once during each meet- ing. Each Supervisor shall be allowed his actual expenses while supervising the roads of his dis- trict, not exceeding ten dollars in any one month. This Act, so far as it relates to the compensa- tion of Supervisors, and to their compensation as road commissioners in counties of the thirty- fourth class shall talie effect immediately after its passage. 16. The official reporter of the Superior Court Coiirity Government. 217 in counties of the thirty-fourth class, shall re- ceive as full compensation for taking notes when his services are demanded in civil cases, and in criminal cases tried in said court, and when re- quested by a Justice of the Peace, Coroner, or Dis- trict Attorney in preliminary examinations, or in- c[uests, a salary of one thousand five hundred dol- lars per annum, payable in equal monthly install- ments, out of the county treasury at the same time and in the same manner as the salaries of county officers. He shall also be allowed his ac- tual traveling expenses when reporting outside of the county seat. When the services of the reporter are demanded in any civil matter, there shall be taxed as costs in the case eight dollars per diem for each day of the trial thereof, to be paid to the clerk of the court in advance, one-half by each side; for tran- scription of said notes in criminal cases and in civil cases, when required, said reporter shall re- ceive not to exceed ten cents per folio of one hun- dred words for the original and five cents per folio for copy. Where the reporter is required to transcribe the whole or any part of the testi- mony during the taking of testimony in the Supe- rior Court, he shall be entitled to receive and re- tain for his own use, not to exceed fifteen cents per folio for the original, and seven and one-half cents per folio for each copy. Said compensation to be paid for, in civil cases, by the party order- ing the same, and in criminal cases, together with said traveling expenses, to be audited and allow- ed by the Board of Supervisors as other claims against the county, and paid out of the county treasury. Per diem fees so collected by the clerk shall be paid into the county treasury on the first Monday of each month. This act, so far as it relates to the service and compensation of said official reporter, shall take effect immediately after its passage. Sec. 192. In counties of the thirty-fifth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The County Clerk, three thousand dollars per annum. *1.- The Sheriff, four thousand five hundred dol- Gen. Laws— 19. 218 County Governmeut. lars per annum, and mileage at the rate of twen- ty-five cents per mile necessarily traveled, in go- ing only. 3. The Recorder, two thousand five hundred dollars per annum. 4. The Auditor, one thousand five hundred dol- lars per annum. 5. The Treasurer, one thousand five hundred dollars per annum. 6. The Tax Collector, two thousand dollars per annum. 7. The Assessor, four thousand dollars per an- num. 8. The District Attorney, one thousand eight hundred dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each Supervisor, six hundred dollars per an- num, and twenty cents per mile for traveling from his residence to the county seat; provided, that when a Supervisor is also road commissioner, he shall receive, in addition to the twenty cents per mile allowed to him by law as such road com- missioner, his actual traveling expenses, the total mileage and expenses not in any one year to ex- ceed the sum of three hundred dollars. Sec. 193. In counties of the thirty-sixth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, tb wit: 1. The County Clerk, twenty-two hundred dol- lars per annum. 2. The Sheriff, forty-five hundred dollars per annum. County Government. 219 3. The Recorder, eighteen hundred dollars per annum. 4. The Auditor, one thousand dollars per an- num. 5. The Treasurer, fifteen hundred dollars per annum. 6. The Tax Collector, one thousand dollars per annum, and five per cent on all licenses collected by him as License Collector. 7. The Assessor, two thousand dollars per an- num. 8. The District Attorney, eighteen hundred dol- lars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, fifteen hun- dred dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The Surveyor, "such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each Supervisor, six dollars per day when the board is in session, and mileage at the rate of ten cents per mile for traveling to and from his residence to the county seat once each session. For services as road commissioner, three dollars per day while engaged as such commissioner; pro- vided, however, the amount so allowed as such commissioner sliall not exceed three hundred dol- lars in any one year. Sec. 194. In counties of the thirty-seventh class tlie county officers shall receive, as compen- sation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The County Clerk, three thousand dollars per annum. 2. The Sheriff, four thousand dollars per an- num, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. S. The Recorder, one thousand five hundred dollars per annum. 220 County Government. 4. The Auditor, one thousand dollars per an- num. 5. The Treasurer, one thousand five hundred dollars per annum. 6. The Tax Collector, one thousand dollars per annum, which shall be in full for all services as Tax Collector and as License Collector. 7. The Assessor, two thousand five hundred dollars per annum. 8. The District Attorney, two thousand dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand two hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, the fees which now are or hereafter may be allowed by law. 14. Constables, the fees which now are or here- after may be alloAved by law. 15. Each member of the Board of Supervisors, five hundred dollars per annum, and his necessary expenses when attending to the business of the county other than the meetings of the board, and twenty cents per mile in going from his residence to the county seat at each meeting of the board; and when serving as road commissioner, three dollars per day, and twenty cents per mile one way, for all actual distances traveled by him in the performance of his duties as such commis- sioner, 16. In counties of this class the official reporter of the Superior Court shall receive, as full com- pensation for taking notes in civil and criminal cases tried in said court, and for preliminary ex- aminations in .Justices' Courts, a monthly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same man- ner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; said County Government. 221 compensation for transcription in criminal cases to be audited and allowed by the Board of Super- visors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may di- rect. Sec. 195. In counties of the thirty-eighth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The County Clerk, two thousand five hun- dred dollars per annum. 2. The Sheriff, four thousand five hundred dol- lars per annum. 3. The Recorder, one thousand six hundred dol- lars per annum. 4. The Auditor, one thousand dollars per an- num. 5. The Treasurer, one thousand eight hundred dollars per annum. 6. The Tax Collector, one thousand dollars per annum. 7. The Assessor, two thousand five hundred dollars per annum. 8. The District Attorney, one thousand eight hundred dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand six hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars per day for each day's actual at- tendance in court when ordered to be there by the Justice or Recorder; provided, that no Constable shall- receive more than three dollars for any on^e day's attendance on any court. 222 County Government. 15. Each Supervisor, five dollars per day when the board is in session, not exceeding five hun- dred dollars per annum, and ten cents per mile for traveling to and from his residence to the county seat at each session. IG. The compensation herein provided for Con- stables shall take effect immediately and affect incumbents. Sec. 196. In counties of the thirty-ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit; 1. The County Clerli, two thousand four hun- dred dollars per annum. 2. The Sheriff, four thousand dollars per an- num, and the fees or commissions for the service of ail papers issued by any court of the State out- side of his county. Also his actual traveling ex- penses in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. The Recorder, eighteen hundred dollars per annum. 4. The Auditor, one thousand eight hundred dollars per annum. 5. The Treasurer, one thousand six hundred dollars per annum. 6. The Tax Collector, one thousand two hun- dred dollars per annum. 7. The Assessor, three thousand dollars per an- num. 8. The District Attorney, two thousand dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The Surveyor, fifteen hundred dollars per annum, which shall be in full for all services re- quired of him by the Superior Court or the Board of Supervisors, and as ex officio County Record- er; provided, that he shall be entitled to receive County (Joverument. 223 from the county his actual and necessary travel- ing expenses, incurred in the performance of any order of the court or Board of Supervisors; for all other services, the fees allowed by law. 13. Justices of the Peace, such fees as are now or may hereafter be allowed by law; provided, that the fees for services rendered in criminal cases, and which are chargeable against the coun- ty, shall not exceed in the aggregate for any one month sixty dollars; provided, that this provision shall not affect their right to collect fees for ser- vices rendered as Coroner, when acting as such. 14. Constables, such fees as are now or may hereafter be allowed by law; provided, that the fees for services rendered in criminal cases, and which are chargeable against the county, shall not exceed in the aggregate for any one month sixty dollars; provided, also, that he shall be paid by the county his actual and necessary ex- penses incurred in conveying prisoners to the county jail; provided further, that he be allowed his actual and necessary expenses incurred in ex- ecuting any warrant outside of his county issued by a magistrate or justice of. his county, not to exceed in the aggregate a sum equal to ten cents per mile necessarily traveled outside of his coun- ty in the execution of such warrant. The items of expense herein provided w^hich may be allowed Constables shall not be charged to him in making up the maximum fees Avhich he may collect from the county in criminal proceedings. 15. Each Supervisor, six dollars per day, while attending sessions of the board, and while en- gaged in the performance of the duties of road commissioners, and mileage at the rate of twenty cents per mile, for traveling from residence to county seat in attendance upon a regular session of the board. 16. The official reporter, such fees as are now provided by law. IT. This act, so far as it relates to counties of the thirty-ninth class, shall take effect immedi- ately as to the offices of Surveyor, Justices of the Peace, and Constables, but shall not affect the compensation of other officers during their pres- ent term of office. H^ec. -197. In counties of the fortieth class the 224 County Government. county officers shall receive, as compensation for the services required of them by law or by vir- tue of their offices, the following salaries, to wit: 1. The County Clerli, twenty-four hundred dol- lars per annum. 2. The Sheriff, thirty-five hundred dollars per annum. 3. The Recorder, fifteen hundred dollars per annum. 4. The Auditor, one thousand dollars per an- num. 5. The Treasurer, twelve hundred dollars per annum. 6. The Tax Collector, one thousand dollars per annum, and ten per cent of all licenses collected by him. 7. The Assessor, twenty-six hundred dollars per annum. 8. The District Attorney, fourteen hundred dol- lars per annum. 9. The Coroner, five hundred dollars per an- num. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, nine hun- dred dollars per annum, and actual traveling ex- penses while visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law; provided, that Con- stables of townships containing three thousand inliabitants, or more, shall be allowed as addi- tional compensation a salary of thirty dollars per month, payable at the same time and in the same manner as the salaries of other county officers are paid. 15. Each member of the Board of Supervisors, seven dollars per diem when the board is in ses- sion, and twejity-five cents per mile for traveling to and from his residence to the county seat, but he shall not in any one year receive more than live hundred dollars as Supervisor. 16. In counties of this class the official reporter of the Superior Court shall receive, as full com- County Government. 225 pensation for taking notes in civil and criminal cases tried in said court, and for preliminary ex- aminations in Justices' Courts, a monthly salary of one hundred dollars, payable out of the coun- ty treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the Board of Supervisors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Sec. 198. In counties of the forty-first class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, tlie following salaries, to wit: 1. The County Clerli, two thousand two hun- dred dollars per annum. 2. The Sheriff, five thousand dollars per an- num, and fees, commissions, and mileage for the service of papers or process coming from courts other than those in his own county. 3. The Recorder, one thousand six hundred dollars per annum; provided, that such Recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees re- quired by law to be so collected; and provided, that when the amount of said fees collected shall exceed two hundred dollars in any month, the Recorder may receive and retain for his own use, in addition to his salary, one-half of all fees in excess of two hundred dollars in any month so collected. But the amount of fees thus received by the Recorder for his own use, plus his salary, shall not exceed the sum of two thousand dollars in any one year. 4. The Auditor, one thousand six hundred dol- lars per annum. 5. The Treasurer, one thousand six hundred dol- lars per annum. 6. The Tax Collector, one thousand dollars per annum. Tt' Tlie Assessor, two thousand six hundred dol- 226 County Government. lars per annum; provided, that the Assessor shall annually revise the plats in his oflSce, and prepare the military roll at his own cost and expense. All portions of this section referring to the re- vision of the Assessor's plats, and to preparing the military roll shall take effect from and after the passage of this act. 8. The District Attorney, one thousand eight hundred dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, one thou- sand four hundred dollars per annum, including services on the Board of Education. He shall be allowed his actual traveling expenses when vis- iting schools of his county, which expenses shall not exceed the sum of three hundred dollars in any one year. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Supervisors, each six nundred dollars per annum for all services performed by them as su- pervisors, and members of the board of equaliza- tion, and road commissioners, including mileage; provided, that each Supervisor shall receive ten cents for each mile, traveled by the ordinary route, in going from his residence to the county seat and returning once during each meeting. Each Supervisor shall be allowed his actual trav- eling expenses while supervising the roads of his district, not exceeding ten dollars in any one month. This act, so far as it relates to the com- pensation of Supervisors, and to their compensa- tion as road commissioners in counties of the for- ty-first class, shall take effect immediately after its passage. 16. The official reporter of the Superior Court in counties of the forty-first class shall receive, as full compensation for taking notes when his ser- vices are demanded in civil cases, and in all crim- inal cases tried in said court, and when requested County Government. 227 by a Justice of the Peace, Coroner, or District At- torney in preliminary examinations, or inquests, a salary of one thousand two hundred dollars per annum, payable in equal monthly installments out of the county treasury at the same time and in the same manner as the salaries of county offi- cers. He shall also be allowed his actual travel- ing expenses when reporting outside of the coun- ty seat. When the services of the reporter are demanded in any civil matter, there shall be tax- ed as costs in the case eight dollars per diem, for each day of the trial thereof, to be paid to the clerk of the court, in advance, one-half by each side; for transcription of said notes in crim- inal cases, and in civil cases, when required, said reporter shall receive not to exceed ten cents per folio of one hundred words for the original and five cents per folio for copy. Where the reporter is required to transcribe the whole or any part of the testimony during the taking of testimony in the Superior Court, he shall be entitled to receive and retain for his own use not to exceed fifteen cents per folio for the original and seven and one- half cents per folio for each copy, said compensa- tion to be paid for, in civil cases, by the party or- dering the same, and in criminal cases, together with said traveling expenses, to be audited and allowed by the Board of Supervisors as other claims against the county, and paid out of the <}ounty treasury. All per diem fees so collected t)y the clerk shall be paid into the county treas- ury on the first Monday of each month. This act, so far as it relates to the services and com- pensation of said official reporter, shall take ef- fect immediately after its passage. Sec. 199. In counties of the forty-second class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The County Clerk, one thousand six hun- dred dollars per annum. 2. The Sheriff, twenty-five hundred dollars per annum. The Sheriff shall also receive for his own use and benefit all fees, commissions, and mileage, in all civil cases within his county, and ^TF'fees, commissions, and mileage for service of 228 County Government. any papers issued by any court outside of his county. 3. The Recorder, nine hundred dollars per an- num. 4. The Auditor, five hundred dollars per an- num. 5. The Treasurer, one thousand dollars per annum. 6. The Tax Collector, five hundred dollars per annum. The Tax Collector shall be allowed one deputy for the months of November and April of each year, at a compensation of one hundred dol- lars per month. 7. The Assessor, two thousand dollars per an- num. 8. The District Attorney, one thousand five hundred dollars per annum. 9. The Coroner, such fees as are now or may hereafter be allowed by law. 10. The Public Administrator, such fees as now or may hereafter be allowed by law. 11. The Superintendent of Schools, one thousand five hundred dollars per annum, and he shall re- ceive no extra compensation for his services on the Board of Education. 12. The Surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the Peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law. In no case shall a Constable receive for service in vagrancy cases, for any one month, an amount in excess of the sum of forty dollars. 15. Supervisors, five dollars per day for each day while in the service of the county, and twen- ty cents per mile for traveling from residence to county seat. Sec. 200. In counties of the forty-third class the county officers shall receive, as compensation for the services required of them by law or by virtue of their ottice, the following salaries, to wit: 1. The County Clerk, six hundred dollars per annum, and such fees as are now or may be here- after allowed by law. 2. The Sheriff, thirty-five hundred dollars per County Government. 229 annum, and one jailer, at a salary of nine hun- dred dollars per annum. 3. The Recorder, six hundred dollars per an- num, and six cents per folio for every instrument of any character transcribed by him or any of his deputies, which said amounts shall be paid out of the county treasury. 4. The Auditor, seven hundred dollars per an- num. 5. The Treasurer, one thousand dollars per an- num. G. The Tax Collector, eight hundred dollars per annum. 7. The Assessor, twenty-two hundred dollars per annum. 8. The District Attorney, eighteen hundred dol- lars per annum. 9. The Coroner, such fees as are now or may hereafter be provided by law. 10. The Public Administrator, such fees as are now or may hereafter be allowed by law. 11. The Superintendent of Schools, fifteen hun- dred dollars per annum for all services performed as school superintendent and member of the board of education. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. The Justices of the Peace, such fees as are now or may hereafter be allowed by law; pro- vided, that the fees and compensation of any Jus- tice of the Peace in criminal cases or proceedings to which the people of the State of California are or may be made a party, shall not exceed nine hundred dollars for any one year. 14. Constables, such fees as are now or may be hereafter allowed by law; provided, that the fees and compensation of any Constable in criminal cases or proceedings to which the people of the State of California are or may be made a party shall not exceed nine hundred dollars for any one year. 15. Each Supervisor shall receive for compen- sation, five dollars per day for all services per- formed as Supervisor and member of the board of equalization, not to exceed the sum of four hundred dollars per annum; also three dollars per day for each day actually engaged in performing Gen. Laws— 20. 230 County Governnient. the duties of road commissioner, not to exceed three hundred dollars per annum. Sec. 201. In counties of the forty-fourth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The County Clerli, fifteen hundred dollars per annum. 2. The Sheriff, thirty-five hundred dollars per annum, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The Recorder, one thousand dollars per an- num. 4. The Auditor, five hundred dollars per an- num. 5. The Treasurer, one thousand dollars per an- num. 6. The Tax Collector, five hundred dollars per annum, which shall be in full for all services as Tax Collector and as License Collector. 7. The Assessor, eighteen hundred dollars per annum. 8. District Attorney fifteen hundred dollars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. The Superintendent of Schools, twelve hun- dred dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The Surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the Peace, the fees which now are or hereafter may be allowed by law. 14. Constables, the fees which now ai'e or here- after may be allowed by law. 15. Each member of the BoaTd of Supervisors, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat; and, when serving as road commissioner, three dollars per day and mileage as allowed by law. But he shall not in any one year receive more than three hundred and fifty dollars as Supervisor, or more than two County Governmeut. 231 hundred and fifty dollars as road commissioner, exclusive of mileage. 16. In counties of this class, the official reporter of the Superior Court shall receive, as full com- pensation for taking notes in civil and criminal cases tried in said court, and for preliminary ex- aminations in Justices' Courts, a monthly salary of fifty dollars, payable out of the county treas- ury at the same time and in the same manner as the salaries of county officers; and for transcrip- tion of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases, to be audited and allowed by the Board of Supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both par- ties, as the court may direct. Sec. 202. In counties of the forty-fifth class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The County Clerk, fifteen hundred dollars per annum. 2. The Sheriff, thirty-five hundred dollars per annum. 3. The Recorder, twelve hundred dollars per an- num. 4. The Auditor, twelve hundred dollars per annum. 5. The Treasurer, twelve hundred dollars per annum. 6. The Tax Collector, seven hundred dollars per annum; provided, there shall be no consolida- tion of this office with that of Treasurer or Sher- iff until after the next general election. 7. The Assessor, eighteen hundred dollars per annum. S. The District Attorney, fifteen hundred dol- lars per annum. 9. The Coroner, such fees as are now or may be hereafter allowed by law. 10. The Public Administrator, such fees as are now or may be hereafter allowed by law. 11. Tbe Superintendent of Schools, five hun- dred dollars per annum. 232 County Goverument. 12. The Surveyor, ten dollars per day when en- gaged in county work. He shall also receive his actual expenses when at work in the field. 13. Justices of the Peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the Board of Supervisors, six dollars per day, and twenty-five cents per mile in traveling- to and from their respective resi- dences to the county seat, all of which compensa- tion, in the aggregate, shall not exceed four hun- dred dollars each per annum. 16. In counties of this class the official reporter of the Superior Court shall receive, as full com- pensation for taking notes, in civil and criminal cases tried in said court, and for preliminary ex- aminations in Justices' Courts, a monthly salary of fifty dollars, payable out of the county treas- ury, at the same time and in the same manner as the salaries of county officers; and for transcrip- tion of said notes, when required, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; said compensa- tion for transcription in criminal cases to be au- dited and alloAved by the Board of Supervisors as other claims against the county and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when order- ed by the judge, by either party, or jointly by both parties, as the court may direct; provided, that in any one year, the reporter shall not re- ceive more than eighteen hundred dollars for ser- vices as such reporter. Sec. 203. In counties of the forty-sixth class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The County Clerk, thirteen hundred dollars per annum. 2. The Sheriff, twenty-four hundred dollars per annum, and the fees or commissions for the ser- vice of all papers issued by any court of the State outside of his county,^ ana his actual and necessary traveling expenses while executing a warrant outside of his county, issued by a magis- trate or court within his county. Conutj' Government. 233 0. Tlie recorder, thirteen liundred dollars per annum. 4. The auditor, seven hundred dollars per an- num. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, five hundred dollars per an- num. 7. The assessor, fifteen hundred dollars per an- num. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are nov^ or may be hereafter allowed by law. 10. The pul)lic administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eight hun- dred dollars per annum, and actual and necessary traveling expenses when visiting schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, four dollars a day when the board is in session, and ten cents a mile in going only, for traveling from his residence to tlie county seat; and when serving as road commissioner, three dollars a day and actual necessary expenses; provided, he shall not in any one year receive more than three hun- dred dollars as supervisor, exclusive of mileage, nor more -thap two hundred dollars as road com- missioner, exclusive of traveling expenses. 17. This act shall not affect any officer during his present term of office so far as it relates to the compensation or salary of such officers of coun- ties of the forty-sixth class. Sec. 204. In counties of the forty-seventh class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to- wit: 1. The county clerk, eighteen hundred dollars p«s«r^nnum. 234 County GovernmeDt. 2. The sheriff, three thousand dollars per an- num, and the fees or commissions for the service of all papers issued by any court of the state out- side of his county; also his actual and necessary traveling expenses in the execution of a warrant outside of his county issued by a court or magis- trate of his county. 3. The recorder, one thousand dollars per an- num. 4. The auditor, eight hundred dollars per an- num. 5. The treasurer, twelve hundred dollars per an- num. ' ! i>'«»;i| 6. The tax collector, one thousand dollars per annum. 7. The assessor, two thousand dollars per an- num. 8. The district attorney, sixteen hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, sixteen hun- dred dollars per annum, and actual traveling ex- penses while visiting schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that the fees for service rendered in criminal cases and which are chargeable against the coun- ty, shall not exceed in the aggregate in any one month sixty dollars; provided, this provision shall not affect their right to collect fees as coroner when acting as such. 14. Constables, such fees as are now or may hereafter be allowed by law; provided, that the fees for services rendered in criminal cases and which are chargeable against the county shall not exceed in the aggregate in any one month the sum of sixty dollars; provided also, that he shall be paid by the county his actual and necessary ex- penses incurred in conveying prisoners to the coun- ty jail; providing further, that he be allowed his actual and necessary expenses in- curred in executing any warrant outside County Government. 235 of his county issued by a magistrate or justice of liis county, not to exceed in tlie aggre- gate a sum equal to ten cents per mile necessarily traveled outside of liis county in the execution of such warrant. The items of expense herein pro- vided which may be allowed constables shall not be charged to him in malting up the maximum fees which he may collect in criminal proceedings. 15. Each supervisor, five dollars per day while attending session of the board and while engaged in the performance of the duties of road commis- sioner, and mileage at the rate of twenty cents per mile for traveling from residence to county seat in attendance upon a regular session of the board. 16. Official reporters, same as now provided by law. This act, so far as it relates to counties of the forty-seventh class, shall take effect immediately as to the offices of justices of the peace and con- stables, but shall not affect the compensation of other officers during the present term of office. Sec. 205. In counties of the forty-eighth class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to-wit: 1. The county clerk, one thousand three hun- dred dollars per annum. 2. The sheriff, two thousand five hundred dol- lars per annum, and twenty-five cents mileage, in going only. 3. The recorder four hundred dollars per an- num. 4. The auditor, three hundred dollars per an- num. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, three hundred and fifty dollars per annum. 7. The assessor, one thousand six hundred dol- lars per annum. 8. The district attorney, one thousand dollars per annum, and his necessary traveling expenses, to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10.. The public administrator, such fees as are now or may be hereafter allowed by law. 236 Couuty Government. 11. The superintendent of schools, six hundred and twenty-five dollars ijer annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveling to and from his residence to the county seat, at each session. But he shall not in any one year receive more than five hundred dol- lars as supervisor. IG. The reporters, whether official or appoint- ed for any particular case or proceeding, shall re- ceive for his own use such fees as may be allowed by the superior court, when reporting therein or transcribing therefor, and such fees as may be al- lowed by the supervisors for reporting in long- hand or shorthand at preliminary examinations or inquests. Such fees to be collected from the par- ties in the proportion ordered by the court in civil cases, and to be paid by the county in criminal cases and proceedings. 17. The license collector, such compensation as the board of supervisors shall fix. This act shall take effect immediately as to jus- tices of the peace, constables, and reporters. Sec. 206. In counties of the fortj^-ninth class the county ofiicers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to-wit: 1. Q'he county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand dollars per an- num. 3. The recorder, one thousand two hundred dol- lars per annum. 4. The auditor, three hundred dollars per an- num. 5. The treasurer, one thousand two hundred dollars per annum. 6. The tax collector, three hundred dollars per annum. { £ County Governmeut. 237 7. The assessor, one thousand five hundred dol- lars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his countj^ 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees a^ are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 1.5. Each supervisor,' eight dollax"^ t)er day when the board is in session, but he shall not in any one year receive more than three hundred dollars as supervisor. 16. The reporters, whether official or appointed for any particular case or proceeding, shall re- ceive for his own use such fees as may be allow- ed by the superior court, when reporting therein or transcribing tlierefor, and sucli feCvS as may be allowed by the board of supervisors for report- ing in longhand or shorthand at preliminary ex- aminations or inquests. Such fees to be collected from the parties in the proportion ordered by the court in civil cases, and to be paid by the county in criminal cases and proceedings. 17. The license collector, such compensation as the board of supervisors shall fix. This act shall talve effect immediately as to jus- tices of the peace, constables, and reporters. See. 207. In counties of the fiftieth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to-wit: 1. The county clerk, twelve hundred dollars per annum. 2. The sheriff, thirty-eight hundred dollars per annum. 3. The recorder, twelve hundred dollars per an- nuna. ^.^ The auditor, six hundred dollars per annum. 238 County Government. 5. The treasurer, twelve hundred dollars per an- num. 6. The tax collector, seven hundred dollars per annum. 7. The assessor, sixteen tiundred and fifty dol- lars per annum. 8. The district attorney, twelve hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses while visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, five dollars per day when the board is in session, and ten cents per mile for traveling to and from his residence to the county seat. Sec. 208. In counties of the fifty-first class the county officers shall receive, as compensation for the services required of them by law or by vir- tue of their offices, the following salaries, to-wit: 1. The county clerk, one thousand five hun- dred dollars per annum. 2. The sheriff, two thousand five hundred dol- lars per annum. 3. The recorder, eight hundred dollars per an- num. 4. The auditor, four hundred dollars per an- num. 5. The treasurer, eight hundred dollars per an- num. 6. The tax collector, one thousand dollars per annum. 7. The assessor, one thousand five hundred dol- lars per annum. 8. The district attorney, one thousand two hun- dred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. County Government. 239 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, seven hun- dred dollars per annum and actual traveling ex- penses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, two hundred and fifty dol- lars per annum, and twenty-five cents per mile for traveling, one way only, to the county seat at each sitting of the board. Sec. 209. In counties of the fifty-second class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to- wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand dollars per an- num. 3. The recorder, eight hundred dollars per an- num. 4. The auditor, two hundred dollars per an- num. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, five hundred dollars per an- num. 7. The assessor, one thousand five hundred dol- lars per annum. 8. The district attorney, one thousand two hun- dred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. fST" Justices of the peace, such fees as are now or may be hereafter allowed by law. 240 County Goverument. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, six dollars per day when the board is in session, not to exceed three hun- dred dollars per year, and twenty-five cents per mile for traveling from his residence to the coun- ty seat, in going- only. 16. The reporter, whether official or appointed for any particular case or proceeding, shall re- ceive for his own use such fees as may be allow- ed by the superior court, Avhen reporting therein or transcribing therefor, and such fees as may be allowed by the supervisors for reporting in long- hand or shorthand at preliminary examinations or inquests; such fees to be collected from the par- ties in the proportion ordered by the court in civil cases, and to be paid by the county in criminal cases or proceedings. 17. The license collector, such compensation as the board of supervisors shall fix. This act shall take effect immediately as to jus- tices of the peace, constables, and reporters. Sec. 210. In counties of the fifty-third class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to-wit: 1. The county clerlv, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per an- num. 3. The recorder, eight hundred dollars per an- num. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, one thousand dollars per annum. 7. The assessor, fifteen hundred dollars per an- num. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, seven hun- dred dollars per annum. County Government. 241 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, two hundred and fifty dollars per annum; mile- age from residence to county seat at each sitting of the board, twenty cents per mile. Sec. 211. In counties of the fifty-fourth class the county officers shall receive, as* compensation for the services required of them by law or by vir- tue of their offices, the following salaries, to-wit: 1. The county clerk, sixteen hundred dollars per annum. 2. The sheriff, four thousand dollars per an- num. 3. The recorder, eight hundred dollars per an- num. 4. The auditor, two hundred dollars per an- num. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twelve hundred dollars per an- num. "I 8. The district attorney, nine nundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law, 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six dollars per day when board is in session; thir- ty cents per mile one way. Three dollars per day when actually serving as road commissioner, not t(r%xceed three hundred dollars. Gen, Laws— 21. 242 County Government. IG. In counties of this class the official reporter of the superior court shall receive, as full compen- sation for tailing notes in civil and criminal cases tried in said court, and for preliminary examina- tions in justices' courts, a salary of ten dollars per diem during employment, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers, and for transcription of said notes, v^hen required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Sec. 212. In counties of the fifty-fifth class, the county officers shall receive, as compensation for the services required of them by law or by vir- tue of their offices, the following salaries, to-wit: 1. The county clerk, nine hundred dollars per annum. 2. The sheriff, twelve hundred dollars per an- num. 3. The recorder, six hundred dollars per an- num. 4. The auditor, three hundred dollars per an- num. 5. The treasurer, nine hundred dollars per an- num. 6. The tax collector, nine hundred dollars per annum. 7. The assessor, six hundred dollars per an- num. 8. The district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hun- dred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. County Government. 243 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, three hundred dollars per annum and twenty cents per mile in traveling from his residence to the county seat, going only; provided, that only one mileage shall be allowed for any regular ses- sion of the board. 16. In counties of this class the official reporter of the superior court shall receive, as full com- pensation for taking notes in civil and criminal cases tried in said court, and for preliminary ex- aminations in justices' courts and at coroners' in- quests, a monthly salary not to exceed fifty dol- lars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for tran- scription in criminal cases to be audited and al- lowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Sec. 213. In counties of the fifty-sixth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the- following salaries, to- wit: 1. The county clerk, twelve hundred dollars per annum. 2. The sheriff, twenty-six hundred dollars per annum. 3. The recorder, six hundred dollars per an- num. 4. The auditor, two hundred dollars per an- num. 5. The treasurer, one thousand dollars per an- num. 6. The tax collector, five hundred dollars per annum. 7. The assessor, twelve hundred dollars per an- 8." The district attorney, nine hundred dollars per annum. 244 County Government. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six dollars per day during session, and thirty cents per mile one way to board meeting; three dollars per day (no mileage) as road commissioner when actually engaged in road business. 1(5. In counties of this class the official reporter of the superior court shall receive, as full compen- sation for taking notes in civil and criminal cases tried in said court, and for preliminary examina- tions in justices' courts, a per diem of eight dol- lars, and for transcription of said notes, when re- quired during the progress of the trial, he shall receive the sum of twenty cents per folio for the original and live cents per folio for one copy; but if such transcription is not required until after conclusion of trial, then he shall receive the sum of ten cents per folio for original, and three cents per folio for copies required, said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both par- ties, as the court may direct. Sec. 214. In counties of the fifty-seventh class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following ' salariies, to- wit: 1. The county clerk, five hundred dollars per annum. 2. The sheriff, five hundred dollars per annum. 3. The recorder, three hundred dollars per an- num. County Government. 245 4. The auditor, two hundred dollars per an- num. 5. The treasurer, three hundred dollars per an- num. 6. The tax collector, three hundred dollars per annum. 7. The assessor, three hundred dollars per an- num. 8. The district attorney, three hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one hun- dred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat, going only, and only one mileage shall be al- lowed for any regular session of the board; and, when serving as road commissioner, three dollars per day. Such per diem not to exceed the total sum of fifty dollars per annum. Provided, however, that five per cent only shall be allowed the slieriff or tax collector as fees for collecting licenses in counties of this class. Sec. 215. The salaries and fees provided in this act shall be in full compensation for all services of every liind and description rendered by the offi- cers herein named, either as oflicers or ex officio officers, their deputies and assistants, unless in this act otherwise provided, and all deputies em- ployed shall be paid by their principals out of the salaries hereinbefore provided, unless in this act otherwise provided; provided, and except that wliere an assistant district attorney has been here- tofore appointed in any county, either under the provisions of subdivision thirty-six of section twenty-five, or under any other provisions of an act entitled "An act to establish a uniform system 246 County Government. of county and township government," approved March twenty-fourth, eighteen hundred and nine- ty-three, and such assistant is continued by the provisions of this act, either as an assistant or deputy in such county, then such deputy or assist- ant shall be paid out of the funds of such county, as heretofore or herein provided, the assessor shall be entitled to receive and retain for his own use six per cent on personal property tax collected by him as authorized by section thirty-eight hundred and twenty of the Political Code, and fifteen per cent of all amounts collected by him for poll taxes, and road poll taxes, and also five dollars per hun- dred names of persons returned by him as subject to military duty, as provided in section nineteen hundred and one of the Political Code, and the li- cense collector shall be entitled to receive and re- tain for his own use ten per cent on all licenses collected by him, except where otherwise provided in this act; provided, however, that in counties, and cities and counties of the first, second, and third class the assessor shall receive no commis- sion for the collection of taxes on personal prop- erty, nor shall such assessor receive any compen- sation for mailing out military roll of persons re- turned by him as subject to military duty as pro- vided by section nineteen hundred and one of the Political Code; nor shall the license collector in cities and counties of the first class and counties of the second class receive any commission on licenses collected by him; provided, that in any county where the number of judges of the supe- rior court shall have been increased since the first day of January, eighteen hundred and ninety- seven, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one ad- ditional deputy, to be appointed by the sheriff, at a salary of not exceeding twelve hundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid; and also there must be and is hereby allowed to the county clerk of such county, one additional deputy, to act as court-room clerk, for each judge so appointed or elected, at a salary not exceeding twelve hundred dollars per annum for each of said deputies, to be paid at the same time and in County Government. 247 the same manner as other county officers are paid. The board of supervisors shall allow to the sheriff his necessary expenses for pursuing criminals, or transacting- any criminal business without the boundaries of his county, and for boarding prison- ers in the county jail; provided, that the board of supervisors shall lix a reasonable price at which such prisoners* shall be boarded, if not otherwise provided for in this act; provided further, that the sheriff shall be entitled to receive and retain for his own use, five dollars per diem for conveying prisoners to and from the state prisons, and for conveying persons to and from the insane asy- lums, or other state institutions not otherwise pro- vided for by law; also, all expenses necessarily incurred in conveying insane persons to and from the insane asylums, and in conveying persons to and from the state prisons, or other state institu- tions, which per diem and expenses shall be allow- ed by the board of examiners, and collected from the state. The court shall also allow the sheriff his necessary expenses in keeping and preserving- property seized on attachment or executions, to be paid out of the fees collected in the action. The sheriff' may retain for his own use the mileage for service of papers or process issued by any court of the state outside of his own county. FEES TO BE PAID INTO THE COUNTY TREASURY. Sec. 216. All salaried officers of the several counties of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, on the first Monday in each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a percent- age thereof, is allowed such oflicers, and except- ing also such fees as are a charge against the county. FEE BOOK. Sec. 217. Each of the officers authorized to re- ceive fees under the provisions of this act must k^iiep a fee book, open to the public inspection durmg office hours, in which must be entered, at 248 County Government. once and in detail, all fees or compensation, of whatever nature, kind, or description, collected or chargeable. On the first Monday of each and every month, the officer must add up each col- umn in his boolv to the first day of the month, and set down the totals. On the expiration of the term of such ofiicer, he must deliver all fee books kept by him to the county auditor. STATEMENT OF FEES. Sec. 2]S. The fees and compensation collected and chargeable for the county in each month shall be paid to the county treasurer on the first Mon- day in the following month, and must be accom- panied by a statement of tiie aggregate amount thereof, as shown by the fee book, duly verified by the ofiicer making such payment. The affida- vit shall be in the following form: "I, A. B.^ county clerk (or other officer, as the case may be), do swear that the fee book in my office contains a true statement in detail of all fees and compen- sation of every kind and nature for official services rendered by me, my deputies, and assistants, for the month of , A. I). , and that said fee boolv shows a full amount received or chargeable in said month, and since my last monthly pay- ment; and neither myself, nor to my knowledge or belief, any of my deputies or assistants have ren- dered any official service, except for the county, which is not fully set out in said fee book, and that the foregoing statement thereof is true and correct." The treasurer shall file and preserve in his office said statements and affidavit. SALARY FUND. Sec. 219. For the purpose of paying the salaries provided for in this act, all fees directed to be paid into the county treasury shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment of said salaries. Should the amount received from such isource be insuflicient, it shall be the duty of the county treasurer from time to time to transfer ta said fund from the general fund of the county County Government. 249 such sums as may be necessary to pay said sala- ries as they become due. SALARIES— HOW PAID. Sec. 220. The salaries of such officers named in this act as are entitled to salaries shall be paid monthly out of the county treasury; and it shall be the duty of the auditor, on the first Monday of each and every month, to draw his warrant upon the county treasurer in favor of each of said otficers for the amount of salary due him under the provisions of this act for the preceding month; except that one-half of the annual salary of the assessor shall be paid to him in equal monthly in- stallments for the months of March, April, May, and June, and one-half in equal montlily install- ments for the remaining- eight months of the year. The treasurer shall pay said warrants on presenta- tion out of the salary fund of the county treasury. STATEMENT OF FEES ISIUST PRECEDE WARRANT FOR SALARY. Sec. 221. The auditor shall not draw his war- rant for the salary of any such officer for any month until the latter shall first have presented him with the certificate of the county treasurer, showing that he has made the statement and set- tlement for that month required in this act. OFFICIAL SERVICES AND FEES. Sec. 222. The officers mentioned in this act are not in any case, except for the state or county, to perform any official services, unless upon the pre- payment of fees prescribed for such services, ex- cept in cases on habeas corpus and for naturaliza- tion, and on such payment the officer must per- form the services required. For every failure, or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond. ACCOUNT AND RECEIPT FOR FEES. Stet*. -223. Every officer, upon receiving any fees for official duty or service, may be required by 250 County Government. tlie person paying the same to make out, in writ- ing, and deliver to such person a particular ac- count of such fees, specifying for what they, re- spectively, accrued, and shall receipt the same; and if he refuse or neglect to do so when required, he shall be liable to the party paying the same in treble the amount so paid. I^OSTER OF FEES OF JUSTICES. Sec. 224. It shall be the duty of each justice of the peace to prepare, and keep posted in a con- spicuous place in his office, a plain and legible statement of the fees allowed by law to justices of the peace and constables, upon pain of forfeiting^ for failure so to do, fifty dollars, to be recovered, with costs, by any person, before any other jus tice of the peace of the county. ILLEGAL FEES. Sec. 225. The board of supervisors, upon receiv- ing a certified copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant. SERVICES PERFORMED BY SUCCESSOR. Sec. 220. It shall be the duty of all officers in this act named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value for such services. NO FEES ON HABEAS CORPUS. Sec. 227. No fee or compensation of any kind must be charged or received by any officer for duties performed or services rendered in proceed- ings upon habeas corpus or naturalization, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for ser- vice rendered in an affidavit or application relating to the securing of a pension or the payment of a County Government. 251 pension voucher, or any matter relating thereto, nor niing nor swearing to any claim or demand against any county in this state. Sec. 228. The following are county charges: 1. Charges incurred against the county by vir- tue of any of the provisions of this act. 2. The traveling and other personal expenses of the district attorney, incurred in criminal cases arising in the county, and in civil actions and pro- ceedings in which the county is interested, and all other expenses necessarily incurred by him in the detection of crime and prosecution of criminal cases, and in civil actions and proceedings and all other matters in which the county is interested. 3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. 4. The sums required by law to be paid to the grand and ti-ial jurors and witnesses in criminal cases. 5. The accounts of the coroner of the county for such services as are not provided to be paid otherwise. 6. All charges and accounts for services ren- dered by any justice of the peace in the examina- tion or trial of persons charged with crime, not otherwise provided for and allowed by law. 7. The necessary expenses incurred in the sup- port of the county hospitals, poorhouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the county. 8. The contingent expenses necessarily incurred for the use and benefit of the county. 9. Every other sum directed by laAV to be raised for any county purpose under the direction of the board of supervisors, or declared to be a county charge. 10. The fees of constables in criminal cases al- lowed by law. COST OF CRIMINAL ACTIONS ON REMOVAL. Sec. 229. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment or information was found. 252 Coiimy Govorniiieut. COSTS ON KEMOVAL— HOW CKKTIFIED AND PAID. See. 230. The clerk of the county to which such actiou is removed shall certify the amount of costs allowed and certilied by the court to the auditor of his county, and sucli auditor shall audit the same and draw his warrant therefor upon the treasury of the county from Avhich such action was removed; and such auditor shall forward to said treasurer and auditor of tlie county from which said action was transferred, as aforesaid, a certilied copy of the total amount of costs allow- ed by the court, giving each item as certilied to him by the county clerk and the court; and the auditor receiving such certilied copy of said costs allowed shall outer the same in his book as a charge against the treasury of his county; and the county treasurer of the county from Avhich said action was removed must, immediately upon presentation, pay said warrant out of tlie general fund of said county; or, if at the date of presenta- tion there is not sufficient money in the said gen- eral fund to pay the same, he must indorse upon said warrant, "Not paid for want of funds,'' and said warrant must be registered, and shall draw interest at the same rate, and be paid in the same manner, as though it had been drawn by the au- ditor of the county where the indictment was found. Sec. 231. Counties created or organized after the passage and approval of this act sliall imme- diately come under and be governed by its pro- visions, so far as .the same are applicable there- to. "When the population of any existing county shall have been reduced, by reason of the crea- tion of any new coimty from the territory thereof, below theclass and rank lirst assumed hereunder, it shall be the duty of the board of supervisors of such county to designate by order the class to which such county has been reduced by reason thereof, and such count.v shall thereafter enter the list of such class; provided, that the salary of county olticers shall not be affected by reason of such division of the county or order of the board, for the term for which they were elected and qual- Courts-Coyote Scalps. 253 ified. In any newly created county, for the pur- pose of fixing the salaries and fees of county and township ottices, the board of commissioners ap- pointed to organize said new county, and if no commissioners be appointed, tlieu tlie board of supervisors of said new county, shall classify said new county according- to the population classifica- tion of this act. In each case the population shall be numerically fixed, and when so fixed shall be certified to the secretary of state by the board fixing the same. Sec. 232. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 283. The provisions of sections one hundred and fifty-eight to two hundred and fourteen, in- clusive, of this act, so far as they change the compensation of any officer therein named, here- tofore paid a fixed salary, or heretofore paid a fixed salary and commissions, and not fees or per diem, shall not affect incumbents, unless other- wise provided in any of said sections. Sec. 234. This act, except as otherwise herein provided, shall talce effect and be in force sixty days from and after its passage. TITLE 62. COURTS. Acts relating to: See Code of Civil Procedure, Ap- pendix, titles. Courts, p. 790 et seq.; Process, p. 8G4. TITLE 63. COYOTE SCALPS. An act fixing a bounty on coyote scalps. [Approved March 31, 1891; Stats. 1891, p. 280, :80.] V 1^ This act was repealed by the following act: Gen. Laws— 22. 254 Cruelty to Children. An act to repeal an act entitled "An act fixing a bounty on coyote scalps," approved March 31, 1891. [Approved January 24, 1895; Stats. 1895, chap. 1. In effect immediately.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. An act entitled "An act fixing a bounty on coyote scalps," approved March thirty- first, eighteen hundred and ninety-one, is hereby expresslj^ repealed. Sec. 2. This act shall tal^e effect immediately. TITLE 64. CRUELTY TO ANIMALS. The Political Code, sec. 19, also the Penal Code, ;\^ . sec. 23, expressly retained in force "An act for the V more effectual prevention of cruelty to animals, ap- ^ , proved March 30, 1868"; amended March 15. 1872; 1871-2, 393; but it was afterwards repealed by the folio win 2: act: \. y^ An act for the more effectual prevention of cruelty v.; to animals. ,^; [Approved March 20, 1874; 1873-4, 499.] This act can be found in the Appendix to the Penal Code, p. 506. TITLE 65. CRUELTY TO CHILDREN. An act for the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876; 1875-6, 830.] This act can be found in the Appendix to the Penal Code, p. 570. Deaf, Dumb, and Blind. 255 TITLE G6. DEAF, DUMB, AND BLIND. A reference to the acts relating to this subject can be found in Deering's Annotated Political 3^' Code under section 2282. In addition to those // there referred to, consult the following: An act to provide for certain improvements at the deaf, dumb, and blind asylum. _ [Approved March 4, 1887; 1887, 16.] ^ The act appropriated thirty-four thousand five hundred dollars for the purpose indicated. An act to provide improvements for the deaf, n dumb, and blind asylum, and making an ap -^ propriation for the same. [Approved March 16, 1889; 1889, 303.] The act appropriated seventy-nine thousand five hundred dollars for the purpose indicated. An act to provide for the completion and equip-."! ment of the deaf and dumb and blind asylum, and to make an appropriation therefor. [Approved March 23, 1893; Stats. 1893, p. 292.] The act appropriated $63,500 for the purpose indicated. An act to appropriate money to pay the directors of the California Institute for the Deaf, Dumb, and Blind, for the grading and paving of ■''^■'■ Dwight Way, in front of the lands of the In- X- stitute for the Deaf, Dumb, and Blind, of W Berkeley, California, which work was per- formed and materials furnished under a con- tract with Guy H. Chick, superintendent of streets of the town of Berkeley, California, his authority having been acquired under the general street law of this state. [Stat, approved March 31, 1897; Stats. 1897, chap. ccxxxvii.] ^our hundred and eighty-seven dollars was ap- propriated for this purpose. 256 Deeds— Dentistry. An act to confer certain powers upon the directors of the deaf, dumb, and blind asylum. [Approved April 1, 1876; 1875-6, 686.] The act conferred power to invest money be- queathed to the asylum in accordance with the wishes of the donor. TITLE 67. DEEDS. Acts relating to: See Civil Code, Appendix, title, Deeds, p. 765. TITLE 68. DEL NORTE COUNTY. A reference to special acts relating to Del Norte \ county is contained in Deering's Annotated Penal \Code, p. 462. cnV TITLE 69. ' DENTISTRY. An act to insure the better education of practi- tioners of dental surgery, and to regulate the practice of dentistry in the state of California. [Approved March 12, 1885; 1885, 110.] Practice of dentistry. Section 1. It shall be unlawful for any person who is not at the time of the passage of this act engaged in the practice of dentistry in this state to commence such practice, unless he or she shall have obtained a certificate as hereinafter provided. Board of examiners. Sec. 2. A board of examiners, to consist of seven practicing dentists, is hereby created, whose duty it shall be' to carry out the purposes and en- Dentistry. 257 force the provisions of this act. The members of said board shall bo appointed by the governor from the dental profession of the state at large. The term for which the members of said board shall hold their offices shall be four years, except that two of the members of the board, first to be appointed under this act, shall hold their office for the term of one year, two for the term of two years, two for the term of three years, and one for the term of four years, respectively, and until their successors shall be duly appointed and quali- fied. In case of a vacancy occurring in said board, such vacancy shall be filled by the governor in conformity with this section. Officers, quorum. Sec. 3. Said board shall choose one of its mem- bers president, and one the secretary thereof, and it shall meet at least once in each year, and as much oftener and at such times and places as it may deem necessary. A majority of said board shall at all times constitute a quorum, and the proceedings thereof shall at all reasonable times be open to public inspection. Registration by dentists. Sec. 4. Within six months from the time that this act takes effect, it shall be the duty of every person who is now engaged in the practice of den- tistry in this state to cause his or her name and residence or place of business to be registered with said board of examiners, who shall lieep a book for that purpose. The statement of every such person shall be verified under oath before a notary public or justice of the peace, in such man- ner as may be prescribed by the board of exam- iners. Every person who shall so register with said board as a practitioner of dentistry shall re- ceive a certificate to that effect, and may con- tinue to practice as such without incurring any of the liabilities or penalties provided in this act, and shall pay to the board of examiners for such regis- tration a fee of one dollar. It shall be the duty of the board of examiners to forward to the county clerk of each county in the state a certified list of the names of all persons residing in his county who have registered in accordance with the pro- visions of this act, and it shall be the duty of all county clerks to register such names in a book, to be kept for that purpose. 258 Dentistry. Certificates to practice dentistry. Sec. 5. Any and all persons who shall so de- sire may appear before said board at any of its regular meetings and be examined with reference to their knowledge and skill in dental surgery, and if the examination of any such person or per- sons shall prove satisfactory to said board, the board of examiners shall issue to such persons as they shall find to possess the requisite qualifica- tions a certificate to that effect, in accordance with the provisions of this act. Said board shall also indorse as satisfactory diplomas from any reputa- ble dental college, when satisfied of the character of such institution, upon the holder furnishing evi- dence satisfactory to the board of his or her right to the same, and shall issue certificates to that ef- fect within ten days thereafter. All certificates issued by said board shall be signed by its offi- cers, and such certificates shall be prima facie evi- dence of the right of the holder to practice den- tistry in the state of California. Violation. Sec. 6. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars nor more than two hun- dred dollars, or confined in the county jail six months for each and every offense. All fines re- covered and collected under this act shall be dis- tributed, one-half to the informer, and the other half be paid into the common school fund of the county in which the conviction takes place. [Amendment approved March 3, 1893; Stats. 1893, p. 70. In effect immediately.] Examination fee. Sec. 7. In order to provide the means for car- rying out and maintaining the provisions of this act, the said board of examiners shall charge each person applying to or appearing before them for examination for a certificate of qualifications a fee of ten dollars, which fee shall in no case be returned, and out of the funds coming into the possession of the board from the fees so charged, and penalties received under the provisions of this act, all legitimate and necessary expenses incur- red in attending the meetings of said board shall be paid. And no part of the expenses of the Dentistry. 259 board shall ever be paid out of the state treasury. All moneys received in excess of expense above provided for shall be held by the secretary of said board as a special fund for meeting the expenses of said board ,]■ and carrying out the provisions of this act, he giving such bonds as the board shall from time to time direct. And said board shall make an annual report of its proceedings to the governor by the first of December of each year, together with an account of all moneys received and disbursed by them pursuant to this act. Registering certificate. Sec. 8. Any person who shall receive a certifi- cate from said board to practice dentistry shall cause his or her certificate to be registered with the county clerk of the county in which such per- son may reside, and the county clerk shall charge for registering siich certificate a fee of one dollar. Any failure, neglect, or refusal on the part of any person holding such certificate to register the same with the county clerk as above directed, for a period of six months, shall work a forfeiture of the certificate, and no certificate when once for- feited shall be restored, except upon the payment to the said board of examiners of the sum of twen- ty-five dollars, as a penalty for such neglect, fail- ure, or refusal. Falsely pretending to hold license. Sec. 9. Any person who shall knowingly and falsely claim or pretend to have or hold a certifi- cate of license, diploma, or degree, granted by any society organized under and pursuant to the pro- visions of this act, or who shall falsely, or with intent to deceive the public, claim or pretend to be a graduate from any incorporated dental col- lege, shall be deemed guilty of a misdemeanor, and shall be liable to the same penalty as provided in section six. Physicians may extract teeth. Sec. 10. Nothing in this act shall be so con- strued as to prohibit any practicing physician from extracting teeth. Sec. 11. This act shall take effect immediately. 260 District Attorneys— Ditches. \^ TITLE 70. JS / DISTRICT ATTORNEYS. O V Acts relating to: See Political Code, Appendix, > 'A title, District Attorneys, p. 9()0. TITLE 71. DITCHES. An act for the protection of the owners of ditches and flumes. [Approved March 16, 1889; 1889, 202. J Joint liability of owners of ditch or flume. Section 1. When two or more persons are asso- ciated by agreement in the use of a ditch or flume, or are using for the irrigation of land a ditch or flume, to the construction of which they or their grantors have contributed, each of them shall be liable to the other for the reasonable expense of maintaining and repairing the same in proportion to the share in the use of the water to which he is entitled. Action for refusal to pay proportional expense. Sec. 2. If any of them refuse or neglect, after demand in writing, to pay his proportion of such expenses, he shall be liable therefor in an action for contribution in the nature of an action on the case, and in any judgment obtained against him, interest from the time of such demand, at the rate of two per cent per month may be included. Willful appropriation a misdemeanor. Sec. 3. If any of them willfully appropriate to his own use more than his proportionate share of the water from such ditch or flume, to the detri- ment of his associates, or any of them, he shall be liable in damages in treble the value of the water so appropriated in excess of his proper share. Dogs. 261 Actions, how brought. Sec. 4. The actions provided for in sections two and three maj- be brought by any or either of the parties injured, and may be joint or several. Sec. 5. This act shall take effect from and after its passage. TITLE 72. ^ A DOGS. un^liuj.,^ Dogs killing sheep, liability for: See post, Sheep. An act to protect sheep and Cashmere and An- gora goats against tlie ravages of dogs. [Approved M^rch 13, 1866; 1865;6, 225.] ) Dog tax. ■ ■« ' '■' 'J:.^^'iilLl^l£l ^ Section 1. Every owner, claimant, or keeper ol a dog or dogs of the age of four months or over, shall hereafter pay an annual tax on all dogs owned, claimed, or kept by him or her; for the first male dog, one dollar; for every additional male dog, two dollars; and for every female dog, three dollars. A . 7 /i ,/ , . Collection. A-l'MM ' Sec. 2. It shall be the duty of the /county, dis- trict, or township assessors, as the case may be, at the time of making their annual assessment of real estate and personal property, to ascertain by diligent inquiry and examination the names of all persons owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts respectively, as provided in the first sec- tion of this act, to the person or persons own- ing, claiming, or keeping the same, and shall make lists and delivery tliereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of oth- er personal property are made and delivered; and the proper officers are hereby empowered and re- quired to collect such tax on dogs in the same mode and manner as other taxes are collected, and to pay over the same into the county school fund. ^ 262 Dogs. Ownership. Sec. 3. Every dog kept or staying at any house shall be deemed sufficient evidence of ownership to authorize the assessor to return the person in- habiting the house as the owner of such dog; and any person sending his or her dog from house to house or from place to place in order to evade said tax shall pay double rates therefor; and every dog not so returned shall be deemed to have no owner, and may be lawfully killed by any person seeing the same running at large. Damages. Sec. 4. The owner or owners of any dog or dogs which shall worry, wound, or kill any sheep, Cashmere or Angora goats, shall be liable to the owner or possessor of such sheep, goat or goats, for the damages and costs of suit, to be recovered before any court having jurisdiction in the case. Killing. Sec. 5. Any person finding any dog or dogs, not on the premises of its owner, worrying, wounding, or killing any sheep, or Cashmere or Angora goats, may kill the same, and the owner thereof shall sustain no action for damages against any person so l^illing any dog or dogs under such cir- cumstances. The following special and local acts were pass- ed in 1878: An act to repeal an act entitled an act restricting the herding of sheep to certain pas- tures in the counties of Sonoma and Marin, pass- ed April 21, 1857, and the acts amendatory thereof, so far as they relate to the counties of Mendo- cino and Humboldt, approved February 14, 1878; 1877-8, 79. An act restricting the herding of sheep to cer- tain pastures in the county of Modoc, approved March 14, 1878; 1877-8, 241. An act to prevent sheep and goats from being herded or running at large in certain portions of Lake county, approved March 29, 1878; 1877-8, 685. Donations— Drainage. 263 TITLE 73. DONATIONS TO STATE, COUNTY, CITY, OR TOWN. Consult the following acts: <.^C i^ V / jft An act to provide for the receipt and appropria- .^ tion of donations to the state, or counties, or % ' cities and counties, or cities or towns therein, (j^ [Approved April 3, 1880; 1880, 20 (Ban. ed. 106).] / An act to authorize the several counties, cities and counties, cities, and towns of this state, and the officers and boards of officers thereof, to j receive property by gift, bequest, and devise, ^ and to hold, manage, and dispose of such property, and the income and increase thereof. [Approved February 10, 1881; Stats. 1881, 2.] TITLE 74.' f^^-^^ DRAINAGE. An act to provide a system of irrigation, promote rapid drainage, and improve the navigation of the Sacramento and San Joaquin rivers. [Approved March 29, 1878; 1877-8, 634.] This act created the office of state engineer for the period of two years and prescribed the duties of the engineer. It was amended by renewing the office each session of the legislature up to 1889. 4' 264 Drainage. An act to promote drainage. [Approved April 23, 1880; 1880, 123 (Ban. ed. 389).] Board of drainage commissioners. Section 1. Tlie governor, surveyor general, and state engineer sliall be ex officio members of and constitute a board of drainage commissioners to divide the state into several drainage districts, and organize the same as liereinafter provided. Tlie governor shall be president of the board, and the office of the board shall be in the state engi- neer's office at the state capitol. The secretary to the state engineer shall be secretary of the board. Report of state engineer. Sec. 2. Within thirty days after the passage of this act, or as soon thereafter as may be practica- ble, the state engineer shall submit to said board a report or reports containing the result of his in- vestigations as to drainage, having in view the control of debris from mining and other opera- tions, the improvement and rectification of river channels, the erection of embankments or dikes necessai'y for the protection of lands, towns, or cities from inundation. He shall also make special examinations with reference to the division of the state into several drainage districts, each of which shall include a territory drained by one natural system of drainage, and shall report to the board of drainage commissioners the result of his ex- aminations, and shall from time to time propose boundaries for such districts and recommend their formation. Board to consider the report. Sec. 3. After the state engineer has reported the boundaries and recommended the formation of one or more drainage districts, the board shall proceed to consider the same, and may adopt, amend, or reject said report; but if adopted by them, either in the original form or amended, they shall, by resolution entered upon the record of their proceedings, declare the said territory to be, and the same shall thereupon become, a drainage district, and shall be known as drainage district number one, two, or three, etc., as the case may Drainage. 265 be, numberiuii' the districts in tlie order in wliicli they are formed; and they shall record, in a book to be kept for that purpose, the boundaries, which shall be clearly defined, with map accompanying of each separate district, its number and date of its formation, and shall file for record with the recorder of each county embraced, or in part em- braced, in the district, a copy of the sa,me, which shall be deemed sufficient notice of the formation of said district to all county officers, and to all parties concerned, that the said district has been formed. Board of directors— Term— Bond— Report. Sec. 4. Within ten days after the organization of any drainage district the governor shall ap- point three persons, residents of the district, who shall constitute a board of directors for the dis- trict so formed. They shall hold office for four years [unless sooner removed for cause by the gov- ernor], and until their successors are appointed and qualified. They shall organize by electing one of their number president, and shall take the usual oath of office; and shall each give a bond in the sum of twenty-five thousand dollars for the faithful performance of his duties, to be approved by some superior judge of the district, and filed with the board of drainage commissioners. They shall, on or before the first day of January of each year, report to the governor all their proceedings, showing the amount of worlv done and amount of money they have expended. The governor shall transmit the same to the legislature. Secretary— Assistant engineer. Sec. 5. The board of directors shall appoint a secretary, and have an office in the district. The secretary shall receive a salary to be fixed by the directors, not exceeding one hundred dollars per month, payable out of the construction fund of the district; and his term of office shall be at the pleasure of the board of directors of such district. (They shall also appoint an assistant engineer, who shall be styled resident engineer, and whose duties are hereinafter stated.) Vacancies— Salary. Sec. 6. The governor shall fill all vacancies that m^ occur in the board of directors, and each di- ^ Gen. Laws— 23. 266 Drainage. rector shall receive a salary of one hundred dol- lars per month, payable monthly out of the con- struction fund of the district. Specifications, plans, etc. Sec. 7. After the formation of any territory into a drainage district, the state engineer, as soon as practicable after proper surveys have been made, shall submit to the board of directors of the district plans, specifications, and estimates of the cost of the worlds necessary in said district, in or- der to secure a proper system of drainage therefor. The report shall be accompanied by the concur- ring or dissenting opinion of the consulting en- gineer. Board of directors may adopt, etc. Sec. 8. After the report of the state engineer, -as aforesaid, giving plans, specifications, and esti- mates of the cost of the worlis, or any modifica- tions or changes thereof, are made to the board of directors of the district, the board shall adopt, amend, or reject the whole or any portion of such plans, or may refer them back to the state engi- neer for further report. Bids. Sec. 9. After the adoption of the plans and specifications of the worli to be done in the dis- trict, the board of directors shall advertise for thirty days, in three newspapers of general cir- culation published therein, for bids for the con- struction of all or any portion of the works em- braced in said plans; the said notice shall state that the plans and specifications of said works are on file in the office of the board of directors of the district, and can there be examined by any person who may so desire; and shall also state that it will be unlawful for any contractor to em- ploy any Chinese or Mongolians in the construc- tion of such works, and state generally the terms and time in which the work shall be constructed, and that the right to reject any and all bids is re- served by said board; and no material used in the construction of such works shall be purchased from any contractor or manufacturer who either directly or indirectly employs any Chinese or Mon- golian labor. Drainage. 267 Contracts. Sec. 10. All contracts shall be awarded to the lowest responsible bidder (if his bid is not deemed by the board too high), and the contractor shall give a good and sufficient bond in not less than twenty-five per cent, of the estimated cost of the work contracted for; the bond, both as to its amount and the sureties thereon, shall be subject to the approval of the board of directors of the district, and when so approved shall be filed in the office of said board. Any members of the board of drainage commissioners, or the state en- iiineer, or consulting or resident engineer, or any superintendent of said works, or any employee of the board of drainage commissioners, any mem- ber of the board of directors of any drainage dis- trict, or any employee thereof, or of the state en- gineer's department, who shall be interested in any contract for the construction of any such works in any drainage district, shall be guilty of a felony. If, however, any emergency shall arise rendering it necessary, in the judgment of said board of directors, concurred in by the state board of drainage commissioners, for the protection of works already completed, that immediate repairs or work should be done, the said directors shall have the power to do such work or repairs in the manner which to them seems most advisable. Condemnation. Sec. 11. The board of directors of the district may condemn the right of way for any work nec- essary for the purpose of the drainage of the dis- trict; may purchase or condemn material necessary for the work; may join, connect with, enlarge, or strengthen any works already constructed, and may condemn such lands as may be by them deemed necessary for reservoirs for storing de- bris from the mines, whether the same be within or without the boundaries of the district, and may provide for connecting the system of drainage of one district with that of another, or for several districts; and it is hereby declared that the use of the property, such as right of way and lands which may be condemned, taken, or appropriated under the provisions of this act, is a public use, and that such appropriation is for the public bene- fit *tprovided, that they shall not have the right 268 Drainage. or power to purchase or condemn any levee or levees.) Same. Sec. 12. Whenever the board of directors of any district cannot procure from the owner or owners thereof, without purchase, the right of way or material needed for the construction of levees or reservoirs (for the storage of debris), or procure the consent to join or connect with any existing works, or procure lands necessary for the con- struction and completion of the system or plan adopted, the said board of directors may, in the name of the district, proceed to condemn the same under the provisions of Title VII, Part III, of the Code of Civil Procedure, and amendments thereto, which are now existing or may hereafter be made; provided, that cities and towns having levees shall have and retain the exclusive management and control thereof, subject to the right of the district to connect therewith as herein provided. State engineer to have charge — Resident engineer. Sec. 13. All works carried on under the provis- ions of this act shall be executed under the direc- tion of the state engineer (who shall be appointed by the governor), and an assistant for each drain- age district, who shall be styled resident engineer, and whose salary shall be fixed by the board of directors of the district, but shall not exceed two hundred dollars per month for each month of actual service. All work shall be done under the immediate supervision of the resident engineer and board of directors of the district, and no work shall be paid for until accepted by such resident engineer and board of directors, and approved by the state engineer. Construction fund. Sec. 14. The cost of the works contemplated In this act, embracing all contracts, purchases, or condemnations of property authorized under it, and all proper salaries and incidental expenses, shall be paid out of the "construction fund" of the drainage district for which such works may be constructed. Proper vouchers, in duplicate, for all such expenditures, shall be certified to by the resident engineer of the district, approved by the state engineer, and submitted to the board of di- Drainage. 269 rectors at their regular meetings, wlio shall there- upon audit and allow all just and proper claims, and certify the original voucher for the same to the state controller. The controller shall there- upon draw his warrant upon the state treasurer for the amount thus certihed, payable out of the "construction fund" of the proper district, or out of the "state construction fund," as the case may be. The provisions of law requiring claims to be approved by the state board of examiners, before a warrant shall be drawn by the controller there- for, shall not be applicable to claims presented under the provisions of this act. Funds, how provided. Sec. 15. To provide funds to pay the construc- tion of the systems of works contemplated by this act, and all expenses connected therewith, the as- sessors of the several counties embraced in whole or in part in any drainage district shall be ex- officio assessors of the district for the portion of said district included in their respective counties; and each such assessor shall annually assess and make a duplicate assessment-boolv of all property in that portion of the county of which he is as- sessor, embraced within such drainage district, and shall deliver the said duplicate assessment- book at the same time and in the same manner and to the same officer or board that he delivers the assessment-book made for the purposes of state and county taxation; and the assessment so made shall be equalized at the same time and by the same oflicers or boards as assessments made for state and county taxes are equalized. The said duplicate assessment-book shall be treated in all respects by the several state and county officers the same as the assessment-book made for state and county purposes. When the said assessment has been finally equalized by the proper authority, as hereinbefore provided, it shall be the duty of the auditor of the county, in whole or in part em- braced in any drainage district, on or before the first day of October of each year, to forward by mail or express, to the board of directors of such district, at their office, a statement showing the total value of all property embraced in said du- plicate assessment-book, after the same has been filially equalized, as before stated. 270 Drainage. Tax levy. Sec. 16. The board of directors of each drain- age district must, on some day in the month of October of each year, levy a tax upon all the prop- erty in the district, of one-twentieth of one per cent, on the value of said property. Immediately after the levy of said tax, the board of directors levying the same shall at once notify the auditor of each county in which any portion of any drain- age district is embraced of the tax and rate so levied; and each of said auditors shall compute and enter upon the duplicate assessment-book of each district the respective sums to be collected, in the same manner that he makes computation and entry upon the assessment-book for state and county tax purposes, and shall turn the same over to the tax collector at the same time and in the same manner that he does the assessment roll for state and county purposes. The tax collector shall collect such tax or taxes at the same time and in the same manner that they collect state and county taxes; and all laws for the enforcement and collection of state and county taxes now in force, or hereafter to be enacted, shall be appli- cable to the enforcement and collection of all taxes in this act provided for. The tax collector shall pay the same over to the county treasurer at the same time and in the same manner as state and county taxes are paid. The county treasurer shall pay the same over to the state treasurer at the same time and in the same manner as state taxes are paid, and the state treasurer shall place the same to the credit of a fund to be known as the "construction fund of drainage district num- ber one," "two," "three," etc., as the case may be. Same. Sec. 17. In case any drainage district is organ- ized after the time provided by law for making assessments for state and county purposes, then the board of directors of such district shall, if they deem it advisable so to do, notify the auditor or auditors of the county or counties embraced in whole or in part in such district; and thereupon each of said auditors shall make a copy from the assessment-book of that county for state and county taxation, as jSnally corrected and equalized by the proper authority, of all the property in that I Drainage. 271 county embraced in said district, and shall im- mediately thereafter prepare, and forward by mail or express to said directors, a statement showing the total value of the property thus assessed and included in said district. The said directors must thereupon, and on some day before the first day of November of that year, levy a tax upon all the property in the district, of one-twentieth (l-20th) of one per cent, of the value of said prop- erty; and immediately thereafter they must no- tify the auditor or auditors of the county or coun- ties embraced in whole or in part in the district of the tax and rate so levied. The auditor of each county so notified shall thereupon compute, and enter upon said copy of the assessment-book, this tax, in the same manner that he does taxes for state and county purposes. The said copy shall then be turned over to the tax collector of the county, and the taxes embraced in the same shall be collected, and finally paid over to the state treasurer, in the same manner and at the same times as stated in the preceding section of this act. Compensation of auditors and assessors. Sec. 18. The auditors and assessors of the coun- ties embraced in any drainage district shall be allowed a reasonable compensation for making the duplicate assessment-books, also the auditors for making a copy of the assessment-book; and these claims for such compensation shall be audited and allowed by the directors of such drainage dis- trict, and shall be paid in the same manner as other claims against the district. Hydraulic mine owners to render statement to as- sessor. Sec. 19. The owner or owners, or the manag- ing agent, of every hydraulic mine, or any mine using water to wash the earth or ores for mining purposes, which mine may be embraced in whole or in part within any drainage district to be formed or organized under this act, and of all mines the waters from which carry slickens, sand, or debris therefrom run into any such district, shall, on or before the first day of July, A. D. eighteen hundred and eighty, and every year thereafter, at the time required for rendering a statement to the assessor for the purpose of as- sessing for state and county taxes, render to the 272 Drainage. assessor of the county in whicli the mine is located a sworn statement sliowing the number of miners' inches of water (of twenty-four hours' run) used by tlie mine of wliicli he is in wliole or in part owner, or the managing agent, for the preceding year ending on the first day of March next pre- ceding the rendition of such statement. The state- ment sliall include also the name and description of the mine. Upon the receipt of such statement from the owner or managing agent of such mines, the assessor shall enter the same in a separate column in the duplicate assessment-book provided for in this act, so that it will show the number of miners' inches of water (of each twenty-four hours' run) used by each of such mines within the county for which he is assessor. Assessment on hydraulic mines. Sec. 20. The board of directors shall, at the same time in October of each year that they levy the tax hereinbefore provided for, levy an assess- ment upon all hydraulic mines, and upon all mines washing earth or ores with water running into the district, of one-half of one cent for each miners' inch of water of each twenty-four hours' run. used during such year, and shall notify the auditor of each county embraced in whole or in part in the district, of the amount so levied, and he shall com- pute and enter upon the duplicate assessment- book the respective sums to be collected from the respective mines; and the tax collector shall col- lect said assessment at the same time and in the same manner that they collect state and county taxes; and the money so collected shall be paid over in the same manner and at the same time as herein provided for the collection of taxes, and the state treasurer shall place the same to the credit of the "construction fund" of the proper district. State engineer to make map of unreclaimed swamp or overflowed land. Sec. 21. Within a reasonable time after the or- ganization of a drainage district, the state engi- neer shall make a map of all the unreclaimed swamp or overflowed land in the district rendered unfit for cultivation by reason of being swamp or overflowed and not reclaimed, and shall also pre- Drainage. 273 pare a list of sueli lands, describing them by legal subdivisions, and sliall file both said map and said list in the office of the directors of the district. Within three months after the filing of this list the directors of the district shall give notice for thirty days in three ne\Yspapers of general circula- tion published in the district, that they will hear evidence, on a day to be named in said notice, for the purpose of correcting errors or omissions in said list. After hearing such testimony as may be offered, they shall correct said list in accord- ance with the facts. Directors to prepare list of reclaimed lands. Sec. 22. On or before the first day of March In each year the directors of any drainage district in which any of the lands described in the list provided for in the preceding section have been reclaimed, by reason of the construction of any of tlie works contemplated by this act, sliall prepare a list or lists of all such lands so reclaimed situ- ate in such district. The list shall contain a de- scription by legal subdivisions, or other intelli- gent description, of each tract so reclaimed; the name of the owner of each tract; and if unliuown, then that fact; the number of acres in each tract; and sliall, on or before said date, deliver to the as- sessor of tlie county or counties in which any por- tion of said lands so reclaimed is situated a cer- tified copy of said list so far as the same relates to the lands situated in such county. Whereupon such assessor shall enter the same upon the du- plicate assessment-booli provided for in this act. Assessment. Sec. 23. After any land has been reclaimed, and lists filed with tlie assessor, the board of directors shall assess the value of the reclamation to each tract of said land, not to exceed three dollars per acre, which shall be payable in six equal pay- ments; provided, no one owner shall be liable for the payment due from any other owner. The di- rectors shall, before the first day of October of each year, notify the auditors of the counties in wliich tlie laud is situated the amount of assess- ment per acre that is to be collected on each tract of land, and the auditor shall compute the same *pd enter the amount in a separate column in the 274 Drainage. duplicate assessment-book prepared for tlie dis- trict, and the tax collector shall collect said as- sessment at the same time and in the same man- ner as he collects state and county taxes; and the money so collected shall be turned over to the county treasurer and paid by him to the state treas- urer, the same as other moneys collected under the provisions of this act. The state treasurer shall place the same to the credit of the "con- struction fund" of the district to which it belongs. State tax. Sec. 24. There shall be levied in the year eighteen hundred and eighty, and each year there- after, by the same officers, at the same time and in the same manner that other state taxes are levied, a tax of one-twentieth of one per cent, on all the taxable property in the state in addition to other state taxes. Said tax must be collected by the same officers at the same time, and paid over at the same time, that other state taxes are collected and paid over. The state treasurer shall place all moneys received by him on account of such tax to the credit of a fund, to be known as the "state drainage construction fund." The state drainage construction fund must be used and draw^ upon in the same manner and for the same purposes as the "construction fund" of a drainage district; provided, that all moneys raised under the provisions of this act shall be used exclusively for the construction of dams for impounding the debris from the mines hereinbefore specified, and for the improvement and ratification of river chan- nels in which said debris flows within the drain- age districts to be formed under the provisions of this act, at such points thereof as shall be desig- nated by the state engineer, or deemed necessary by the board of directors of such drainage district. Duty of state treasurer. Sec. 25. The state treasurer is hereby author- ized and required to pay all warrants drawn by the state controller upon the "construction fund" of any drainage district, or upon the "state drain- age construction fund," out of such fund; pro- vided, that if there be no money in the "state drainage construction fund" to meet the payment of any warrant on that fund, the state treasurer Drainage. 275 shall pay such warrants out of any other money in the state treasury not otherwise appropriated, but not exceeding in the aggregate the amount, or the balance of the amount, to be paid into the "state drainage construction fund," under this act, for the current year, upon an estimate based upon the assessed value of all the taxable property in the state for the preceding year; and provided further, that no indebtedness shall be created against either of said funds for any one year in excess of the amount provided to be raised by the tax levy for said year for said funds; said levy to be estimated upon the assessment roll for the pre- vious year; and when the state tax in this act pro- vided for is collected and paid into the treasury, the money so paid shall be repaid from the "state drainage construction fund." Responsibility of officers. Sec. 26. All officers acting under the provisions of this act, and their bondsmen, are hereby made responsible for the collection, safe-keeping, and proper accounting of the taxes and funds in- trusted to them, in the manner herein provided, in accordance with the laws regulating their duties and responsibilities in connection with state and county funds. Construction of act. Sec. 27. Nothing in this act shall be construed in such a manner as to invalidate the indebted- ness of any reclamation or levee district, or any assessment levied therein, or to affect in any man- ner whatever the laws in force in relation to re- clamation and levee districts; nor shall any levees be condemned or purchased under the provisions of this act. Chinese not to be employed. Sec. 28. No Chinese or Mongolians shall be em- ployed in any capacity whatever on any work to be done in pursuance of the provisions of this act. Sec. 29. This act shall take effect and be in force from and after its passage. 276 Drainage. xVn act to promote drainage. [Approved March 18, 1885; 1885, 204.] Petition to adopt measures to drain lands. Section 1. AVlienever tlie owners of two-thirds of any body of lands susceptible of one mode of drainage desire to drain the same, they may pre- sent to the board of supervisors of the county in which the lands, or the greater portion thereof, are situated, at a regular meeting of the board, a petition setting forth that they desire to adopt measures to drain the same, the description of the land, the number of acres in the whole district, and the number of acres in each tract, and the names of the owners thereof, and the names of three persons who may desire to serve as trustees for the lirst three months; the petition must be verified by the affidavit of one of the petitioners, and must be published for four weelis next preced- ing the hearing thereof, in some newspaper pub- lished in the county in which the lands are situ- ated; or if there is no newspaper published in the county, then it must be published in some news- paper having a general cii'culation in the county, and an affidavit of such publication must be filed with the petition. District lying in different counties. Sec. 2, When a district is situated partly in different counties, the trustees must, after the pe- tition has been granted, forward a copy thereof to the clerk of the board of supervisors of any county in which any portion of the district may lie, and the board to which the same is forwarded must not allow another district to be formed within such district, unless with the consent of the trustees thereof. Formation of district. Sec. 3. If the board of supervisors find, upon the hearing of such petition, that lands have been improperly included in such district, they may, be- fore fixing the final boundaries, exclude from such district any lands which may have been included, or include any lands adjacent thereto, on petition of any owner of such land presented at such time of hearing, as they may deem for the best inter- Drainage. 277 ests of such district; and they must then define the boundaries, declare the district duly formed, and the persons named in the petition for the for- mation of such district to be the trustees for the first three months, or until their successors are appointed. [Amendment approved March 31, 1891; Stats. 1891, p. 262. In effect immediately.] Recording petition. Sec. 4. The petition must then be recorded by the county recorder. By-laws. Sec, 5. After the approval of the petition the petitioners may make such by-laws as they deem necessary for future appointment of trustees, and to effect the worli of drainage, keep the same in repair and operation, and for the control and management thereof, by the votes or consent of the owners of a majority of the land in the dis- trict. Signing and recording by-laws. Sec. 6. The by-laws adopted must be signed by persons owning a majority of land in the district, and must be recorded by the county recorder. Power of board. Sec. 7. The board thus formed shall have power to elect one of their number president thereof, and to employ engineers to survey, plan, locate, and estimate the cost of the works neces- sary for drainage, and the land needed for right of way, including drains, canals, sluices, water- gates, embankments, and material for construc- tion, and to construct, maintain, and keep in re- pair all works necessary to the object in view. Plans and estimates. Sec. 8. The board of trustees must report to the board of supervisors of the county, or if the dis- trict is situated in more than one county then to the board of supervisors of each county in which the district is situated, the plans of the work and estimates of the costs, together with the estimates of the incidental expenses of superintendence, re- pairs, etc. Assessing expense. Sec. 9. The board by which the district was fo^ed must appoint three commissioners, disin- ■' Gen. Laws— 24. 278 Drainage. terested persons residing in tlie county in which the district, or some part thereof, is situated, and such commissioners must view and assess upon the lands situated in the district a charge propor- tionate to the whole expense, and to the benefit which will result from such worli, which charge must be collected and paid into the county treas- ury as hereinafter provided, and must be placed by the treasurer to the credit of the district, and paid out for the work of drainage upon the war- rants of the trustees appointed by the board of supervisors of the county. Warrants on the treasurer. Sec. 10. The warrants drawn by the trustees must, after they are approved by the board of supervisors, be presented to the treasurer of the- county, and if they are not paid on presentation, like indorsements must be made thereon, and they must be registered in like manner as county war- rants. Payments when district in different counties. Sec. 11. If a district is situated partly in differ- ent counties the charges must be paid into the treasury of the county in which the particular tract may be situated. Purther assessment. Sec. 12. If the original assessment is insufficient to provide for the complete drainage of the lands of the district, or if further assessments are from 1;ime to time required to provide for the protec- tion, maintenance, and repairs of the works, the trustees must present to the board of supervisors by which the district was formed a statement of the work to be done and its estimated cost, and the board must make an order directing that the commissioners who made the original assessment, or other commissioners to be named in such order, to assess the amount of such estimated cost as a charge upon the lands in the district, which as- sessment must be made and collected in the same manner as the original assessment. List of charges and of lands. Sec. 13. The commissioners appointed by the board of supervisors must make a list of the charges assessed against each district of land, and the list must contain a description of each tract Drainage. 279 assessed, the number of acres in each tract, and the names of the owners in each tract, if known, and if unknown, the amount of charges assessed against each tract; and the board of commission- ers must, on completion of such list, cause a notice to be published in some paper published in the county where such district is situated, and also have such notice posted in three places in such dis- trict, to the effect that the board of commission- ers will, in ten days from the publication of such notice, meet (and they shall also name the time and place of such meeting) as a board of equaliza- tion for the purpose of equalizing assessments, and will continue in session so long as may be necessary, not to exceed ten days, at the end of which time, having equalized and adjusted such assessments, the list must then be filed as herein- after provided. [Amendment approved March 31, 1891; Stats. 1891, p. 262. In effect immediately.] Filing list. Sec. 14. The list so made must be filed with the county treasurer of the county, or if the district is partly situated in different counties, then the original list must be filed in the county first in or- der under alphabetical arrangement, and copies thereof, certified by the commissioners, must be filed with the treasurers of each of the other counties. From and after the filing of the list, or certified copies thereof, the charges assessed upon any tract of land in the county constitutes a lien thereon; and the list thus prepared must remain in the ofiice of the treasurer for thirty days, or longer if ordered by the board of trustees; and during the time they so remain any person may pay the amount of the charges against any tract to the treasurer without costs; or if so ordered by the board of trustees, said payments may be by installments; and if at the end of thirty days, or of the longer period fixed by trustees, all of the charges, or all of any installments ordered by them, have not been paid, the treasurer must re- turn the list to the district attorney, who must at once proceed by civil action to collect such charges. Executing work. ^c. 15. The work must be executed under the 280 Drainage. direction and in tlie manner prescribed by the board of trustees. Account of expenditures. Sec. 16. Tlie board must keep accurate ac- counts of all expenditures, which accounts, and all contracts that may be made by them, are open to the inspection of the board of supervisors, and every person interested. Purchases by trustees. Sec. 17. The trustees may acquire, by purchase, all property necessary to carry out and maintain the system of drainage provided for. Eminent domain. Sec. 18. The trustees may acquire, by condem- nation, the right of way for canals, drains, em- banliments, and other worlis necessary, and may tal^e materials for the construction, maintenance, and repair thereof from lands outside of as well as in the limits of said district. Same. See. 19. The provisions of Title VII, Part III, of the Code of Civil Procedure are applicable to, and condemnation herein provided for must be made thereinunder. Drainage by owners. Sec. 20. Whenever any district susceptible of one mode of drainage, entirely owned by parties who desire to drain the same, and to manage such drainage without the Intervention of trustees, or the establishment of by-laws, they may file the petition provided for in sections one and two, and must state therein that they intend to undertake such drainage on their own responsibility. If the petition is granted, the owners of the land have all the rights, immunities, and privileges granted to boards of trustees, and in all proceedings the names of owners may be used instead of the names of trustees. Sec. 21. This act shall take effect upon its pas- sage. In addition to the foregoing, the following acts may be consulted: Drainage. 281 An act to appropriate money to pay tlie indebted- ness incurred under an act entitled "An act to promote drainage," approved Marcli 23, 1880. [Approved March 10, 1885; 1885, 78.] An act to abolisli the state drainage construction fund, and directing the transfer of any bal- ance remaining therein to the general fund. [Approved March 1, 1893; Stats. 1893, p. 64.] An act to provide for the organization and govern- ment of drainage districts, for the drainage of agricultural lands other than swamp and over- flowed lands. [Stat, approved March 81, 1897; Stats. 1897, chap, ccxxviii.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever fifty, or a majority of the holders of title, or evidence of title as herein pro- vided, to agricultural lands other than lands known as swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drainage of such lands, they may propose the organization of a drainage district under the pro- visions of this act, and when so organized such district shall have the powers, rights, and duties conferred, or which may be conferred by law, upon such drainage district. Tlie equalized county assessment roll next preceding the presen- tation of a petition for the organization of a drain- age district under the provisions of this act, shall be suflicient evidence of title for the purposes of this act; provided, that no person who has re- ceived or acquired title to land within such pro- posed district for the purpose of enabling him or her to join in such petition or to become an elector of said district, shall be allowed to sign such pe- tition or to vote at any election to be held in such district under the provisions of this act. Such il- 282 Drainage. legal signing, however, sliall not invalidate such petition when there shall be found a sufficient number of other legal petitioners. Sec. 2. A petition shall first be presented to the board of supervisors of the county in which the lands, or the greatest portion thereof, are situated, signed by the required number of the holders of ti- tle or evidences as above provided of title of such proposed district, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must accompanj^ the petition with a good and sufficient bond, to be approved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the cost in case such an organization shall not be effected. The petition shall be presented at a regular meet- ing of the said board of supervisors, and shall have been published for at least tw^o weeks before such presentation in some newspaper printed and published in the county w^here the petition is pre- sented, together with a notice stating the date of the meeting of said board at which the petition will be presented; and if any portion of the pro- posed district lies within another county, or coun- ties, then said petition and notice shall be like- wise published in a newspaper printed and pub- lished in each of such counties. Sec. 3. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time, not ex- ceeding four weelvs in all, and on the final hearing may make such clianges in the proposed bound- aries as they may find to be proper, and shall de- fine and establish such boundaries; provided, that said board shall not modify said boundaries so as to except from the operation of this act any terri- tory within the boundaries of the proposed district which is susceptible of drainage by the same sys- tem of works applicable to the other lands in such proposed district; nor shall any land which will not, in the judgment of said board, be benefited by drainage by such system, be subjected to the operation of this act; provided, that any person whose lands are susceptible of drainage by the Draiuage. 283 same system of works, may, in the discretion of the board, upon application of the owner, have such lands included in such district. Said board shall, when requested in tlie petition by its order, divide such district into three or more divisions, as nearly equal in size as practicable, which di- visions (shall be numbered consecutively, and one director and one assessment commissioner, each of whom shall be an elector and a resident free- holder of the division, shall be elected by each di- vision; proviued, that when requested in the pe- tition, three directors and three assessment com- mi,ssioners, residents, electors, and freeholders of the district, shall be elected at large by the quali- fied electors of the district. Said board of super- visors shall then establish a convenient number of election precincts for said proposed district, de- fine the boundaries thereof, and designate the poll- ing places therein, which precincts and polling places may thereafter be changed by the board of directors. The board of supervisors shall also ap- point for each precinct, from the electors thereof, one inspector and two judges, who shall consti- tute a board of election for such precinct, with the powers and duties hereinafter prescribed for lil^e boards in subsequent elections. Said board of supervisors shall then give notice of an elec- tion to be held in such proposed district for the purpose of determining whether or not" the same shall be organized under the provisions of this act. Such notice shall designate a name for such proposed district, and de- scribe the boundaries thereof and the boundaries of the precincts established therein, together with a designation of the polling place and board of election for each precinct; and shall require the electors of the proposed district to cast ballots which shall contain the words "Drainage District — Yes," or "Drainage District — No," or words equivalent thereto, and also the names of one or more persons (according to the divisions of the proposed district as prayed for in the petition and ordered by the board), to be voted for to fill the office of director, and one or more persons to fill the office of assessment commissioner. Such no- tice shall be published for at least three weeks jiCior.to such election in a newspaper within said 284 Drainage. county; and if any portion of such proposed dis- trict lie within another county or counties, said notice shall also be similarly published in a news- paper published within each of said counties. No person shall be entitled to vote at any election held under the provisions of this act unless he shall possess all the qualifications required of electors under the general election laws of this state; provided, that any person owning land within such district, wherever resident in this state, shall be entitled to vote at any election held in such district under the provisions of this act. Except as herein provided, such election shall be conducted, as nearly as practicable, in accordance witk the general election laws of this state; pro- vided, that no particular form of ballot shall be required. Sec. 4. The said board of supervisors shall, on the first Monday succeeding such election, if then in session, or at its next succeeding general or special session, proceed to canvass the votes cast thereat, and if, upon such canvass, it appear that at least two-thirds of all the votes cast are "Drain- age District— Yes," the board shall, by an order, entered in its minutes, declare such territory duly organized as a drainage district, under the name theretofore designated, and shall declare the per- sons receiving, respectively, the highest number of votes for directors and assessment commission- ers, to be duly elected to such offices. And no ac- tion shall be commenced, or maintained, or de- fense made, affecting the validity of the organiza- tion of such district, unless the same shall have been commenced or made within two years after the mailing and entering of said order. Said board sliall cause a copy of such order, duly cer- tified, to be immediately filed for record in the office of county recorder of each county in which any portion of such lands are situated, and must also immediately forward a like copy thereof to the clerk of the board of supervisors of each of the counties in which any portion of the district may lie; and no board of supervisors of any county in- cluding any portion of such district shall after the date of the organization of such district, allow another district to be formed, including any of the lands in such district without the Drainage. 28o consent of the board of directors thereof; and from and after the date of such fil- ing the organization of such district shall be complete, and the offl-cers, thereof shall upon qualifying in accordance with law, be en- titled to enter upon the duties of their respective offices, and shall hold such offices, respectively, until their successors are elected and qualified. Sec. 5, In each district organized as herein pro- vided, an election shall be held in each second year thereafter, on the same day on which the first election in such district was held, at which a board of directors for the district, and also, when so ordered by the board of directors, assessment commissioners, as provided in section three of this act, shall be elected. The person receiving the highest number of votes for any office to be filled at such election, is elected thereto. Within ten days after receiving tlieir respective certificates of election each of said persons shall take and sub- scribe the official oath, to be indorsed upon their respective certificates, which shall be filed in the office of the board of directors. Each assessment commissioner shall execute an official bond in the sum of one thousand dollars, which shall be ap- proved by, and filed with the board of directors, and each director shall execute an official bond in the sum of five thousand dollars, which shall be approved by the judge of the superior court of the county where the organization of the district was effected, and shall be recorded in the office of the county recorder of such county, and filed with the secretary of the board of directors. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. Sec. 6. Fifteen days before any election held under this act, subsequent to the organization of any district, the secretary of the board of di- rectors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in a conspicuous place in tlie office of said board, which shall be established and kept at the county seat of the co u nty where the organization of the district ef- fe^-ed, specifying the officers to be elected, the 286 Drainage. polling places of each precinct, and tlie names of the members of the boards of election, for each pre- cinct. Prior to the time for posting such notices the board must appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for such precinct. If the board fail to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the place within each precinct where the election must be held. Sec, 7. The inspector is chairman of the election board, and may: First— Administer all oaths required in the prog- ress of an election. Second— Appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of elec- tion, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. The board of election for each precinct must, before opening the polls, appoint two persons to act as clerks of the elec- tion. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be open at nine o'clock A. M., and kept open until four o'clock P. M., when the same must be closed. The provisions of the Political Code re- lating to the form of ballots to be used shall not apply to elections held under this act. Sec. 8. Voting may commence as soon as the polls are open and may be continued during all the time the polls remain open, and shall be con- ducted as nearly as practicable in accordance with the provisions of chapter nine of title two of part three of the Political Code of this State, As soon as the polls are closed, the judges shall open the ballot-box, and commence counting the votes; and in no case shall the ballot-box be removed from the room or place where the election is held, until Drainage. 287 all the ballots have been counted, which counting shall in all cases be public. The ballots shall be taken out one at a time by the inspector or one of the judges, who shall open the same, and read aloud the names of each person thereon, and the office for which name is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of votes shall be continued, without ad- journment, until all have been counted. Sec. 9. As soon as all the votes are read off and counted, a certificate shall be indorsed on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each person voted for has received, and designating the office to fill which such person was voted for, which number shall be written in figures and words at full length. Each certificate shall be signed by the clerls:, judge, and inspector. One of said certificates, with the poll list and tally paper to which it is attached, shall be retained by the inspector, and by him preserved for six months. The ballots shall be strung upon a thread by the inspector during the counting thereof, in the order in which they are entered upon the tally list by the clerks, and such ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks and indorsed ''Election returns of (naming the precinct) precinct," and be directed to the sec- retary of the board of directors, and shall be im- mediately delivered by the inspector or by some other safe and responsible carrier, designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months; and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of such precinct. Sec. 10. The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such re- ^Mrit, showing: 288 Drainage. First— The whole number of votes cast in the district, and in each division of the district. Second— The names of the persons voted for. Third— The office to fill which each person was voted for. Fourth— The number of votes given in each pre- cinct to each of such persons. Fifth— The number of votes given in each divi- sion for the office of director and for assessment commissioner. The board of directors must de- clare elected the persons having the highest num- ber of votes given for each office. The secretary must immediately make out and deliver to such person a certificate of election, signed by him, and authenticated with the seal of the board. In case of vacancy in the office of assessment commis- sioner, the vacancy shall be filled by appointment by the Board of Supervisors of the county where organization was etfected. An officer appointed as above provided shall hold such office until the next regular election for said district and until his successor is elected and qualified. Sec. 11. On the first Wednesday in the month next following their election, the directors shall meet and organize as a board, elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The board shall have the power, and it shall be their duty to manage and conduct the bus- iness and affairs of the district; malie and exe- cute all necessary contracts, employ and appoint, when necessary, engineers to survey, plan, locate, and estimate the cost of the" worlds necessary for drainage, and the land needed for right of way, including drains, canals, sluices, watergates, em- banliments, and material for construction, and to construct, maintain, and keep in repair all works necessary for the purpose of drainage, and gener- ally to perform all such acts as shall be necessary to fully carry out the purposes of this act. The board may establish equitable by-laws, rules, and regulations necessary or proper for carrying on the business herein contemplated. Sec. 12. The board of directors shall hold regular meetings at their office on the first Tuesday in March, June, September, and December, and such special meetings as may be required for the prop- Drainage. 289 er transaction of business; provided, that all spe- cial meetings must be ordered by a majority of the board by an order entered in the minutes specify- ing the business to be transacted. Three days' no- tice to any member not joining in the order must lie given by the secretary, and only the business specified in the order must be transacted at such special meeting. All meetings of the board must be public, and a majority of members shall con- stitute a quorum for tne transaction of business. A minute of all proceedings of the board must be kept by the secretary, and all records of the board shall be open to inspection during business hours. The board and its agents and employes shall have the right to enter upon any land, to make surveys, and may locate the necessary drainage works, and the line for any canals, sluices, water-gates, and embankments, and the necessary branches for the same on any lands which may be deemed best for such location; and said board shall have the right to acquire, hold, and possess, either by donation, purchase, or condemnation, any land or other property, necessary for the construction, use, main- tenance, repair, and improvement of any works required for the purpose of drainage as provided herein. In case of condemnation, the board shall proceed in the name of the district under the pro- visions of title seven, of part three of the Code of Civil Procedure of this State, which said provi- sions are hereby made applicable for that purpose; and it is hereby declared that the use of property which may be condemned, taken, or appropriated under the provisions of tliis act, is a public use, subject to regulation and control of the State in the manner prescribed by law. Sec. 13. The legal title to all property acquired under the provisions of this act shall vest in such district, and shall be held by the same in trust for, and the same is hereby dedicated and set apart to the uses and purposes set forth in this act, and said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess such property as herein provided. The said board is hereby authorized and empowered to take con- veyances or other assurances for all property ac- quired by it under the provisions of this act, in the B*«Qe. of such district, to and for the uses and Gen. Laws— 25 290 Drainage. purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law, or in equity, necessary or proper, in order to fully carry out the provisions of this act, and to enforce, maintain, protect, or to preserve any and all rights, privileges, and immunities cre- ated by this act, or acquired in pursuance thereof. And in all courts, actions, suits, and proceedings, the said board may sue, appear, and defend, in person or by attorney, and in the name of such drainage district. ' Sec. 14. Upon the adoption of a plan of drain- age by the board of directors of any district or- ganized under the provisions of this act, said board shall prepare an assessment book for such district, with proper headings, in which must be listed all lauds within the district, specifying in separate columns and under appropriate heads: First— The name or names of the owner or own- ers to whom the land is listed. If the name or names is not known to the board, the land shall be listed to "unknown owners." Second— A description of each forty-acre tract or lot by township, range, section, and fractional section, and wlien such tract or lot is not a con- gressional subdivision by metes and bounds or other description sufficient to identify it, giving the locality and an estimate of the number of acres. Third— City and town lots, naming the city or town, and tlie number and block, according to the system of numbering or designating in such city or town. Said assessment book shall also contain proper columns and headings for entries showing: First— The amount of assessments as fixed by the board of assessment commissioners on each forty-acre tract or lot, or fraction thereof. Second— The amount of assessment fixed by said commissioners on each citj^ and town lot. Third— All changes made by the board of direct- ors in such assessments when acting as a board of equalization. Fourth — The total amount of all assessments af- ter equalization by the board of directors. Fifth — Such other matters as the board of direct- ors may require. Drainage. 291 Sec. 15. The board of directors shall deliver the assessment book, when completed, to the board of assessment commissioners, together with a re- port showing the total estimated cost, including ex- penses of organization and of pnrcliases or con- demnation of property, of the work contemplated in the plan of drainage adopted for the district, and the estimated cost for repairs, and the inci- dental expenses of such district, for the ensuing ten years. The board of assessment commission- ers shall thereupon, as soon as practical, proceed to ascertain, determine, and assess upon each for- ty-acre tract, or fraction thereof, and each city or town lot. within the district, an assessment in proportion to the entire cost, as estimated by the board of directors, and the benefits to be derived from drainage to each tract, fraction, city, or town lot, and enter such amount, estimated, in United States gold coin, in the proper column in the said assessment book, and return the same, with the columns added up, to the board of directors. The board of directors must immediately give notice of the reception of said assessment, and of the tiipe they, acting as a board of equalization, will meet to equalize assessments, by publication in a news- paper published in each of the counties comprising the district. The time fixed for such meeting shall not be less than ten nor more than twenty days from the first publication of the notice, and in the meantime the assessment book must remain in the office of the board for the inspection of all per- sons interested. Sec. 16. Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day (excluding Sundays) as long as necessary, not to exceed ten days, to hear and determine such ob- jections to the valuation and assessment as may come before them, and to equalize the assessment and the board may change the valuation as may be just. The secretary of the board must be pres- ent during its sessions, and note all changes made in the assessment, and in the names of the persons whose property is assessed; and within ten days After the close of the session he shall have the 292 Drainage. total values and assessments, as finally equalized by the board, extended into columns and added up. The sums tlius fixed against each forty-acre tract, or fraction thereof, and against each city and town lot, shall be the basis for all assessments within such district for the next ensuing ten years; pro- vided, that the board of directors may thereafter, whenever in tlieir judgment a new assessment of all the land within the district becomes necessary, order such new assessment to be made either by the same board of assessment commissioners or by a new board to be elected for that purpose at the next ensuing regular election in such district. In tlie latter case, notice shall be given for the elec- tion of such board of assessment commissioners, and such election shall be conducted in all respects as herein provided for the election of such board in the first instance. Sec. 17. The board shall then determine the por- tion of the costs and expenses estimated, as pro- vided in section fifteen of this act, it will be neces- sary to raise for the ensuing fiscal year, and shall levy an assessment upon the equalized sums charged upon each tract or lot listed in the assess- ment book sufficient to raise the amount so deter- mined; and shall annually thereafter, whenever further assessments for such purposes are neces- sary, levy the same in like manner. The secretary of the board must compute and enter, in a sepa- rate column of the assessment book, the respective sums, in dollars and cents, to be paid on each tract and lot therein enumerated. AA^hen collected, the assessment shall be paid into the county treasury of the county where the district was organized, and the County Treasurer of said county is here- by authorized and required to receive and receipt for the same, and place the same to the credit of the district, in a fund to be called the "Fund of Drainage District," and shall be responsible upon his oflicial bond for the safe-keeping and dis- bursement of the same, as in this act provided. He shall pay out of the same only upon warrants of the board of directors, signed by the president and attested by the secretary. The treasurer shall report in writing, at each regular meeting of the board of directors, and as often thereafter as re- quested by the board, the amount of money in the Drainage. 293 fund, the amount of receipts since his last report, and the amounts paid out; such reports shall be verified and filed with the secretary of the board. Sec. 18. The assessment authorized by the pre- ceding section is a lien against the property as- sessed from and after the date when the same is made and entered in the assessment boolv, as pro- vided in said section, and such lien shall continue until such assessment is paid, or the property as- sessed is sold for the payment thereof. Sec. 19. The Tax Collector of the county where the district was organized is hereby constituted ex oflicio tax collector for the district, and the secre- tary of the board of directors must, as soon as practicable after the same is completed, deliver to such Tax Collector the assessment booli, who is hereby authorized and directed to receive and re- ceipt for the same, and within ten days thereafter publish a notice in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable at his ofliee, and, if not before paid, will become de- linquent at six o'clock P. M. on the last Monday in December next thereafter, when five per cent will be added to the amount thereof, which notice shall be published for a period of four weeks. The col- lector must mark the date of payment of any as- sessment in the assessment book opposite the name of the person paying, or the property on which the same is paid, and give a receipt to the person making such payment, specifying the amount of the^assessment and the amount paid, with a description of the property assessed. On the last Monday in December, at six o'clock P. M. of each year, all unpaid assessments are delin- quent; and thereafter the collector must collect thereon an addition of five per cent for the use of the district. Sec. 20. On or before the first day of February, the collector must publish the delinquent list, which must contain the names of the persons, or as "unknown," where the same is not known, and a description of the property delinquent, and the amount of the assessments and costs due opposite each name and description. He must attend to ^d publish, with the delinquent list, a notice that unless the delinquent assessments, together with 294 Drainage. costs and percentage, are paid, the property as- sessed will be sold at public auction. The publi- cation must be made once a weeli for three suc- cessive weelvs, in a newspaper in each county in which the property on which the assessment is de- linquent is situated. The publication must desig- nate the time and place of sale. The time of sale must not be less than twenty-one nor more than tAventy-eight days from the first publication, and the place must be in front of the court-house of the county where the district was organized. Sec. 21. The collector must collect, in addition to the assessments due on the delinquent list and five per cent added, fifty cents on each lot, piece, or tract separately assessed, one-half of which must go to the district and the other to the collec- tor for preparing the list. On the day fixed for the sale, or some subsequent day, to which he may have postponed the sale, of which he must give notice, the collector, betAveen the hours of ten A. M. and three o'clock P. M., must commence the sale of the property advertised, commencing at the head of the list and continuing alphabetically, or in the numerical order of the lots or bloclis, until completed. He may postpone the day of com- mencing sales or sale from day to day, but the same must be completed within three weeks from tlie day first fixed. If any sale or sales be stayed by judicial process, the time of such stay is not part of the time limited for making such sale or sales. Sec. 22. The owner or person in possession of any property offered for sale for assessments due thereon, may designate in writing to the collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if such person does not, then the collector may designate it. and the person who Avill take the least quantity of the land, or in case an undivided interest is as- sessed, then the smallest portion of the interest, and pay the assessments and costs due, including two dollars to the collector for the duplicate cer- tificate of sale, is the purchaser. If the purchaser does not pay the assessments and costs before ten o'clock A. M. the following day, the property on the next sale day must be resold for the assess- ments and costs. In case there is no purchaser in Drainage. 295 good faith for the property on the first day it is offered for sale, then when the same is offered thereafter for sale, and there is no purchaser in good faith, the entire property assessed shall be struck off to the drainage district, within which the tract, parcel, or lot is situated, as the pur- chaser, and the duplicate certificate of sale deliv- ered to the treasurer of the district, and filed by him in his office. No charge shall be made for the duplicate certificate where the district is the pur- chaser, and in such case the collector shall malie an entry, "sold to the district," and he shall be credited with the amount thereof in his settlement. A drainage district as purchaser, at such sale, shall be entitled to the same rights as an individ- ual purchaser, and the title so acquired by the dis- trict, subject to the right of redemption herein provided, may be conveyed by deed, executed and aclinowledged by the president and secretary of the board of directors; provided, that authority to so convey must be confirmed by resolution of the board, entered on its minutes, fixing the price, not less than the reasonable marliet value of the property, which shall not be sold at less than the price fixed. After receiving tlie amount of assess- ments and costs, the collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person as- sessed, a description of the land sold, the amount paid therefor, that it was sold for assessments giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed. The certificate must be signed by the collector, and one copy delivered to the pur- chaser and the other filed in the office of the County Recorder of the county in which the land is situated. Sec. 23. Before delivering any certificate the collector must, in a book, enter a description of the land sold, corresponding with the description in the certificate, the date of the sale, purchasers' names and amount paid, regularly number the de- scription on the margin of the book, and put a corresponding number on the certificate. Such book must be open to public inspection without f«^. during office hours when not in actual use. On filing the certificate with such County Record- 296 Drainage. er, the lien of the assessments vests with the pur- chaser, and is only divested by payment to him or to tlie collector for his use, the purchase money, and two per cent per month from the day of sale until redemption. Sec. 24. A redemption of the property sold may be made by the owner, or any party in interest within twelve months from the date of -purchase; redemption must be made in gold or silver coin as provided for the collection of state and county taxes, and when made to the collector he must credit tlie amount paid to the person named in the certificate, and pay it on demand to such per- son or his assignee, in each report the collector makes to the board of directors, he must name the person entitled to redemption money, and the amount due to each. On receiving the certificate of sale, the County Recorder must file it, and make an entry in a book similar to that required of the collector. On presentation of the receipt of the person named in the certificate, or of the collector for his use of the total amount of redemption money, the Recorder must mark the word "re- deemed." the date, and by whom redeemed on the certificate, and on the margin of the book where the entry of the certificate is made. If the property is not redeemed within twelve months from the same, the collector or his successor in ottice must make to the purchaser or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during the time allowed by law for its redemption. The collector shall receive from the grantee, for the use of the district, two dollars for making such deed. Sec. 25. The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evi- dence that: First— The property was assessed as required by law. Second— That the property was equalized as re- quired by law. Third— That the assessments were levied in ac- cordance with law. Fourth— The assessments were not paid. Drainage. 297 Fifth— That at a proper time and place the prop- erty was sold as prescribed by law, and by the proper officer. Sixth— That the property w^as not redeemed. Seventh— The person who executed the deed was the proper officer. Such deed duly acknowledged or proved (except as against actual fraud) is conclusive evidence of the regularity of all proceedings from the assess- ment by the board of assessment commissioners, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein, free of all incum- brances, except wlien tlie land is owned by the United States or by this State, in which case it is prima facie evidence of the right of concession. Sec. 26. The assessment booli, or delinquent list, or a copy thereof, certified by the collector, show- ing unpaid assessments, against any property, is prima facie evidence of the assessment, the prop- erty assessed, the delinquency, the amount of as- sessments due and unpaid, and that all forms of law in relation to the assessment and levy of such assessments have been complied with. Sec. 27. When land is sold for assessments cor- rectly imposed, as the property of a particular per- son, no misnomer of the owner or supposed owner, or other mistal^e relating to the ownership thereof, affects the sale or renders it void or voidable. Sec. 28. On the first Monday of each month, the collector must settle with the secretary of the board for all moneys collected for assessments, and pay the same over to the treasurer; and within six days thereafter he must deliver to, and file in the office of the secretary a statement, under oath, showing: First— An account of all transactions and re- ceipts since his last settlement. Second— That all money collected by him as col- lector has been paid. He shall also file in the offi'ce of the secretary on each settlement the receipt of the treasurer for the money so paid. The collector shall be accountable, upon his official bond, for all moneys collected by him, and for the faithful performance of all duties tIBfjosed upon him by this act. 298 Drainage. Sec. 29. The board of directors shall have power to construct the works necessary for drainage pur- poses across any street, avenue, highway, railway, canal, ditch, or flume which the route of said works may intersect or cross, in such manner as to afford security for life and property; and shall restore the same, when crossed or intersected, to its for- mer state as near as may be, or in such manner as not to have impaired, unnecessarily, its useful- ness. Every company whose railroad, and the Board of Supervisors, where any public highway shall be intersected or crossed by said works, shall unite with said board of directors in forming such intersections and crossings, and grant the privi- lege aforesaid: and if said railroad company, or said Board of Supervisors, or the owners and con- trollers of said property, thing, or franchise so to be intersected or crossed, and said board of direct- ors, cannot agree upon the amount to be paid there- for, or the points or manner of such crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in re- spect to the taking property by condemnation. The riglit of way is hereby given, dedicated, and set apart to locate, construct, and maintain such necessary drainage works over and through any lands which are now or may be the property of this State. Sec. 30. All claims against the district must be presented to the board for audit and allowance, and if legal charges against the district, the same must be paid by the treasurer, on warrants of the district, signed by the president of the board, and countersigned by the secretary; provided, that the board shall not have power to audit or allow any claim against the district, or to draw any warrant for the payment of the same, which shall exceed in any fiscal year the revenue provided for such fiscal year. Sec. 31. Each member of the board of directors shall receive three dollars per day for each day's attendance at the meetings of the board, and ac- tual and necessary expenses paid while engaged in oflicial business under the order of the board. The board shall fix the compensation of the assess- ment commissioners, secretary, treasurer, and col- lector, which shall be paid out of the treasury of Drainage. 299 the district in like manner as other expenses are paid. Sec. 32. None of the provisions of this act shall be construed as repealing or in anywise modify- ing the provisions of any other act relating to the subject of drainage. Sec. 33. This act shall take effect from and after its passage. An Act to provide a system of drainage for agri- cultural, swamp, and overflowed lands. [Approved March 3, 1881; Stats. 1881, 15.] Duty of Supervisors. Section 1. Whenever two or more landowners shall petition the Board of Supervisors for a ditch, drain, or other watercourses, defining the place of beginning, and the lands through which it or they are to pass to their outlets, and state their esti- mated course, and shall give said Supervisors good and sufficient bonds for the payment of all costs that may accrue (provided said petition should not be granted), said Supervisors shall, within thirty days of the presentation of said petition, appoint a day for the hearing of the same; they shall also cause to be published, in some news- paper having a general circulation in the county, a copy of said petition, together with the time and place set to hear and answer said petition. Duty of Surveyor. Sec. 2. Said Supervisors shall also direct the county surveyor to survey the line of said propos- ed ditch, or water-way, taking notes of the descent of the land, and report to them on or before said day of hearing the descent, if any, between the head and outlet of said ditch, together with a list of the intermediate grades, and the lands or inter- ests to be affected thereby, and such other inform- ation as may come under his notice on the subject. In locating such ditches or drains, when practica- ble, they s^hall be located on section or subdivision lines. Costs, wlien paid by petitioners. Sec. 3. If, on the day of hearing, the Supervis- «^^s ^hall find the location of said ditch impractic- 300 Drainage. able, for causes hereinafter described, the costs shall be collected from the petitioners or their bondsmen. When ditch to be constructed. Sec. 4. If the Supervisors shall, on hearing the petition, find that the construction of the ditch would be conducive to the general welfare of the landowners so petitioning, and not inconsistent with the rights and privileges of other contiguous territory, to construct drains or ditches, and if the surveyor reported sufficient fall to make the ditch available, then the supervisors shall, in their dis- cretion, grant the prayer of the petitioners, and shall proceed to examine the lands affected by it^ and shall cause said ditch to be surveyed, and stakes set every one hundred feet, and cause a journal to be made of the depth and width to be excavated at each stake. Apportionment of work. Sec. 5. Said Supervisors shall then apportion the excavation of said ditch to the lauds affected there- by, according to the benefits received, after notice to the owners of the time of making such appor- tionment, and giving to each a hearing. They shall also, in like manner, apportion the cost of locating, including right of way (when not donated), in lawful money of the United States, and shall ap- point a day for the hearing of exceptions to the apportionment. On the second hearing they shall apportion the cost and labor of said ditch to the land affected thereby; but no Supervisor who is directly or indirectly interested in such ditch shall talve part in such apportionment. Notice to landowners. Sec. 6. The board shall then give notice, in writ- ing, to all the resident landowners of the part of ditch apportioned to them, as described by the stakes and their numbers, and of the specifications of tlie ditch, and also of the costs in money as ap- portioned to them; and if any of the owners or lands affected thereby are non-residents of the county, they shall cause to be printed, in a county newspaper having a general circulation, a copy of said apportionment, together with the time set for the completion of the work. Drainage. 301 Examination of work. Sec. 7. On the day set for the completion of the worli, or as soon thereafter as practicable (which shall be after a reasonable time), said Supervis- ors shall proceed to examine said ditch or ditches, and if, in their opinion, any portion thereof shall not be completed according to the specifications, they shall notify the person to whom said portion was awarded to complete the same within such time as they may designate. If not so completed at the expiration of the time specified, said Board of Supervisors shall advertise the construction of the same by posting notice in three conspicuous places within the territory affected by said ditch. Upon the day specified in said notice, said Super- visors shall proceed to let the same to the lowest responsible bidder, who shall give such bonds as shall be required by said board, and shall proceed to complete such works to the satisfaction of said board in the time agreed upon. The board shall report the cost of such work to the county audi- tor, who shall cause the amount thereof to be en- tered on the tax-books of the county, and the same shall be a tax upon said lands, which amount shall be collected the same as other taxes, and paid to the party performing such work. Disposal of funds. Sec. 8. The County Treasurer shall place such funds to the credit of each respective ditch fund, and shall pay out the same on warrants drawn by the Board of Supervisors. The treasurer shall receive as compensation for his services one per cent of all moneys by him disbursed under this act. Road overseer to have charge. Sec. 9. All ditches and drains constructed under the provisions of this act shall be in charge of the road overseer through whose district such drains are constructed. The Board of Supervisors shall, at their meeting in December of each year, advertise for bids to keep all ditclies and drains created under the provisions of said act clean and free from all rubbish, and graded to the original established grade for the period of one year. Said notice shall be given by publication in some paper o£^eneral circulation, published in said county, Gen. Laws— 26. 302 Drainage. for at least two months before the monthly meet- ing of said board in January. At which time the bids for doing said worli shall be opened and the contract awarded to the lowest responsible bidder, whose bid shall have been accompanied by a cer- tified checl<: for at least twenty-five per cent of his bid, and which shall be forfeited to the county if he shall fail, refuse, or neglect to file a bond, with two sufficient sureties, payable to said coun- ty within ten days. Any bidder to whom any con- tract has been awarded, who shall fail, refuse, or neglect to file the bond required by this act, shall be awarded to tlie next lowest responsible bidder, and so on until all bidders have had an oppor- tunity of complying with their bid, and the certi- fied checlv: of each bidder who shall have an op- portunity to talie such contract shall be forfeited to the county, and each bidder except the first shall file his bond within ten days after receiv- ing notice that he has been awarded the contract. If all the bidders shall fail, refuse, or neglect to file a bond and to complete said worli, the board shall have power to enter into a contract with any responsible party without advertising; provided, they shall have no power to award the contract for a greater sum than twenty-five per cent more than the lowest bid received upon such advertise- ment. The amount of said contract shall be levied against the lands in accordance with the appor- tionment when such ditch was originally con- structed, and shall be collected by the Tax Collec- tor at the same time and in the same manner as the state and county taxes are collected. [Amend- ment approved March 27, 1897; Stats. 1897, chap, clxiv.] Encroachments or obstructions. Sec. 10. Any person causing an encroachment or obstruction to any ditch or drain created under the provisions of this act, and failing to remove the same for the space of twenty-four hours after no- tice shall have been given to such person by the road-master, if he can be found in the county, otherwise by posting by him, at or near the place of encroachment or obstruction, may be fined not exceeding two hundred dollars, or imprisoned not more than thirty days in the county jail, or by Drainage. 303 both such fine and imprisonment. The fines so col- lected shall be placed to the credit of the district road fund where such encroachment or obstruction is had, and proceedings for such offenses may be had before any court of competent Jurisdiction. Construction. Sec. 11. The provisions of this act shall not be construed so as to permit waters to be carried out of their natural course to augment other streams or drains, to the damage of the residents along the banks of the streams or drains so augmented. Condemnation. Sec. 12. Whenever the board of supervisors can- not purchase, at a reasonable price, or procure the right of way, or procure the consent of all parties interested to join or connect with any existing ditches or outlets, the president of the board may proceed to condemn the same under the provisions of Title VII., Part III., of the Code of Civil Pro- cedure, and amendments thereto, which are now existing or may hereafter be made, at the expense of the parties so petitioning. Sec. 13. This act shall take effect and be in force from and after its passage. 304 , Education. F Q j}' TITLE 75. EDUCATION. See Colleges. An Act to encourage and provide for the dissem- ination of a knowledge of the arts, sciences, and general literature, and the founding, main- taining, and perpetuating public libraries, mu- seums, and galleries of art, and the receipt of donations and contributions thereto when es- tablished; for the conveyance, holding, and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appro- priate to such purposes, and for the creation of trusts necessary or proper for the better pres- ervation of such institutions, and the control and management thereof. [Approved March 5, 1887; 1887, 26.] Manner of conveying gifts for dissemination of knowledge of arts, etc. Section 1. Any person intending in his lifetime, or by will or trust deed, to operate, after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the difL'usion of mechanical, scien- tific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of tliis act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works for such public library, or any museum, or gallery of art in this State, and such gift or grant may also express and shall be con- strued to be a convej^^nce of the future additions and accretions thereof; and he may also in like manner, to that end, and for such purpose, convey by grant to such trustee or trustees any real prop- erty within this State belonging to him, which may be necessary or proper for 'the erection and Education. 305 maintenance of buildings suitable to such institu- tion, and the buildings erected thereon, with grounds conveniently adjacent thereto, and other lands, tenements, and hereditaments for the pur- pose of producing an income for the support and maintenance of such institutions, or any of them, and any collateral burdens which may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also per- sonal property of all descriptions, which may sub- serve the purposes of the institution and mainte- nance of any such library, museum, or gallery of art. Gifts by other than founder. Sec. 2. Any contributions or gifts by any other person than the founder, or any property suitable to the general plan or support of any institution mentioned in the title of this act, shall immedi- ately vest in the trustees, and become incorpo- rated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor. Sec. 3. The person making such gift, grant, or conveyance, as founder, may therein designate,— 1. The name by which the institution so found- ed and maintained shall be known. 2. Its nature, object, and purposes. 3. The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judgment, may be necessary more effectually to carry out the purposes of such insti- tution. 4. The mode and manner and by whom the suc- cessors to the trustees named in the gift or grant shall be appointed. 5. Such rules and regulations for the manage- ment of such institution, and the furtherance of its purposes, as the grantor may elect to prescribe; but such rules and regulations shall, unless the grant shall otherwise prescribe, be deemed advis- ory only, and shall not preclude such trustees or their successors from making such changes as new conditions may. from time to time, require. 0. The place or places where the necessary buildings shall be erected, and the general charac- ter thereof. The person making such grant may 306 Education. therein provide for all otlier things necessary and proper to carry out the purposes thereof, or other- wise, by his last will or testament. Sec. 4. The trustees named in such gift or grant, and their successors, may, in the name of such in- stitution designated in the gift or grant, sue and defend in relation to the trust property, and to all matters affecting the institution so founded and established. Privileges granted to founder. Sec. 5. By a provision in such gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and in- crease thereof, and in respect to the erection, main- tenance, and management of any buildings auxili- ary thereto, and in respect to any property con- nected with such institution, to reserve to himself a veto and right of annulment or modification of any act of such trustees, in case he shall, within thirty days after notice of the performance of such act, tile in the office of said trustees, or deliver to tlieir president or principal officer, a notice in writ- ing, of such veto, annulment, or modification, and upon a lilve notice, in conformity with a provision in such gift or grant, he may elect to perform during his life all tlie powers which, by the terms thereof, are vested in or enjoined upon the trus- tees therein named, and their successors; provided, that upon the death or disability to act of the founder and grantor, such powers and duties shall be devolved upon, and be exercised by, the trus- tees named in the gift or grant, and their succes- sors. Such person may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trusts therein cre- ated in respect to such institution, its buildings, and the property conveyed therefor. IClection of officers and compensation. Sec. 6. The founder shall have power in said deed of trust to name and describe the character and personality of any one or more of the immedi- ate or future trustees, the librarian, and other offi- cers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and Education. 307 to declare and limit any compensation, and fix the character and method of such compensation, he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or gen- eral duties shall be imposed. Gift, how recorded. Sec. 7. Any such gift or grant may be executed, acknowledged, and recorded in the manner now or hereafter provided by law for the execution, ac- knowledgment, and recording of grants of real property. Time of commencing suit. Sec. 8. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said gift, grant, or convey- ance or to affect the title to the property conveyed, or the right to the possession or to the rents, is- sues, and profits thereof, unless the same be com- menced within two years after the date of the fil- ing of such grant for record. Founder may bequeath to State of California. Sec. 9. Any person, being the founder;, making a gift or grant for any of the purposes mentioned in this act, may, at any time thereafter, by last will or testament, devise or bequeath to the State of California all or any of the property, real, and personal, mentioned in such gift or grant, or in any such supplemental thereto, and such devise or bequest shall take effect in case, from any cause whatever, the gift or grant shall be annulled or set aside, or the trusts therein declared shall for any reason fail. Such devise or bequest is hereby suffered to be made by way of assurance that the intentions of the grantor shall be carried out, and in the faith that the State, in case it shall succeed to the property, or any part thereof, will, to the extent and value of such property, carry out, in respect to the objects and purposes of any such grant, all the wishes and intentions of the grantor. Liberal construction of provisions. Sec. 10. The provisions of this act shall be liberally construed, with a view to effect its ob- jects and purposes, and the singular number in the construction thereof shall be deemed to in- 308 Education. elude the plural, and the plural number shall be deemed to include the singular. Universities, colleges, schools, etc. Sec. 11. Nothing in this act shall repeal, mod- ify, change, or have any effect upon any of the pro- visions of an act of the legislature of the State of Cahfornia entitled "An Act to advance learning, the arts and sciences, and to promote the public welfare by providing for the conveyance, holding, and protection of property, and the creation of trusts for the funding, endowment, erection, and maintenance, within this State, of universities, col- leges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approv- ed March ninth, eighteen hundred and eighty-five. Sec. 12. This act shall take effect immediately. An Act to advance learning, the arts and sciences, and to promote the public welfare, by provid- ing for tlie conveyance, liolding, and protection of property, and the creation of trusts for the founding, endowment, erection, and mainte- nance within this State of universities, col- leges, scliools, seminaries of learning, mechani- cal institutes, museums, and galleries of art. [Approved March 9, 1885; 1885, 49.] Construction of act. Section 1. The provisions of this act shall be liberally construed with a view to effect its ob- jects and promote its purposes, and in the con- struction thereof the singular number shall be deemed to include the plural, and the plural shall be deemed to include the singular number, and the masculine gender shall be deemed to include the feminine. Grant. Sec. 2. Any person desiring in his lifetime to promote the public welfare by founding, endow- ing, and maintaining within this State a univer- sity, college, school, seminary of learning, mechani- cal institute, museum, botanic garden, public park, or gallery of art, or any or all thereof, may, to the end and for such purpose, by grant in writing convey to a trustee, or any number of trustees, Education. 309 named in such grant (and to their successors), any property, real or personal, belonging to such per- son and situated or being within this State; pro- vided, that if such person be married, and the property be community property, then both hus- band and wife must join in such grant. [Amend- ment approved March 31, 1891; Stats. 1891, 454.] Requisites. Sec. 3. The person malting such grant may therein designate: 1. The nature, object, and purposes of the insti- tution or institutions to be founded, endowed, and maintained; 2. Tlie name by which it or they shall be known; 3. The powers and duties of the trustees, and the manner in which they shall account, and to whom, if accounting be required; but such powers and duties shall not be held to be exclusive of other powers and duties which may be necessary to enable such trustees to fully carry out the ob- jects of such grant: 4. The mode and manner, and by whom, the suc- cessors to the trustee or trustees named in the grant are to be appointed: 5. Such rules and regulations for the manage- ment of the property convoyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribe, be deemed advisory only, and shall not preclude such trustees from making sucli changes as new conditions may from time TO time require; 6. The place or places where and the time when the buildings necessary and proper for the insti- tution or institutions shall be erected, and the character and extent thereof. The person making such grant may therein provide for all other things necessary and proper to carry out the pur- poses thereof, and especially may such person pro- vide for the trades and professions which shall be taught in such institutions, and the terms upon which deserving scholars of the public and private schools of the "various counties of this State may be admitted to all the privileges of such institu- tions, as a reward for meritorious conduct and good scholarship; and also for maintaining free scholarships for children of persons who have ren- 310 Education. dered service to or who lia.ve died in the service of this State; and also for maintaining free scholar- ships for cliildren of mechanics, tradesmen, and laborers, who have died without leaving means sufficient to give such children a practical educa- tion, fitting them for the useful trades or arts; and also the terms and conditions upon which students in the public and private schools, and other de- serving persons, may, without cost to themselves, attend the lectures of any university established; and also the terms and conditions upon which the museums, and art galleries, and conservatories of music, connected with any such institution, shall be open to all deserving persons without charge, and without their becoming students of the insti- tution. Actions by trustees. Sec. 4. The trustee or trustees named in such grant, and their successors, may, in the name of the institution or institutions, as designated in such grant, sue and defend, in relation to the trust property, and in relation to all matters affecting the institution or institutions endowed dnd estab- lished by such grant. Grantor as trustee. Sec. 5. The person making such grant, by a pro- vision therein, may elect, in relation to the prop- erty conveyed, and in relation to the erection, maintenance, and management of such institution or institutions, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees named. If the person making such grant, and making the election afore- said, be a married person, such person may fur- ther provide that if the wife of such person sur- vive him, then such wife, during her life, may, in relation to the property conveyed, and in relation to the erection, maintenance, and management of such institution or institutions, perform all the du- ties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named; and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees th erein n amed shall be exercised and performed Education. 311 by the person making such grant, or by his wife, during his or her life, as the case may be; pro- vided, however, that upon the death of such per- son, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. Amending grant. Sec. 6. The person making such grant may tliereiu reserve the right to alter, amend, or mod- ify the terms and conditions thereof, and the trusts therein created, in respect to any of the matters mentioned or referred to in subdivisions one to six, inclusive, of section two hereof; and may also therein reserve the right, during the life of such person or persons, of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real prop- erty conveyed, without liability to account there- for in any manner whatever, and without any lia- bility over against the estate of such person; and if any such person be married, such person may, in said grant, further provide that if his wife sur- vive him, then such wife, during her life, may have the same absolute dominion over such per- sonal property, and such rents, issues, and profits, without liability to account therefor in any man- ner whatever, and without liability over against the estate of either of the spouses. Custody of minors. Sec. 7. The person making such grant may therein provide that the trustees named in the grant, and their successors, may, in the name of the institution or institutions, become the custo- dian of the person of minors, and when any such provision is made in a grant, the trustees and their successors may take such custody and control in the manner and for the time and in accordance with the provisions of sections two hundred and sixty-four to two hundred and seventy-six, inclu- sive, of the Civil Code of the state of California. Execution of grant. Sec. S. Any such grant may be executed, ac- knowledged, and recorded in the same manner as is now provided by law for the execution, ac- Imowledgment, and recording of grants of real property. 312 Education. Annulling grant. Sec. 9. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said conveyance, or to affect tLe title to the property conveyed, or the right to tlie possession, or to the rents, issues, and profits thereof, unless tlie same be commenced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, action, or proceedings commenced by the trustee or trustees named in said grant, or their succes- sors, privies, or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby con- veyed, or the right to the possession, or the rents, issues, and profits thereof, unless such defense is made in a suit, action, or proceeding commenced within two years after such grant shall have been filed for record. Exemption from execution. Sec. 10. The property conveyed by such grant shall not, after a lapse of two j^ears from the date of the tiling for record of the grant, be subject to forced sale, under execution, or judicial proceed- ings of any kind, against the grantor or his privies, unless the action under which the execution shall be issued, or the proceedings under which the sale shall be ordered, shall have been commenced Avithiu two years after such grant shall have been filed for record. Nor shall such property be sub- ject to execution or forced sale under any judg- ment obtained in any proceedings instituted with- in said two years, if there be other property of the grantor, subject to execution or forced sale suflB- cieut to satisfy such judgment; provided, nothing in this section contained shall be construed to af- fect mechanics' or laborers' liens. Bequest to state. Sec. 11. Any person or persons making any such grant may, at any time thereafter, by last will or testament, devise and bequeath to the state of California all or any of the property, real and personal, mentioned in such grant, or in any sup- plemental grant, and such devise or bequest shall only take effect in case, from any cause whatever, the grant shall be annulled or set aside, or the El Dorado County— Elections. 313 trusts therein declared shall for any reason fail. Such devise and bequest is hereby permitted to be made by way of assurance that the wishes of the grantor or grantors shall be carried out, and in the faith that the state, in case it succeeds to the property, or any part thereof, will, to the ex- tent and value of such property, carry out, in re- spect to the objects and purposes of any such grant, all the wishes and intentions of the grantor or grantors; provided, that no wish, direction, act, or condition expressed, made, or given by any grantor or grantors, under or by virtue of this act, as to religious instruction to be given in such school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the ex- ercise of religious belief, on the part of any pupil or pupils of such school or institution of learning, shall be binding upon the state; nor shall the state enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition. Sec. 12. This act shall be in force from and after its passage. TITLE 76. EL DORADO COUNTY. A reference to local acts relating to El Dorado county can be found in Deering's Annotated Pe- nal Code, pp. 485-487. TITLE 77. ELECTIONS. Acts relating to: See Penal Code, Appendix, title, Elections, p. 543; Political Code, Appendix, title. Elections, p. 961. Gen. Laws — 27. ^14 Emigration— Estates of Deceased Persons. TITLE 78. EMIGRATION. An act to promote emigration from ttie state of California. [Approved March 26, 1880; 1880, 15 (Ban. ed. 50).] To promote emigration from the state. Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company, or firm or corporation, that may be engaged in this state in the transportation of passengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticliet or tickets to any foreign country for the reason that he or they have not presented a certif- icate, card, or other document whatsoever show- ing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, company, corporation, association, or individual, or firm; and any person or corporation who shall violate the provisions of this section, or in pursuance of any agreement, oral or written, refuse to sell a passage ticl^et to any person to any foreign coun- try, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dol- lars; provided, that nothing in this section shall be construed in any manner to apply to any pass- port or other document required by law to be pre- sented, having the signature or seal of any for- eign consul resident within this state. Sec. 2. This act shall talie efCect on and after its passage. TITLE 79. ESTATES OP^ DECEASED PERSONS. Acts relating to: See Code of Civil Procedure, Appendix, title. Estates of Deceased Persons, p. 814. !^/ Estrays. 315 TITLE 80. ESTRAYS. An act relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. [Stat, approved March 27, 1897; Stats. 1897, chap, cxxxvii.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Any person finding at any time any jf estray domestic animal or animals upon his prem- "^ ises or highways adjacent thereto may take up the ^J same, and no person shall remove them from the y possession of the talier-up, or from the possession ^ of the officer to whom they may have been deliv- ered, except as hereinafter provided. Sec. 2. Any person taking up an estray animal or animals, shall confine the same in a secure place, and within five days file with the county re- corder of the county in which such estray is found, a notice containing a description of the ani- mal or animals fallen up, with the marks and brands, if they have any, together with the prob- able value of each animal, and a statement of the place where the taker-up found, and where he has confined the same. The county recorder shall re- ceive for filing said notice the sum of fifty cents. Sec. 8. At any time within thirty days from the date of the filing of the notice specified in section two of this act. any person claiming such estray animal or animals, shall appear before a justice of the peace of the township wherein said animal or animals were found, and make claim for such estray animal or animals. The justice shall enter such claim in his docket, and shall notify the taker-up; and within five days after the making of such claim, the justice shall hear the claim and such evidence as may be produced by either party, and sliall determine the case according to the rights of the parties, both with reference to the o-wner-ship and possession of the estray animal or 316 Estrays. animals, and the compensation to be paid to the taker-up and the cost of the proceedings. Such compensation shall be estimated as follows: 1. The total amount paid by the taker-up to the county recorder. 2. The sum of fifteen cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer, or calf. 3. The sum of five cents per day for the care of each sheep, goat, hog, or other animal not here- inbefore specified. The sum of one dollar shall be paid to the jus- tice of the peace, by the party or parties making such claim, for each claim made and entered by him as aforesaid, which shall be in full compen- sation for all services rendered by him in connec- tion with each claim so made. Sec. 4. If the owner does not appear and claim the animal or animals taken up within thirty days after the tiling of the notice hereinbefore men- tioned, tlien the taker-up shall, in writing, notify a constable of the township in which said animal or animals are held, which notice shall specify that he has complied with all of the provisions of this act, and that the owner of said animal or ani- mals has failed to appear and claim the same as herein provided, and that such animal or animals are held by him subject to sale. Said constable shall immediately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled to the same fees as are provided by law for sales under execution. Sec. 5. Out of the money realized for the sale of estrays, the constable shall first retain his fees; he shall then pay to the taker-up his costs and ex- penses estimated as provided in section three of this act, or so much thereof as the funds in his hands aa^II permit, and the surplus, if any, he shall pay to the county treasurer, to be held by him for the owner of the estray or estrays, for which it was received in payment. If any person or per- sons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold, that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the Explosives, 317 said board of supervisors shall order such sum to be paid over to such person or persons; and if not so proven witliin one year, then the same shall become a part of the common school fund of said county. Sec. G. All sales made by any constable, under the provisions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray so sold shall thereafter be barred from all right to recover the same. Sec. 7. The taker-up of an estray animal or ani- mals shall use reasonable care to preserve the same from injury, but if any estray animal or ani- mals die or escape from the possession of the taker-up at any time before tlie expiration of the time specified in section three of this act, the taker-up shall not be held liable in any manner on account of such animal. Sec. 8. Nothing in this act shall affect the laws or regulations in force or which may be in force regarding estrays, the poundkeeper or other pound oiiicer within the limits of any city or town where laws regarding estrays are in force. Sec. 9. All other acts and parts of acts relat- ing to estrays now in force, are hereby repealed. Sec. 10. This act shall take effect from and after its passage. A reference to the former acts relating to Estrays can be found in Deering's Annotated Penal Code, p. 488, et seq. TITLE 81. EXPLOSIVES. An act to protect life and property against the careless and malicious use or handling of dyna- mite and other explosives. [Approved March 12, 1887; 1887, 110.] ' Keep record of sales. Section 1. It is the duty of each and every per- fSttfit. contractor, firm, association, joint stock com- 318 Explosives. pany. and corporation, manufacturing, storing, selling, transferring, disposing of, or in any man- ner dealing in or with, or using or giving out, nitro-glycerine, dynamite, vigorite, hercules pow- der, giant powder, or other high explosive, by whatever name known, to keep at all times an ac- curate journal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, asso- ciation, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. What record must show. Sec. 2. Such journal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each trans- action, stating the name and quantity of the ex- plosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of resi- dence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual suflQcient to provide for identification. Kecords subject to examination of peace ofiicers. Sec. 8. Such journal or record book must be kept, by the person, firm, association, joint stock company, or corporation so selling, delivering, or otherwise disposing of such explosive substance or substances, in his or their principal office or place of business, at all times subject to the inspection and examination of the peace ofiicers or other po- lice authorities of the state, county, city and coun- ty, or municipality where the same is situated, on l^roper demand made therefor; any failure or neg- lect to keep such book, or to make the proper en- tries therein at the time of the transaction, as herein provided, or to exhibit the same to the jjeace officers or other police authorities on de- mand, shall be deemed a misdemeanor, and pun- islied accordingly. Forfeiture in addition to punishment. Sec. 4. In addition to such punishment, and as a cumulative penalty, such person, firm, associa- tion, joint stock company, or corporation so of- fending, shall forfeit, for each offense, the sum of Explosives. 319 two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without con- sent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party ^ bringing the suit. L^'^^^^ I'rohibiting reckless possession of explosives.v^ Sec. 5. Any person who, in the public street or any highway or any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private, school, college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro- glycerine, vigorite, hercules powder, giant powder, or other higii explosive, or wlio shall recklessly or maliciously by use of such means intimidate, ter- rify, or endanger any human being, is guilty of a felony, and on conviction shall be punished ac- cordingly. Defining reckless possession. Sec. 6. Any person not regularly engaged in the manufacture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be pre- sumed fprima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances spe- cified in the preceding section. Punishment for unlawful possession. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosive, except in the regular course 4it business carried on by such person, either as a 320 Explosives. manufacturer thereof or merchant dealing in the same, or for use in legitimate blasting operations, or in the arts, or while engaged in transporting the same for others, or as the agent or employee of others engaged in the course of such business or operations. Any other possession of any such explosive substances as are named in this act is unlawful; and the person so unlawfully possessing it shall be punished by imprisonment in the state prison not exceeding five years, or by fine not ex- ceeding five thousand dollars, or by both such fine and imprisonment. Malicious deposit. Sec. 8. Any person who maliciously deposits or explodes, or who attempts to explode, at, in, un- der, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train or car, or any depot, stable, car house, theater, school house, church, dwelling house, or other place where hu- man beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hercules powder, gunpowder, or otiier chemical compound, or other explosive, with the intent to injure or destroy such building, ves- sel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injur'ed or endangered is guilty of a felony, and on convic- tion thereor shall be punished by imprisonment in the state prison not less than one year. Transportation of high explosives. Sec. 9. Any person, firm, or corporation, who shall take, carry, or transport, or cause to be tak- en, carried, or transported, any dynamite, vigorite, nitro-glycerine, hercules or giant powder, or other high explosive, into the limits of, or through, or across any incorporated city or town of this state, or into, through, or across any harbor for ship- ping, in any manner, condition, or quantity, or otlierwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordin- ances, or regulations, forfeit to the state of Cali- fornia all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be Feather River— Feeble-Minded Children. 321 sued for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recovered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one-half to himself for his own benetit, and paying the other half into the state treasury. Such action may be maintained in any court of competent jurisdiction; provided, that the state shall never be liable to any cost or expense for any such suit or proceeding. Police officer may sue for forfeitures. Sec. 10. Any of the forfeitures provided for in this act may be talvcn advantage of, and sued for and recovered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any law, ordinance, or rule to the contrary. Sec. 11. This act shall take effect and be in force from and after its passage. For other acts relating to: See Penal Code, Ap- pendix, title, Explosives, p. 546. TITLE 82. FEATHER RIVER. An act to declare the bridge across Feather river, extending from Fifth street, at the city of Marysvllle, in the county of Yuba, to the op- posite bank of the said river, a free bridge. [Approved March 31, 1891; Stats. 1891, p. 263.] TITLE 83. FEEBLE-MINDED CHILDREN. Consult the following acts: An act to establish the "California Home for the care and training of feeble-minded children, and provide for the maintenance of the same. "^^ [Approved March 18, 1885; 1885, 198.] :a^ ^.li 322 Feeble-Minded Children. An act to provide a permanent site for the Cali- fornia home for the care and training of feeble- minded children, to erect suitable buildings thei-eon, and making an appropriation therefor. [Approved March 6, 1889; 1889, 69.] This act appropriated $175,000 for the purpose indicated. An act to provide for the government and manage- ^Y iiient of the California home for the care and / *5 training of feeble-minded children. V [Approved March 9, 1887; 1887, 69.] 'V This act was amended March 14, 1889, Stats. 1889, p. 155. An act to provide a system of water supply and sewerage, and to improve the grounds of the California home for the care and training of feeble-minded children, and making an appro- priation therefor. [Approved March 14, 1889; 1889, 175.] The act appropriated fifteen thousand dollars for the purpose indicated. An act to provide for the erection of additional buildings for the California home for the care and training of feeble-minded children, to com- plete buildings now being erected, and to ap- propriate money therefor. [Approved April 6, 1891; Stats. 1891, p. 485.] One hundred and twenty-five thousand dollars was appropriated for the purpose indicated. An act to provide for the erection of an additional wing to the main building of the California home for the care and training of feeble- minded children, at Glen Ellen, Sonoma county, California, for the female department of said institution, to furnish the same, and to improve the grounds, and to appropriate money therefor. [Approved February 27, 1893; Stats. 1893, p. 53.] Ninety-eight thousand dollars was appropriated for the purpose indicated. Fees. 323 An act to authorize and direct the sale of the site and buildings of the California home for the care and training of feeble-minded children, in ^ Santa Clara county. ^^ [Approved March 19, 1891; Stats. 1891, p. 138.] v An act granting to the board of supervisors of So- noma county, California, right of way through-^ the lands of the California home for the care "7/ and training of feeble-minded children, to en-''^''/{ able said board of supervisors to change the location of the public highway now traversing said lands. [Approved March 23, 1893; Stats. 1893, p. 277.] An act to authorize, empower, and direct the Cali- fornia home for the care and training of feeble-minded children to admit idiots, epilep- tics and mentally enfeebled paralytics into said institution; to provide for the support of all inmates therein, and to repeal all acts or parts of acts in conflict with the provisions of this act. [Stat, approved March 31. 1897; Stats. 1897, ehap. clxxxviii.]. TITLE 84. FEES. An act to establish the fees of county, township and other oflticers, and of jurors and witnesses in this state. [Stat, approved March 28, 1895; Stats. 1895, chap, ccvii.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The following county, township and other officers shall charge and collect the follow- fees: 124 Fees. COUNTY CLERK. On the commencement of any action or proceed ing in the superior court, except probate proceed- ings, or on an appeal tliereto, to be paid by the party commencing such action or proceeding, or tailing such appeal, five dollars. On "the filing of a petition for letters of admin- istration, testamentary or guardianship, five dol- lars, to be paid by the petitioner: provided, that at the time of filing the inventory and appraise- ment in any such proceeding there shall be an additional deposit of one dollar for each addi- tional thousand dollars of the appraised valua- tion, in excess of three thousand dollars. On tiling the petition to contest any will or cod- icil, three dollars. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon filing the first paper in the action by him or them, two dollars. On placing any action, excepting a probate pro- ceeding or default case, on the calendar for trial or hearing, to be paid by the party at whose re- quest such action or proceeding is so placed, two dollars. For every additional defendant appearing sep- arately, one dollar. The foregoing fees shall be in full for all ser- vices rendered by such clerk in the cause, to and including the making up of the judgment roll. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, except as hereinafter in this section provided, two dollars. For issuing an execution or order of sale in any action, one dollar. In all proceedings begun or acts performed prior to this act becoming a law, such fees and charges as were provided by law at the time such proceed- ings were begun or acts performed. The clerk shall also charge and collect the fol- lowing fees and compensation not above provided for: For any copy of any record, proceeding, or pa- Fees. 325 per on file in the offi'ce of the clerk relating- to any civil action pending in said court, when such copy is made by him, per folio, ten cents. Tor each certificate of the clerk, under the seal of the court, tAventy-flve cents. For filing each claim in probate or insolvency proceedings, fifteen cents. No fees shall be allowed or charged by the clerk for services rendered in any criminal case. For services rendered by the clerk, not in con- nection with civil actions or proceedings in court, he shall charge and collect, for the benefit of the county, the following fees: For issuing marriage license, one half to be paid to the county recorder, two dollars. For filing and indexing articles of incorporation, one dollar. For filing and indexing certificates of co-part- nership, one dollar. For filing and indexing all papers to be kept by him, other than papers filed in actions or pro- ceedings in court, and otticial bonds and certifi- cates of appointment, each, twenty-five cents. For issuing any license required by law, other than marriage licenses, one dollar. For examining and certifying to a copy of any paper, record, or proceeding prepared by another, and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original. For making satisfaction of or credit on judg ment, twenty-five cents. For receiving and filing remittitur from su- preme court, fifty cents. For administering each oath, without certifi- cate, except in a pending action or proceeding, ten cents. For taking any affi'davit, except in criminal cases, twenty-five cents. For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents. For searching records or files, for each year, fifty cents. For taking acknowledgment of any deed or other instrument, including the certificate, fifty ceBtJg. - Gen. Laws— 28. 326 Fees. For filing notices of appeal and appeal bonds, each, t^Tenty-fiye cents. SHERIP^F. For serving any process, writ, order or paper, except as hereinafter provided, required by law to be served by tlie sheriff, fifty cents. For serving a writ of attachment, execution or order for the delivery of personal property, one dollar. For taking any bond or undertaliing, fifty cents. For serving an attachment or execution on any ship, boat or vessel, three dollars. For keeping and caring for property under at- tachment or execution, such sum as the court may fix; provided, that no greater sum than two dol- lars per day shall be allowed to a keeper when necessarily employed. For a copy of any writ, process or paper actu- ally made by him, when required or demanded ac- cording to law, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge sliall be made for such copies. For advertising sale of property and posting notice, exclusive of cost of publication, or furnish- ing notice for publication, each, fifty cents. For publication of notice in newspaper, the rea- sonable cost of publication, subject to the ap- proval of the court. For serving writ of possession or restitution, putting a person in possession of the premises and removing the occupant, one dollar and fifty cents. For subpoenaing witness, including copy of sub- poena, each, twenty-five cents. For summoning trial jury of twelve or less, two dollars; for each additional juror, ten cents. For traveling in the service of any paper re- quired by law to be served, for each mile actually and necessarily traveled, one way only, fifteen cents, when such travel can be made by rail; in other cases, twenty-five cents. No constructive mileage to be allowed. For collecting money on execution, with or without levy, one per cent, on the first thousand dollars or less, and one-half of one per cent, on all sums over one thousand dollars. Fees. 327 For executing and delivering slieriff's deed, one dollar and fifty cents. For executing and delivering certificate of sale, fifty cents. For transporting prisoners to tlie county jail, tlie actual cost of sucb transportation. I'or executing and delivering any other instru- ment, ten cents per folio. RECORDER. For recording every instrument, paper or notice required by law to be recorded, per folio, ten cents. T'or indexing every instrument, paper or notice, for each name, ten cents. For filing every instrument for record and mak- ing the necessary entries thereon, twenty cents. For each certificate under seal, twenty-five cents. For every entry of discharge, credit or release on the margin of record, and indexing same, twenty-five cents. For searching the records of his office, for each year, fifty cents. For abstract of title, for each conveyance or en- cumbrance, twenty-five cents. For recording each map or plat where the same is copied in a book of record, for each course, ten cents. For recording each map or plat where the same is not copied in a book of recor'd, fifty cents. For figures or letters on maps or plats, per folio, ten cents; provided, that the fees for recording any map shall not exceed fifty dollars. For taking acknowledgment of any instrument, fifty cents. For recording marriage license and certificate, to be paid by the county clerk, one dollar. For recording transcript and all services in estray cases, one dollar. For recording each mark or brand, fifty cents. For administering each oath or affirmation and certifying the same, twenty-five cents. For filing, indexing and keeping each paper not required by law to be recorded, twenty-five cents. The clerk, sheriff and recorder shall account for 328 Fees. all fees in this section provided for, and the clerk, sheriff and recorder, unless otherwise provided by law, shall pay the same to the county treasurer on the first Monday of the month following their collection, as provided in this act. CONSTABLES AND MARSHALS. For serving summons and complaint, for each defendant served, fifty cents. For each copj" of summons for service, when made by him, twenty-five cents. For levying writ of attachment or execution, or executing order of arrest or for the delivery of personaL property, one dollar. For serving writ of attachment or execution on any ship, boat or vessel, three dollars. For lieepinj>- personal property, such sum as the court may order; but no more than two dollars per day shall be allowed for a keeper when neces- sarily employed. For taking bond or undertaking, fifty cents. For copies of writs and other papers, except summons, complaint and subpoenas, per folio, ten cents; provided, that when correct copies are fur- nished him for use, no charge shall be made for such copies. For serving any writ, notice or order, except summons, complaint or subpoenas, for each per- son served, fifty cents. For writing and posting each notice of sale of property, twentj^-ipve cents. For furnishing notice for publication, twenty- five cents. For serving subpoenas, each witness, including cop3', twenty-five cents. For collecting money on execution, one and one half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering constable's deed, one dollar and fifty cents. For each mile actually traveled within his town- shij) in the service of any writ, order, or paper, ex- cept a warrant of arrest, in going only, per mile, twenty-five cents. For traveling outside of his township to serve such writ, order, or paper, in going only, fifteen Fees. 329' cents; provided, that a constable shall not be re- quired to travel outside of bis township to serve any civil process, order, or paper. No construct- ive mileage allowed. For each mile necessarily traveled within his county in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents. For each mile traveled out of his countj*, both going and returning from place of arrest, five cents; provided, that no mileage shall be charged for a warrant of arrest or criminal process served outside of his township, except such service be approved in writing by the district attorney of the county; and provided further, that for traveling in the performance of two or more official ser- vices at the same time, including the service of civil process or criminal Avarrants, or transporta- tion of ])ersons charged or convicted of a criminal offense, but one mileage shall be charged; pro- vided, that in crimiuar cases he shall not receive more than one Inmdred dollars in any one month, and not more than one thousand dollars in any one year. For executing a search warrant, such fees and mileage as may be allowed for executing warrant of arrest. For arresting prisoner and bringing him into court, one dollar. For summoning a jury, two dollars, including mileage. For transporting prisoners to the county jail, the actual cost of ^such transportation. Provided, that the board of supervisors may re- ject all bills presented to the county by justices of the peace and constables for fees in criminal cases in all cases of proceedings in which the dis- trict attorney has not, in writing, approved the is- suance of the warrant of arrest. County officers must, and township officers may, demand the payment of all fees in civil cases, in advance. JUSTICES OF THE PEACE. Justices of the peace may, for their own use, eotlect the following fees, and no others: Each justice of the peace shall be allowed, in 330 Fees. a civil action before him, for all services to be performed by him before trial, two dollars; and for the trial and all proceedings subsequent thereto, including all affidavits, swearing wit- nesses and jury, and the entry of judgment and issue of execution thereon, three dollars; and in all cases where judgment is rendered by default or confession, for all services, including execution and satisfaction of judgment, two dollars. For all services in a criminal action or proceed- ing, whether on examination or trial, three dol- lars; provided, however, that no more than the sum of seventy-five dollars in any one month shall be allowed out of the county treasury, in misde- meanor cases, to any one justice. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage, and returning a cer- tificate thereof to the county recorder, three dol- lars. For talving an acknowledgment of any instru- ment, for tiie first name, fifty cents; for each ad- ditional name, twenty-five cents. For taking depositions, per folio, fifteen cents. For admmisteriug an oath, and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmis- sion of the transcript and papers, shall receive one dollar; and the justice before whom the trial shall talvc place shall receive the same fees as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order, or paper Fees. 331 required by law to be issued not otherwise herein provided for, twentj^-five cents. For administering oath or affirmation not other- wise lierein provided for, ten cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For taking and approving bond or undertaliing, including the justification of sureties, fifty cents. 19. Jurors' and witness' fees shall be as fol- lows: JURORS' FEES. For attending as a grand juror or juror in the superior court, for eacli day's attendance, per day, two dollars. For attending justice's court, for each juror sworn to try the cause, per day, in civil cases only, two dollars. For each mile actually traveled in attending court, as a juror, except in criminal cases in jus- tice's court, for which no allowance shall be made, in going only, per mile, fifteen cents. WITNESS' FEES. For each day's actual attendance, when legally required to attend^upon the superior court, per day, two dollars in civil cases, and one dollar and fifty cents in criminal cases. Mileage actually traveled, one way only, per mile, ten cents; provided, however, that in crimi- nal cases, such per diem and mileage shall only be allowed upon a showing to the court, by the witness, that the same are necessary for the ex- penses of the witness in attending, and the court shall determine the necessity for the same, and may disallow any fees to a witness unnecessarily subpoenaed. For each day's attendance upon justice's court, in civil cases only, when legally required to at- tend, per day, one dollar. For each mile actually traveled, in civil cases only, in justice's court, in going only, ten cents. Witnesses in civil cases may demand the pay- ment of their mileage and fees for one day in ad- vance, and when so demanded shall not be corn- petted to attend until the same shall have been paid. 382 Fees. CORONER. Coroners may, for their own use, collect the fol- lowing fees, and no others: For general services in holding an inquest, ten dollars. For each witness subpoenaed, twenty-five cents. For each mile necessarily traveled in going to the place of the inquest, twenty-five cents. For directing or attending the interment of each body upon which an inquest has been held, two dollars; which fees shall be all that he shall be entitled to charge. When acting as or in the place of the sheriff, the same fees as are allowed the sheriff for lilie services. PUBLIC ADMINISTRATOR. The public administrator shall charge and col- lect such fees as are now or may hereafter be al- lowed liy law. COUNTY SURVEYOR. The county surveyor shall charge and collect such fees as are now or may hereafter be al- lowed by law. Sec. 2. No fees or other compensation shall be paid for certificate of declaration to become a citizen of the United States, and for mailing a record thereof, or for issuing a certificate of citi- zenship to become a citizen of the United States, or for mailing a record thereof; and no fees or other compensation shall be paid for filing tlie statement and aflidavit of a committee or candi- date voted for at any public election lield within the state; and this section shall apply to all the counties in this state. Sec. 3. All acts or portions of acts inconsistent herewith are hereby repealed. Sec. 4. This act shall take effect immediately. Fees. 333 An act relating to pension matters and claims against counties. [Stat, approved March 3. 1897; Stats. 1897, chap. Ixi.] The people of the State of California, represented / • in senate and assembly, do enact as follows: {^ Section 1. No fees or other compensation shall be collected for services rendered in an atlidavit ' or application relating to the securing of a pen- sion, or for the payment of a pension voucher, or any matters relating thereto, nor filing, nor swear- ing to any claim or demand against any county in this state. Sec. 2. This act shall take effect from and after its passage. An act to provide and regulate the manner of re- ceiving and paying fees, commissions, per- centages, and other compensation for official services in cities and cities and counties hav- ing a population of over one hundred thousand inhabitants, and prescribing the duties of offi- cers with reference thereto. [Approved March 11, 1893; Stats. 1893, p. 127.] Section 1. The salary of every officer of every city or city and county of tliis state having a pop- ulation of over one hundred thousand inhabitants, as such salary now is or hereafter shall be fixed by law. shall be in full payment and compensa- tion for all services performed by such officer in any official capacity whatever; provided, that in case any official is now or shall hereafter be al- lowed by law, as compensation for his official ser- vices, a salary of less than one thousand dollars per annum and the fees of his office, such compen- sation, viz., the salary of less than <)ne thousand dollars per annum and the fees of his office, shall be in full payment and compensation for all ser-' vices performed by such officer. Sec. 2. Such salaried officers shall not receive or accept any foe, payment, or compensation wTTSteVer, directly or indirectly, for any services SS4 Fees. performed by them, in their official capacity, nor any fee, payment, or compensation for any official service performed by any of their deputies, clerks, or employees, whether performed during or after official business hours, nor shall any deputy, clerli,or employee of such officer receive or accept any fee, compensation, or payment, other than their salaries as now or hereafter fixed by law, for any work or service performed by them of any official nature, or under color of office, whether performed during or after official business hours. Sec. 3. In all such cities or cities and counties of this state, every fee, commission, percentage, allowance, or other compensation whatever au- thorized by law to be charged, received or col- lected by any officer thereof for any official ser- vice, except the salary allowed by law, payable from the treasury of such city or city and county, must be paid, by the person for whom such ser- vice is performed to the treasurer of such city or city and county, in the manner herein provided. Sec. 4. It shall be the duty of every officer of such cities or cities and counties authorized by law to charge, receive, or collect any fee, commis^ sion, percentage, allowance, or compensation whatever for the performance of any of- ficial service or duty of any kind or na- ture, or rendered in any official capacity, or by reason of any official duty or em- ployment whatsoever, to deliver to the person re- quiring such service or duty a certificate, in writ- ing, signed by such officer, which shall certify the nature of the official service to be performed and the amount of the fee, commission, percentage, allowance, or compensation allowed by law there- for. T.he person receiving such certificate shall deliver the same to the treasurer of such city or city and county, and shall pay to such treasurer the amount named in such certificate, and there- upon sucli treasurer shall deliver to such person a receipt for the money so paid, which shall show the amount of money received, the day and hour when paid, the name of the person paying the same, the nature of the service to be performed, and the name and official designation of the per- son by whom the service is to be performed; and like entries shall be made upon the stub of such Fees. 335 receipt, which shall be kept by such treasurer. Upon the delivery of such treasurer's receipt to the officer therein designated, such officer shall deliver to such person a certificate containing the same items as appear in such receipt, and ae- Ivuowledging the delivery to him of such receipt, and the day and hour the same was delivered to him, and such officer shall thereupon perform the service or duty in such receipt described, as re- quired by law. The treasurer shall place all such moneys so received by him to a fund, to be des- ignated the "Unapportioned Fee Fund," which is hereby created, and shall lieep such fund as other funds in the treasury are kept, and shall be liable on his official bond for all moneys so received. Sec. 5. The auditor or other proper officer of such city or city and county must prepare and de- liver, from time to time, to the treasurer and to every officer of such city or city and county au- thorized by law to charge any fee, commission, percentage, allowance, or compensation whatso- ever for the performance of any official service or duty of any kind or nature, as many official cer- tificates and receipts as may be required, charg- ing the treasurer or other officer receiving them therewith. Such official certificates and receipts must be bound into books containing not less than one hundred such certificates or receipts, and num- bered consecutively, beginning with number one in each class required for each officer for each .fiscal year, and provided with a stub correspond- ing in number with each certificate and receipt. When the books containing such certificates and receipts are exhausted by the officer receiving them, he shall return the stubs thereof to the au- ditor or other proper officer, in whose custody tliey shall remain thereafter. Sec. 6. When a receipt as herein provided is is- sued by the treasurer of such city or city and county, he must state therein the date of pay- ment, the name of the person making the pay- ment, and the amount of such payment, and the nature of the service for which the charge is made, and the name and official designation of the officer performing the service, and shall make corresponding entries on the stub of such re- CQH^t.. 336 Fees. See. 7. Whenever any certificate or receipt is issued by any officer of such city or city and coun- ty, other than the treasurer thereof as herein pro- vided, he shall state therein the day and hour of the delivery to him of the treasurer's receipt, the natui-e of the service therein described, and the amount charged therefor, and the name of the person by whom such receipt is delivered to him, and shall make corresponding entries on the stub to which such certificate or receipt is attached. Sec, 8. On the first day of each month the treasurer of such city or city and county must make to the auditor or other proper officer thereof a report, under oath, of all moneys received by him, as provided in this act, during the preced- ing month, showing the date and number of the certificate on w^hich the money was received, the amount of each payment, and by whom paid, and the nature of the service, and the name and offi- cial designation of the officer performing tlie ser- . vice: and at the same time, or oftener if required by the auditor so to do, exhibit to the auditor all official certificates received by him during the previous month, and all official receipts remain- ing in his hands unused or not issued at the close of business on the last day of the preceding- month. Sec. 9. On the first day of each month every officer of such city or city and county authorized by law to charge any fee, commission, percen- tage, allowance, or compensation whatsoever, must make to the auditor a report, under oath, of all ofiicial certificates and receipts issued by him during the preceding month, showing the date and number of each certificate and receipt, to whom issued, the nature of the service for which the charge was made, and the amount of such charge; and must at the same time exhibit to the auditor or other proper officer, or oftener if required so to do, all treasurer's receipts deposited with him during the preceding month, and all official certifi- cates and receipts remaining in his hands unused or not issued at the close of business on the last day of each preceding montli. Sec. 10. Upon receiving tlie reports prescribed by sections eight and niiie of this act, the audi- tor or other proper officer of such city or city and county shall examine and settle the accounts of Fees. 337 each officer thereof, and apportion such moneys to the fund or funds to which it is appropriated by law, and certify such apportionment to the treasurer, who shall thereupon transfer from the "unapportioned fee fund" the amounts so certi- fied, and credit each fund entitled thereto with the proper amount so apportioned. Sec. 11. Every such officer of said cities or cities and cou'ities who is by law allowed to charge and collect mileage for the service of process, and for like service, shall, at the end of each month, pre- pare and deliver to the auditor or other proper officer of such city or city and county a statement showing each process served, the title of the cause, the name of the deputy or other sub- ordinate officer by whom served, the number of miles actually traveled in making such service, the exact day when such service was made, and between what hours of said day, which statement shall be verified by the oath of such officer. Such auditor or other proper officer of such city or city and county shall thereupon have the power and he is directed to examine such statement, and issue his warrant upon the treas- urer of such city or city and county for such amount of money as shall, in his judgment, fully reimburse such officer for his lawful expenses in making such services, and such warrant shall be paid by such treasurer, without further ap- proval, out of the "unapportioned fee fund"; but no extra mileage shall be charged or allowed for service of two or more processes served on the same trip, by the same deputy or deputies, except for extra mileage actually traveled in serving the additional process, and all mileage charged in vi- olation of this section shall be disallowed by such auditor, or other proper officer, and all amounts disallowed for any reason shall be apportioned to the general fund of such city or city and coun- ty. Any officer of said cities or cities and coun- ties who, during the preceding month, performed any service for which he is expressly authorized by laAv to employ a person, at a certain or stated per diem fixed by law, to perform such service, other than his regular deputies or other assist- aj^ts. whose salaries are paid from the public trea^sury of such city or city and county, and a Gen. Laws— 29. 338 Fees. person is so employed, and a service is actually- performed by such person, and the charge there- for has been paid to the treasurer for the serrice of the person so employed, such officer shall, at the end of each month, prepare and deliver to the auditor or other proper officer of such city or city and county a statement showing the case or in- stance in which such service was performed, and for whom performed, the name of the person so employed and by whom the service was per- formed, the amount of the charge therefor, the time actually employed in performing such ser- vice, and the dates of the beginning and ending of the period during which such person was so employed in performing such service, which state- ment shall be verified by the oath of such officer. Such auditor, or other proper officer, shall there- upon examine such statement, and if he finds the same to be correct, he shall audit and allow the verified demand of such person so employed and performing the service, for the sum or sums so earned by him and paid to the treasurer for such service, and the treasurer shall pay such demand so audited and allowed, Avithout further approval, out of the "unapportioned fee fund." Sec. 12. This act shall not apply to any pay- ment required to be made on account of the levy or collection or delinquency of any tax Upon property, or any poll tax, nor for any city or city and county license, but all such moneys shall be paid to and shall be accounted for in the same manner and by the same officers as are now re- quired by law to charge, receive, collect, or ac- count for the same. Sec. 13. All acts or parts of acts, in so far as they conflict with the provisions of this act, are hereby repealed. Sec. 14. This act shall take effect and be in force from and after the first day of January, eighteen hundred and ninety-five. Sec. 15. For the purpose of carrying out the provisions of said act tlie treasurer of any such cities, or cities and counties, is hereby authorized to appoint clerks not to exceed three in number, to be known as fee clerks, and said fee clerks shall be allowed a salary of one hundred and fifty dollars per month; they shall give a bond in Fences— Ferry Depot. 339 whatever sum the said treasurer may exact, and they shall perform such duties as he, the said treasurer, may direct. The salaries of said clerks shall be a charge and paid out of the unappor- tioned fee fund in this act created. [New section approved March 26, 1895; Stats. 1895, chap. clx. In effect immediately.] Sec. IG. The boards of supervisors of any such cities, or cities and counties, if in their judgment they deem it necessary, may grant additional as- sistance in the way of clerks to any of the fee oflicers whose labor has been increased under said act; and the salaries of such additional clerks shall be allowed and audited out of said unappor- tioned fee fund. [New section approved March 26, 1895; Stats. 1895, chap. clx. In effect imme- diately.] For a reference to prior acts on the subject of fees, see Deering's Annotated Penal Code, p. 500 et seq. i TITLE 85. FENCES. The statutes relating to Fences are collected in Deering's Annotated Penal Code, p. 548, et seq. TITLE 86. FERRY DEPOT. An act to provide for the issuance and sale of state bonds to create a fund for the construe- -] tion and furnishing, by the board of state har- .'./ bor commissioners, of a general ferry and pas- Hi senger depot in the city and county of San " Francisco; to create a sinking fund for the pay- ment of said bonds, and providing for the sub- mission of this act to a vote of the people. ^iApproved March 17, 1891; Stats. 1891, p. 110.] 340 Fire Department— Fiscal Year. y' /- V p/ TITLE 87. riRE DEPARTMENT. Acts relating to, see Political Code, Appendix, title Fire Department, p. 1014. TITLE 88. FIRE PATROL ^ Acts relating to, see Civil Code, Appendix, title. Fire Patrol, p. 766 et seq. TITLE 89. FIRES. Acts relating to, see Penal Code, Appendix, title, Fire, p. 552. Sj ;^v'^\ ■ TITLE 90. FISCAL YEAR. An act providing for changing the fiscal year of • cities in this state operating under a charter v^ framed nnder section eight, article eleven, of the constitution, tat. approved March 26, 1895; Stats. 1895, chap, cxxxix.] .'he nature of the act appears from the title. -*s #■" TITLE 91. ' FISH. The general law in relation to the talking of trout and salmon, and the use of poisons or explosive I Fish Commissioners. 341 substances for taking- fisli, is contained in the Pe- * nal Code, sees. 632 et seq. But several of the IJ special and local acts in relation to fish in par- ticular streams or counties have been expressly- continued in force by section 19 of the Political . ^' Code, and so far as these acts are concerned, and h such others as have been passed since the taking a ^ effect of the codes, the general law is modified. fyJ A collection of these special laws is contained ^ a in Deering's Annotated Penal Code, p. 556. (p^ See, also. Penal Code, Appendix, p. 554; Politi- ^^ cal Code, Appendix, p. 1031. ^// Consult also "An act to regulate the vocation of ' ^ ' fishing and to provide therefrom revenue for the restoration and preservation of fish in the waters of the state of California, approved March 21, 1887, Stats. 1887, p. 233. TITLE -92. FISH AND GAME WARDEN. JlC/-/ Acts relating to, see Political Code, AppendixX ^ title, p. 1031. TITLE 93. FISH COMMISSIONERS. Acts relating to, see Political Code, Appeindix, p. 1031. Consult also: Act authorizing commissioners to remove obstructions in American river, approved March 5, 1889, Stats. 1889, p. 66. An act author- izing the fish commissioners to dispose of the Gov- ernor Stoneman, approved March 16, 1889, Stats. 1889, p. 350. 342 Forestry. TITLE 94. FORESTRY. See Agriculture; Fruit-trees and Vines; Horticul- ture; Viticulture; Silk Culture. An act to create a state board of forestry, and to provide for the expenses thereof. [Approved March 3, 1885; Stats. 1885, p. 10.] This act was repealed by act of March 23, 1893, post. An act to enlarge the powers of the state board of forestry, and to provide for the expenses of said board. [Approved March 7, 1887; Stats. 1887, p. 46.] This act was not in terms repealed by the act of March 23, 1893, post, but probably fell with the repeal of the act on which it was based. An act to repeal an act entitled "An act to create a state board of forestry, and to provide for the expenses thereof," approved March 3, 1885, and the act amendatory thereof, approved March 7, 1887, and to make an appropriation for the maintenance and preservation of the property of the board of forestry. [Approved March 23, 1893; Stats. 1893, p. 229.] Section 1. An act entitled "An act to create a state board of forestry, and to provide for the ex- penses thereof," approved March third, eighteen hundred and eighty-live, is hereby repealed. Sec. 2. All the real and personal property of the said board on or before the first day of July, eighteen hundred and ninety-three, shall be as- signed, made over, and transferred to the agricul- tural department of the university of California. Sec. 3. There is hereby appropriated the sum of four thousand dollars out of any money in the state treasury not otherwise appropriated, payable to the agricultural department of the university of California, for the support, maintenance, and preservation of the experimental stations of the state board of forestry, and the controller is here- by directed to draw his warrant for the same. Fruit Trees and Vines. 343 Sec. 4. Tliis act shall take effect from and after July first, eighteen hundred and ninety-three. TITLE 95. FRESNO COUNTY. A reference to special acts relating to Fresno county is contained in Deering's Annotated Penal Code, pp. 57, 58. An act to permanently locate the county seat of Fresno county. [Approved March 30, 1874; 1873-4, 913.] The act located the county seat at Fresno. TITLE 96. FRUIT-TREES AND VINES. See Agriculture: Forestry; Horticulture; Viticul- ture; Silk Culture. An act for the better protection of fruit-trees and vines. [Approved April 9, 1880; 1880, 36 (Ban. ed. 187).] Commissions and tlieir powers. Section 1. The board of supervisors in the ^ several counties of this state are hereby author- >i<* ized, when application is made in writing by five '-z. legal voters of any voting precinct in the county, ^ to appoint a commission of such number as they ^ shall deem necessary, to inspect fruit-ti*ees and vines within tlie district for wliich they shall have been appointed; and In case disease of any kind be found among said trees or vines, which is extend- ing and likely to extend to neighboring vineyards or orchards, said commission may order such ac- tion taken by the removal of such trees and vines, or otherwise, as they may deem necessary for the public good; provided, such commission stJall serve without compensation, and the labor necessary to comply with their recommendations -f ,^>^. 344 Fruit-Trees and Vines. shall be at the expense of the owner of the prop- erty. Sec. 2. This act shall take effect immediately. An act to prevent the spreading of fruit and fruit- tree pests and diseases, and to provide for their extirpation. [Approved March 9, 1885; 1885, 40.] Disinfecting fruit-trees. Section 1. It shall be the duty of every owner, possessor or occupier of an orchard, nursery, or land where fruit-trees are grown within this state, to disinfect all fruit-trees grown on such lands in- fested with any insect or insects, or the germs thereof, or infe'sted by any contagious disease known to be injurious to fruit or fruit-trees, before the removal of the same from such premises for sale, gift, distribution, or transportation. Fruit boxes which have been used for shipping fruit to any destination are hereby required to be disin- fected previous to their being again used for any purpose; all boxes returned to any orchard, store- room, sales-room, or any place used or to be used for storage, shipping, or any other purpose, must be disinfected within three days after their re- turn; and any and all persons failing to comply with the requirements of this section shall be guilty of a misdemeanor. All packages known as free packages must be destroyed or disinfected before being again used. Destroying infested fruit. Sec. 2. It shall be the duty of the owner, lessee, or occupier of any orchard within this state, to gather all fruit infested by the insects known as the codlin moth, peach moth, red spider, plum M^eevil, and kindred noxious insects, their larvae or pupae, which has fallen from the tree or trees, as often as once a week, and dispose of or destroy the same in such a manner as to effectually de- stroy all such insects, their larvae or pupae. It shall be the duty of the inspector of fruit pests, or the quarantine guardian to inspect fruit packages and all trees and plants, cuttings, grafts, and scions, known or believed to be infested by any insect or insects, or the germs thereof, or their eggs, larvae, or pupae, injurious to the fruit or Fruit-Trees and Vines. 345 fruit-trees, or infested with any disease liable to spread contagion, imported or brought into this state from any foreign country, or from any of the United States or territories, and if, upon inspec- tion, such fruit or fruit pacliages are found to be infested or infected, it shall be a misdemeanor to offer the same for sale, gift, distribution, or trans- portation, unless they shall be first disinfected. Owner's label on shipped cuttings. Sec. 3. Every person shipping fruit-trees, scions, cuttings, or plants from any orchard, nur- sery, or other place where they were grown or produced, shall place upon or securely attach to each box, package, or parcel containing such fruit- trees, scions, cuttings, or plants, a distinct mark or label, showing the name of tlie owner or ship- per and the locality where produced. And any person who shall cause to be shipped, transported, or removed from any locality declared by the state board of horticulture to be infested with fruit-tree or orchard pests, or infected with contagious dis- eases injurious to trees, plants, or fruits, unless the same sliall have been previously disinfected, shall be guilty of a misdemeanor. Disinfection shall be to the satisfaction of the state board of horticul- ture, or the inspector of fruit pests. When disin- fected, tlie fact shall be stamped upon each box, package, or separate parcel of fruit-trees, scions, cuttings, or plants; and any person who shall cause to be shipped, transported, or removed any such box, parcel or package from a quarantine dis- trict or locality, not bearing such stamp, shall be guilty of a misdemeanor, and may be punished by fine, as provided in section six of this act. Any person who shall falsely cause such stamp to be used, or shall imitate or counterfeit any stamp or device used for such purpose, shall be guilty of a misdemeanor. Duties of members of state board. Sec. 4. It shall be the special duty of each member of the state board of horticulture to see that the provisions of this act are carried out within his respective horticultural district, and all offenders duly punished. Cleansing fruit-trees. ^*^ec. 5. All fruit-trees infested by any insect or insects, their germs, larvae, or pupae, or infected 346 Funds— Game. by disease known to be injurious to fruit or fruit- trees, and liable to spread contagion, must be cleaned or disinfected before the first day of April, eighteen hundred and eighty-five, and on or before the first day of April of every succeed- ing year thereafter. All owners or occupants of lands on which fruit-trees are grown, failing to comply Avith the provisions of this section, shall be guilty of a misdemeanor, and fined as provided for in section six of this act. All fruit, packages, trees, plants, cuttings, grafts, and scions that shall not be disinfected within twenty-four hours after notice by the inspector of fruit pests, or a duly appointed quarantine guardian, or any member of the board of horticulture, shall be liable to be proceeded against as a public nuisance. Penalty. Sec. 6. Any person or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punishable by a fine of not less than twenty- five dollars nor more than one hundred dollars for every offense. TITLE 97. FUNDS. See Public Debt, post. The Political Code, sec. 19. continued in force all acts for funding the state debt, or any part thereof, and for issuing state bonds and acts amending or supplementing such acts. For a list of these acts, see Deering's Annotated Penal Code, p. 565, et seq. , ^ TITLE 98. ^ GAME. yyfvi See Fish. For a reference to acts relating to this sub.1ect, see Deering's Annotated Penal Code, pp. 576, 596. Game Laws— Gas. 347 TITLE 99. GAME LAWS. 0^ Acts relating to, see Penal Code, Appendix, title Game Laws, p. 561. TITLE 100. GAS. \!) An Act to regulate the quality and standard illu- minating power and tlie price of gas in all cities within the State of California having a population of one hundred thousand or more. [Approved March 4, 1878; 1877-8, 107.] Quality and price of gas to be fixed by whom. Section 1. That in all cities in the State of Cali- fornia having a population of one hundred thou- sand or more, the local legislative body thereof, whether known and designated as the board of supervisors, or board of aldermen, or common council, or board of trustees, or otherwise, are hereby authorized and required to fix the standard quality and illuminating power of gas to be fur- k^ nished, and the rate and price for each one thou- 75 sand cubic feet to be charged therefor by any per- \ " sou, company, or corporation whose- pipes or main& j are or shall be laid down in the streets or high- ways of such city, for the purpose of supplying gas for tlie use of such city, or for the inhabitants thereof, or for such city and its inhabitants; provided, however, that said board or local au- thority shall not fix or establish the standard ,';* quality and illuminating power of gas in such city at less than sixteen-candle power, or such that five cubic feet of gas per hour so furnished shall V^ give light at least equal to that afforded by the"^^^,v combustion of sixteen standard sperm candles con- \ suming one hundred and twenty grains of sperm \ each per hour, the burner to be used in malving such test to be that best adapted to the economi- cal consumption of gas; and provided further, tliat s«ch board of supervisors, or local legislative att-. thority, by whatever name it may be known, shall \ J 348 Gas. not fix or establish the rate or price of gas so furnished to such city or its inhabitants at any greater price or rate than three dollars per thou- sand cubic feet. Mayor to appoint an inspector. Sec. 2. It shall be the duty of the mayor of each city having the population mentioned in section one of this act, and such mayor is hereby required, within thirty days after the passage and approval of this act, to appoint, subject to the approval of the board of supervisors, or other local legislative body aforesaid, a person of competent experience and knowledge of and concerning the proper qual- ities and illuminating power of gas, and who shall not be directly or indirectly interested in or con- nected with any person, company, or corporation engaged in the manufacture or furnishing of il- luminating gas in such city, or elsewhere, either to such city or its inhabitants, or any of them, either as a stockholder or otherwise, who shall be known and designated as gas inspector of such city, who shall hold his said office for the term of two years, or until his successor shall be appointed and qualified; subject, however, to removal from his said offi'ce by the mayor, with the concurrence of a majority of the board of supervisors, or other local legislative board aforesaid, for any one of the following causes, to wit, by reason of any interest in the manufacture or furnishing of gas in such city, whether such interest existed at the date of his appointment or was afterward acquired, or for want of competent knowledge, skill, or experi- ence to enable him properly to discharge the du- ties of said office, or for any neglect, misconduct, or inefficiency in the discharge of the duties of said office, to the prejudice of such city, or its in- habitants, or any of them. The person so ap- pointed shall before he enters upon tne duties of said office, and within ten days after his appoint- ment and confirmation, take and subscribe an oath or affirmation before the county judge of the county in which such city is situated, that he will faithfully and impartially perform and discharge all the duties required by this act and the ordi- nances or resolutions of* said board passed or adopted under and pursuant to the provisions thereof, as such gas inspector of such city, and shall also, within the same time, give bond to the Gas. 349 city in and for wliicli hie is appointed, in the sum of ten tliousand dollars, with sureties to be approved by said board, conditioned for the faithful per- formance of the duties of said office, which said oath and bond shall be filed with the clerk of said board. Such gas inspector shall be entitled to a salary to be fixed and allowed by said board, which shall be paid monthly out of the general fund of such city. Duty of inspector. Sec. 3. It shall be the duty of such inspector, immediately upon his appointment and qualifica- tion as such officer, as aforesaid, to malie a care- ful examination and inquiry by inspection, letter, or otherwise, as to the quality and illuminating power of the gas furnished and used in the prin- cipal cities of the United States, and the prices charged therefor, and also the comparative cost of the manufacture and supply of gas in other cit- ies of the United States, with the cost of the manufacture and supply of the same in the city for which he is such inspector, and report fully the result of such examination and information to said board within six months after his appoint- ment and qualification; and upon receiving such reports, said board shall proceed to fix and estab- lish the quality and standard illuminating power of gas to be used in such city, and the maximum price to be charged therefor; and such standard and price may be changed by said board from time to time, not oftener than once every year, as increased consumption or other circumstances may in their judgment require. Same. Sec. 4. After said board shall have fixed and es- tablished the quality and illuminating power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to examine and inspect, from time to time, at least once every week, with- out notice to tlie person, company, or corporation furnishing the same, tlie quality and illuminating power of the gas furnished to such city and the inhabitants thereof, and in case the same shall fall below the standard fixed by said board, the said inspector shall forthwith report the same to. sa44.t)oard; and at such other times as he may be* Gen. Laws— 30. 350 Gas. requested thereto by the mayor or any committee of said boards, he shall report to said board upon any and all matters connected with the manufac- ture, supply, and consumption of gas coming with- in the scope of his official duties, and specially up- on any subject or subjects, matters or things, con- nected therewith and specified in such request. Certain acts declared unlawful. Sec. 5. After said board shall have fixed and es- tablished the quality and standard illuminating power of the gas, and the price per thousand cu- bic feet, as in this act provided to be charged therefor, it shall be unlawful for any person, com- pany, or corporation to furnish to such city, or any inhabitant thereof, or other person therein, for illuminating purposes, gas of a lower standard or quality, or to charge or receive therefor a higher price than is provided by said board, under the au- thority and subject to the limitations of this act; and for every violation of the provisions of this act, or the provisions of any order, resolution, or ordinance of said board made in pursuance thereof, every such person, company, or corporation shall incur a penalty of not less than one hundred nor more than one thousand dollars, to be recovered in a civil action in the name and for the use of such city, in any court of competent jurisdiction; and each day upon which such person, company, or corporation shall, without reasonable cause or excuse therefor, furnish gas of a lower quality or standard illuminating power than that fixed by said board, shall constitute and be considered and held one violation thereof, and each month or shorter period for which said person, company, or corporation shall take an account of gas con- sumed, and for which they shall charge or receive a price greater than that fixed by said board, shall be held and regarded as one offense, and any number of such offenses of either class, or both, may be joined in the same action, and the several penalties for the several violations proved or con- fessed in said action may be united and recovered in the same judgment; and such person, company, or corporation shall also be liable to such city and to any and each person or corporation who shall •be injured by any such violation, in double the amount of damages actually sustained. Gas. 351 Actions tried, by whom. Sec. 6. All actions for penalties under the pro- visions of this act shall be tried by the court, un- less a jury be demanded by either party; and ■when such action shall be tried by a jury, the jury shall find, as to each violation charged in the com- plaint, that "the defendant is guilty," or "the de- fendant is not guilty;" and upon each charge in re- spect to which the jury has found the defendant guilty, the court shall fix the penalty, and render judgment for the aggregate amount of such pen- alties, together with costs of suit. Sec. 7. All penalties recovered under this act shall be paid into the general fund of such city. Sec. 8. This act shall apply to the city and coun- ty of San Francisco, as well as to cities whose municipal government is distinct from the county in which they are located. Sec. 9. This act shall take effect immediately. The Political Code, sec. 19, continues in force the following act in relation to the laying down of gas-pipes and location of gas-works: An Act concerning gas companies. [Approved April 4, 1870; 1869-70, 815.] ''P Granting of franchises to gas companies. «• > Section 1. From and after the passage of this act, it shall be lawful for the corporate authori- ties of every city and town in this state, and for the supervisors of the city and county of San Francisco, to grant to any gas company the privi- lege of laying down pipes in the streets or alleys of such towns and cities, including San Francisco, as aforesaid, and supplying gas for the lighting of the streets and buildings thereon; such privilege to continue for a term not exceeding twenty-five years. ■") * / * • "■ ' * * , Conditions. y ^'~ • ' / Sec. 2. Every such license or privilage shall be upon condition that the authorities shall have the right at any time to allow similar privileges to other companies; and upon tlie further condition, that the laying down of such pipes shall be sub- j<^ to the reasonable direction of the said author- 352 Gas— Gifts. ities, and shall do as little injury as possible to the paving, planking, or macadamizing of the streets and alleys aforesaid; and that whenever the paving, planking, or macadamizing of such streets or alleys is displaced for the purpose of laying down pipes or removing the same, or mak- ing connections therewith or repairs thereto, such paving, planking, or macadamizing shall be re- placed in as good order as practicable by such company. Contract for lighting streets. Sec. 3. The authorities of every such town or city, including San Francisco as aforesaid, may contract with any gas company for lighting the streets thereof; but no such contract shall be made at a fixed rate for a longer term than five years, nor at a variable or other rate for a longer term than ten years; nor shall any such contract be made at a higher rate than that now paid in the city of San Francisco. Location of works. Sec. 4. In addition to the foregoing provisions, the authorities of such towns and cities shall af- fix to every license or contract such conditions as will be for the benefit of the public, and may- secure their enforcement by any orders or ordi- nances which they may deem necessary. They may also control the location and construction of works so that they may be erected in suitable lo- calities to give the least discomfort or annoyance to the public. See. 5. This act shall take effect immediately. TITLE 101. GEOLOGICAL SURVEY. Acts relating to this subject can be found in Deering's Annotated Political Code under section 554. GIFTS. See ante, Donations to State, etc. Glenn County— Goats. 353 TITLE 102. GLENN COUNTY. An act to create the county of Glenn, to establish the boundaries thereof, and to provide for its organization. This act was approved March 11, 1891; Stats. 1891, p. 98. TITLE 103. GOATS. See ante, Estrays. An Act to prevent buck goats running at large. [Approved March 23, 1878; 1877-8, 437.] Buck goats not to run at large. Section 1. It shall not be lawful for the owner or owners of any buck goat or buck goats, or any person or persons in charge of such goat or goats, to turn or permit such goat or goats to be turned or run at large in any county of this state. Penalty for violation. • Sec. 2. Any person violating the provisions of the first section of this act shall, upon complaint and conviction before a justice of the peace of the proper township, be fined in a sum not less than five dollars, nor more than twenty dollars, to be collected as fines are now by law collected. Sec, 3. This act shall take effect on and after the first day of July, eighteen hundred and seven- ty-eight. In addition to the foregoing general act in rela- tion to goats, there are various acts referring to the running at large of and trespassing by these animals. Some of them are noted under the head of "hogs" and "sheep." The following, passed in 1878, may be referred to here: An act to prevent the trespassing of goats on iu^osed lands in Amador county, approved March 26, 1878; 1877-8, 536. 354 Gaphers— Guardians. An act to prevent slieep and goats from being herded or running at large in certain portions of Lalve county, approved March 29, 1878, 1877-8, t>85. GOPHERS. See Squirrels. TITLE 104. GOVERNOR. Acts relating to, see Penal Code, Appendix, title Governor, p. 564; Political Code, Appendix, title Governor, p. 1035. In addition consult act for pur- chase of picture of Washington Bartlett, approved March 19, 1889, Stats. 1889, p. 327. TITLE 105. GRAND ARMY. Acts relating to, see Penal Code, Appendix, title Grand Army, p. 564, and post, title Veterans' Home. ^ TITLE 106. GROWING TREES. Acts relating to^ see Penal Code, Appendix, title Grawing Trees..p. 565. •. "A- /' ^/ TITLE 107. GUARDIANS. 7 Acts relating to, see Civil Code, Appendix, title Guardians, p. 771. Hides of Cattle. 355 TITLE 108. HAMBURG HOKTICULTURAL EXPOSITION. An act appropriating money to pay the expenses of collecting, preparing, forwarding, installing and maintaining, taking down and returning an ex- hibit of the products of the State of California at the Hamburg Horticultural Exposition, to be held at Hamburg, Germany, in eighteen hundred and ninety-seven, and to provide for a commission, secretary of a commission, and the pay of the secretary thereof. [Stat, approved April 1, 1897; Stats. 1897, chap. celiii.] Six thousand dollars was appropriated for the purpose indicated. TITLE 109. HARBOR COMMISSIONERS. Acts relating to: See Political Code, Appendix, title. Harbor Commissioners, p. 1035. TITLE 110. HASTINGS LAW SCHOOL. See University. Acts relating to the Plastings Law School can be found in Deering's Annotated Penal Code, pp. 740- 742, and in Deering's Annotated Political Code, under section 1396. TITLE 111. HIDES OF CATTLE. The Political Code, sec. 19, continued in force the following act: An act for the better protection of stock raisers in the counties of Fresno, Tulare, Monterey, ^^nd Mariposa. [Approved March 20, 1866, 322.] -^ 356 Highways. "l^y^ TITLE 113. w//*^" HIGHWAYS. "^/^n Act for the establishment of a uniform system y^ of road g-overnment and administration in the counties of the State of California. [Approved April 1, 1897; Stats. 1897, p. 374.] In the case of Davis v. Whidden, filed July 28, 1897, it was held that this act commonly known as the Clark Road Law was inconsistent with the county government bill passed at the same ses- sion, and was repealed by it. An act to create a bureau of highways, and pre- scribe its duties and powers, and to make an appropriation for its expenses. [Stat, approved March 27, 1895; Stats. 1895, chap, cciii.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within ten days after the passage of this act the governor shall appoint three com- petent persons to compose a bureau of highways, who shall hold office for two years from the date of their qualifying. The persons so appointed shall be selected with particular reference to their qualifications for the duties devolving on them. They shall not be actively engaged in any other pursuit while serving as such commissioners, and shall devote their entire time to the services of the bureau of highways. In case of a vacancy occurring on the said bureau, the governor shall, within ten days, appoint a person of proper quali- fications to fill such vacancy. Sec. 2. The members of the bureau of high- ways, before entering on the duties of their office, must execute an official bond in the sum of five thousand dollars, and take the oath of office as prescribed in the Political Code for the state officers in general. \y Highways. 357 Sec, 3. Among the duties of the bureau of higliways shall be to gather from each county in the state statistics showing the total mileage of highways, their condition of improvement, the condition of the titles to the right of way, the method of obtaining title and of keeping the records thereof, the method of procedure in grant- ing, closing, and altering roads, and the manner of preserving the records of the same, the manner in which roads are constructed and maintained, the manner of payment for the construction and maintenance of roads, the manner in which the accounts pertaining to the same are kept, the manner in which the money for highway purposes is raised, the amount expended in the past ten years for highway purposes, with the rate of tax- ation on one hundred dollars that is apportioned to the road fund. It shall inquire into the topo- graphical and geological features of each county, and more particularly with reference to the ac- cessibility of water for road-sprinkling purposes, and stone quarries, deposits of gravel, bituminous rock, sand, adobe, or any other materials suitable for road-making purposes. It shall ascertain all laws, now in force in this state, appertaining to the liighAvays, and shall segregate all such as in the n'ndgment of the members of the bureau are ineffective or obsolete from such as are effective. Inquiry shall be made into what laws and methods are in use in other states in regard to road matters, and an abstract shall be made of such as are best adapted to the state of Califor- nia. It shall prepare such cross-sections of roads, plans for draining or watering of roads, and for culverts, small bridges, and road appliances as may be deemed expedient. It shall prepare such blank forms as may be necessary to systemize all acts pertaining to the highways, and shall fur- thermore make any other inquiries in matters re- garding highway improvement as will be of in- terest or benefit to the ob.lects of the said bureau. Information and advice shall be furnished by the bureau of highways, on matters connected with highway improvement and kindred subjects, at any and all times, to all county officials, or others connected with the highways, who may apply for tlT^-same, and any and all such information and 358 Highways. advice sliall be furnished free of charge. It shall receive orders for road material, to be prepared at the state prisons, and shall forward the same to the governing body of the prisons, and in case the orders exceed the rate of supply, shall make an enuitable distribution of the product. Sec. 4. One or more members of the bureau of highways shall visit each county in the state at least once in each year, and shall hold therein a public meeting, at which there shall be an open discussion of all matters relating to highways or highway improvement. Sec. 5. The bureau of highways shall have power to call on the clerli of the board of super- visors, surveyor, auditor, or any other official, for such assistance as may be necessary for gather- ing the information it may desire. It may take testimony of any persons deemed necessary, in relation "to matters pertaining to highways, and shall, in doing so, follow the methods set forth in an act entitled "An act creating a board of bank commissioners." Sec. 6. The members of the bureau of high- ways shall each receive a salary of three thou- sand dollars per annum, which shall be audited by the state controller, and paid by the state treasurer, in the same manner as are salaries of other state officials. Sec: 7. . Within ten days after the appointment of the members of the bureau of highways, they shall assemble at the office of the surveyor gene- ral at the state capitol, in the city of Sacramento, and shall be called to order by that official, and shall forthwith elect a chairman from among their number, who shall preside at all the meet- ings of said bureau of highways, and exercise the duties usually devolving upon a presiding ofiicer. Sec. 8. Tlie otiice of the bureau of highways shall be located in the state capitol building, in the city of Sacramento, The secretai*y of state is hereby directed to provide said bureau of high- ways with a room suitably furnished for that purpose. The office before named shall be the office of the bureau of highways, but the mem- bers thereof shall visit such portions of the state and at such times as they may deem advisable or the duties devolving on them may require. Highways. 359 Sec. 9. The bureau of highways shall have the power to employ such clerical, expert, or other assistance as may be necessary for the purpose of conducting the alfairs of its oflace, subject to the approval of the state board of examiners. The members of the bureau of highways, or any employee thereof, shall be allowed their actually necessary traveling expenses when in the dis- charge of their duty. The bureau of highways shall be allowed all necessary supplies and con- veniences for the purpose of conducting the af- fairs of its office. All claims against the state, contracted by the bureau of highways, shall, be- fore payment, be examined, audited, and ap- proved by the board of examiners. Sec. 10. The bureau of highways shall have a seal, which shall be affixed to all necessary pa- pers and documents in the usual manner. It shall also cause to be kept proper books, as records of all acts done by it under tlie provisions of this act. Sec. 11. It shall be the duty of the state min- eralogist to furnish the bureau of highways such data and information as it may call for. Sec. 12. It shall be the duty of the attorney general to advise the bureau of highways on all legal matters, when requested to do so. Sec. 13. It shall be the duty of the bureau of highways to prepare a report, which shall be sub- mitted to the governor, in the manner and at the time prescribed by law for the submission of such reports. Said report shall embrace the work and investigation of the bureau for the previous two years, with recommendations that will be useful in framing a practicable road law, together with such information as will be useful in the improve- ment of the highways. There shall also be pub- lished from time to time, as may be deemed ad- visable by the bureau, bulletins containing use- ful recommendations and instructions regarding highway construction, maintenance, and kindred subjects. Sec. 14. It shall be the duty of the state prmter, upon proper order from the board of ex- aminers, to print the report of the bureau of high- ways, together with such bulletins as it may de- sire to publish, and the distribution shall be made u«4^r. proper order from the board of examiners 360 Highways. Sec. 15. The bureau of highways shall, upon the expiration of its existence, which shall be two years after its organization, deliver to the state controller, all property, books, reports, and pa- pers of every description pertaining to its office. Sec. IG. The sum of thirty-one thousand dol- lars is hereby appropriated out of any money in the general fund of the state treasury not other- wise^appropriated, to pay the expenses of the said bureau, and the state controller is hereby directed to draw his warrant for the same from time to time, as necessary, and the state treasurer is hereby directed to pay the same. Said appropria- tion shall cover all the expenses of the bureau of highways, and in no case shall an indebtedness over and above the amount so appropriated be created or allowed. One-half of the appropriation herein made shall be available during the forty- seventh fiscal year, and the other half during the forty-eighth fiscal year. Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby re- pealed. Sec. IS. This act shall take effect and be in force from and after its passage and approval. An Act to create a Department of Highways for the State of California, to define its duties and powers, to provide for the appointment of offi- cers and employees thereof, and to provide for the compensation of said officers and em- ployees, and for the additional expenses of said department, and to make an appropria- tion therefor for the remainder of the forty- eighth fiscal year. [Stats, approved April 1, 1897; Stats. 1897jChap. cclxvii. ] - "™^' " Section 1. A department of and for the State of California, to be known as the Department of Highways, is hereby created, to consist of three chief executive offi'eers. wlio shall be known as Highway Commissioners. Said department, its officers and employees, shall have and exercise tne powers and duties hereinafter specified, and such as are or may be otherwise provided by law. Highways. 361 Sec. 2. Immediately upon the taking effect of this act, the Governor, by and with the consent and advice of the Senate, shall appoint three per- sons as highway commissioners. The persons so appointed shall be selected with particular refer- ence to their qualifications for, and practical knowledge of, highw^ay location, construction, and maintenance. The highw^ay commissioners shall devote their entire time to the service of the State, and shall not actively engage in any other pursuit while serving as highway commissioners. The commissioners shall personally perform all the engineering work of the department; provided, that the department may be allowed assistance on the engineering work thereof on receiving the unanimous approval of the State Board of Exam- iners. Sec. 3. Each of the highway commissioners shall hold office for the term of two years from and after the date of his qualification, as herein- after provided for. At the expiration of said last- named term two of said three offices shall there- upon cease and determine, and the powers and du- ties herein specified shall devolve upon one high- way commissioner. At least thirty days prior to the expiration of the terms of the highway com- missioners provided for above in this section the Governor, by and with the advice and consent of the Senate, unless it be otherwise provided by law, shall appoint, for a term of four years, and every four years thereafter, one civil engineer as high- way commissioner, who shall have the qualifica- tions specified in section two of tliis act, and upon him shall devolve all of the duties and powers Avliich shall be conferred upon the commissioners first appointed under the provisions of this act, and who shall receive like compensation. When ever a vacancy occurs in the office of highway commissioner, it shall be the duty of the Governor '^^'Gen. Laws— 31. a- 362 Highways. to fill such vacancy for the unexpired term, which appointment shall be confirmed by the Senate at its next session. Sec. 4. Within twenty days after receiving no- tice of appointment, the person or persons so ap- pointed shall file a bond in the sum of ten thou- sand dollars ($10,000), with at least two sufficient sureties thereon, for the faithful performance of liis duties, which bond must be approved by the Governor, and filed with the Secretary of State, and qualify by talking the oath of office as pre- scribed for State officers. Sec. 5. The three chief executive officers herein- before provided for shall immediately, upon quali- fying, organize by electing one of their number as president and shall adopt a seal for the authentica- tion of its acts, records, and proceedings. Sec. 0. The Department of Highways shall have power to appoint a secretary, and a stenographer, who shall hold office at the pleasure of the depart- ment. Such employees shall not be eligible for such appointment unless they possess special qual- ifications for, and are competent to perform the duties devolving on them; and they shall devote their entire time to the service of the department. Sec. 7. The office of the Department of High- ways shall be in the State Capitol building; and the Secretary of State shall assign to the depart- ment, for its use, such rooms as may be necessary for its accommodation. All of the regular meet- ings of the department shall be held at such office. The department may, however, hold such special meetings at such places as the duties of the de- partment, or the best interests of the State, may require. Sec. 8. ,The Department of Highways shall take possession, in the name of the State, as rapidly as the funds provided therefor will permit, of all roads which have been or may be declared State highways. Highways. 363 Sec. 9. The Department of Highways shall have charge of all expenditures made by the State for highway purposes, except as otherwise provided by law; and all moneys appropriated for such pur- pose shall be made payable upon proper order of said department. All claims and accounts which may be incurred by the Department of Highways shall, however, before payment, be audited by the Board of Examiners. Sec. 10. The Department of Highways shall make examination into existing highway condi- tions in the State of California, and shall, further- more, make such investigations within the State, as will put at the service of the State the most approved methods of highway improvement. It shall supply, on request, without charge, any in- formation relative to highways required by any county or district official having care of and au- thority over highways within this State. It shall collect and collate data relating to the geological formation of the State in so far as it relates to material suitable for highway construction, and make analyses and tests of such material as it may deem suitable for highway uses, with the view of determining the value of the same for such purposes. All data so collected, together with such other matters of value or interest to the people of the State, shall be published in bulletins, or upon maps or diagrams, or in other proper form, or in the biennial report of the department, as it in its discretion shall determine. The department shall prepare and adopt styles and forms of books for use by officials, in which to keep account of the expenditure of highway money and all other rec- ords or proceedings relating to highways. It shall prepare such forms as may be necessary for use in connection with opening, abandoning, altering, lo- cating, constructing, maintaining, obtaining title tOj^r otherwise relating to proposed State high- ways"; and such books and forms, when so adopted, 364 Highways. shall be the standard for use in the State. Copies of them shall be forwarded to the various ofla- cials who are cliarged w^ith keeping or using the same, and such officials shall immediately pre- pare boolvs and forms after the style shown by such standard, and shall thereafter use them ex- clusively for the purposes for which they are in- tended. It shall be the duty of the department to adopt such general forms for the surveying of State highways, mapping, and lieeping of the notes thereof, and the permanent marlving of the same on the ground, as it shall deem necessary, and shall issue instructions defining such general forms and marliings to the person having charge of the making of such surveys; and it shall there- after be the duty of such persons to follow the methods prescribed in such instructions. The De- partment of Highways, in performance of its du- ties, shall have the power to call upon, any State, county, or district official to furnish it with any information contained in his office which relates to or is in any way necessary to the proper per- formance of the work of said department; and it is hereby made the duty of such officials to fur- nish such information without cost. The Attor- ney General of the State shall be the legal ad- viser of the Department of Highways, and said Department of Highways shall call upon the At- torney General of the State for all such legal ad- vice and services as the discharge of its duties may require. Sec. 11. The department shall prepare biennial reports, which shall be submitted to the Governor at least thirty days before each session of the Legislature. Said report shall embrace the work and investigations of the department for the pre- vious two years, together with such recommenda- tions for changes in the law which it may deem advisable, and which the proper and economical maintenance of the highways may demand. Highway's. 365 Sec. 12. It shall be the duty of the State Con- troller, upon the demand of the Department of Highways, to transfer to it, for its use, all of the property, books, reports, and papers of every de- scription which shall be transferred to him under the provisions of an act entitled "An Act to create a bureau of highways, and prescribe its duties and powers, and malie an appropriation for its ex- penses," approved March twenty-seventh, eighteen hundred and ninety-five. Sec. 13. It shall be the duty of the State Printer to print such reports, bulletins, or other matter, and furnish any necessary illustrations or dia- grams therefor as the Department of Highways may deem necessary; all of which shall first be subject to the approval of the State Board of Ex- aminers. Sec. 14. The Department of Highways shall have the power and authority to employ, when in its judgment it is deemed necessary, such assist- ance of a special character as may be necessary and proper, for the discharge of its duties. The department shall also have the power to purchase such supplies, fixtures, and conveniences, as may be necessary in the performance of its work. The Commissioners of the Department of Highways, or any employee thereof, shall be allowed their necessary traveling expenses while engaged in the discharge of their duties within the State. All of the expenses mentioned in this section, except as otherwise herein provided, shall be paid from the appropriation for the contingent expenses of the Department of Highways. The employment and compensation of assistants under the provisions of this section must receive the approval of the State Board of Examiners. The expense incurred in lo- cating and definitely surveying State highways in a county shall be paid from the funds apportioned thereto for State highway purposes. "^c.'lS. The Commissioners of Highways shall 366 Highways. each receive the sum of three thousand dollars ($3,000) per annum; the secretary the sum of fif- teen hundred dollars ($1,500) per annum; and the stenographer the sum of twelve hundred $1,200) per annum. Such salaries shall be paid at the same time and in the same manner as are the sal- aries of other State oflScers. sec. 16. For the purposes of carrying out the provisions of this act, the sum of three thousand dollars ($3,000) is hereby appropriated out of any money in the State treasury not otherwise appro- priated, to pay the salaries of the officers, and employees and the other expenses of said depart- ment for the remainder of the forty-eighth fiscal year. Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. IS. This act shall take effect and be in force from and after its passage. An Act to provide for the protection and preserva- tion of public highways from damage by storm waters and floods, and to authorize the ex- penditure of public moneys for the purposes thereof. [Stat, approved April 1, 1897; Stats. 1897, chap, cclviii.] Section 1. Whenever it appears to the Board of Supervisors that any public road, in any road dis- trict of the county, is in danger of being damaged by storm waters, or floods, or whenever any pub- lic highway has already been damaged by storm waters, or floods, it is hereby made the duty of the Board of Supervisors to adopt such measures as may be necessary to prevent such damage, or to repair the same; and the Board of Supervisors is hereby authorized to construct flumes, ditches, or canals, for the purpose of carrying off such storm waters, or floods, to a place of safety, and may Highways. 367 condemn the right of way for such flumes, ditches, or canals for such purpose; provided, however, that no more than the sum of one thousand dollars shall be used for such purpose in any one road district of the county in any one year. Sec. 2. All moneys used for the purposes of this act may be taken from the general road fund of the county. Sec. 3. This act shall take effect and be in force from and after its passage. // An Act to provide for the construction of a state i- [^ highway or wagon road from Sacramento i ' City to Folsom, in Sacramento County, and ^^ appropriating crushed rock and granite or i stone blocks for drains and culverts for same. [Stat, approved March 29, 1897; Stats. 1897, chap, clxxvi.] The object of the act appears from the title. An Act relating to the granting by counties and municipalities of franchises for the con- struction of paths and roads for the use of bi- cycles and other horseless vehicles. [Stat, approved March 27, 1897; Stats. 1897, chap, cxxx.] Section 1. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such' regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on /^ the surface, elevated, or depressed, on, over, ^ across, or under the streets and public highways 7/ of any such county, city and county, city, or town, W for the use of bicycles, tricycles, motor-cycles, an^^ other like horseless vehicles, propelled by the rideiv^C* for a term not exceeding fifty years; provided, that / «r incorporated cities no franchise shall be granted ^ for the purpose herein expressed, unless the con- / 368 Highways. sent in writing of tlie owners of a majority of the frontajre npon the road or street, along which said path or Tx»ad is sought to be constructed, be first had and obtained and filed with such legislative or governing body. Sec. 2. xhis act shall take effect immediately. An Act TO regulate the widths of tires of wagons to be used on the public highways of the State of California. [Stats, approved March 20, 1897; Stats. 1897, chap, cxvii.] Section 1. The width of tires for wheels upon wagons or other vehicles to be used upon public highways of the State of California, shall be, for the following styles of wagons, as follows: Two and three-fourths inch steel or thimble-skein axle, one and seven-eighths inch tubular steel or iron axle, not less than three-inch tire; one and one-half inch steel or iron axle, two and one-eighth inch tubular or iron axle, not less than three and one-half inch tire; three-inch steel or thimble- skein, one and five-eighths inch steel or iron axle, two and three-eighths inch tubular steel or iron axle, not less than four-inch tire; three and one-fourth inch steel or thimble-skein, one and three-fourths or one and seven-eighths inch steel or iron axle, two and five-eighths inch tubular steel or iron axle, not less than four and one-half inch tire; three and one-half inch steel or thimble-skein, two-inch steel or iron axle, two and seven-eighths inch tubular steel or iron axle, not less than five-inch tire; three and three-fourtlis inch steel or thimble-skein, two and one-fourth steel or iron axle, three or three and one-eighth inch tubular steel or iron axle, not less than five and one-half inch tire; four-inch and larger, steel or thimble-skein, two and one-half inch, and larger, steel or iron axle, three and one- Highways— Hogs. 369 fourth inch, and larger, tubular steel or iron axle, not less than six-inch tire. Other styles of axle sliall have tires of same width as those of equal carrying capacity above specified. All intermedi- ate sizes shall have tires of the same width as the next larger size above specified. Sec. 2. Every person who sells, or purchases, or uses upon any public highway of the State of Cali- fornia any wagon or other vehicle, the wheels of which wagon or vehicle has tires of a less width than as specified for such liind of wagon in section one of this act, shall be guilty of a misdemeanor. Sec. 3. Every person who brings into the State of California, or who, in said State, offers to sell or sells any such wagon or vehicle which has not tires of the width prescribed by section one of this act, shall be guilty of a misdemeanor. Sec. 4. Any person found guilty of a violation of any of the provisions of this act shall be fined in the penal sum of not less than twenty-five dol- lars ($25) nor more than five hundred dollars ($500) or to be imprisoned in the county jail not less than twenty-five (25) days nor more than six months. Sec. 5. This act shall take effect and be in force after January first, nineteen hundred. An act to appropriate money for the purchase of certain roads within the limits of the Yosemite grant. [Approved March 14, 1889; 1889, 142.] Fourteen thousand dollars was appropriated for the purposes indicated. ^^ TITLE 113. HOGS. ^The acts concerning hogs found running at large seem to be continued in force by the Political 370 Home of Adult Blind. Code, sec. 19, subd. 23. They are, in one sense, ^ . laws in relation to estrays or trespassing animals, is:*- and should be read in connection with the laws on ^■\^ those subjects. It may be observed, however, that ' "it. It was the intention to continue enactments, "^^ V^iiich lilie these involve penalties and forfeitures, ' the declaration to that effect ought to be plainer. A reference to these acts will be found in Deer- ing's Annotated Penal Code, p. 582, et seq. HOME FOR FEEBLE-MINDED CHILDREN. * See Feeble-Minded Children. ^ TITLE 114. HOME OF ADULT BLIND. Consult the following acts: An act appropriating forty thousand dollars for the purpose of the establishment and manage- ment of the Industrial Home of Mechanical Trades for the Adult Blind of the State of Cal- ifornia. [Approved March 5, 1885; 1885, 198.] An act appropriating the sum of twenty-eight thousand five hundred dollars, for the purpose of purchasing suitable property for the location of the industrial home of mechanical trades for the adult blind of California. [Approved March 17, 1887; 1887, 175.] An act establishing an industrial home of me- chanical trades for the adult blind of the state of California, creating a board of directors for the government thereof, and appropriating the sum of sixty-five thousand dollars for the sup- ) port of said home. [Approved March 17, 1887; 1887, 160.] Homesteads. 371 This act was amended March 14, 1889, Stats. 1889; p. 147. See the former act on this subject approved March 5, 1885; Stats. 1885, p. 198. An act to appropriate the money now in the treas- ury of the state of California, known as the adult blind fund, unavailable. [Approved March 14, 1889; 1889, 152.] An act appropriating the sum of ten thousand -7 dollars to erect a" brick building, to be used as^ a dormitory for the "adult blind" inmates at the home for the adult blind. [Approved March 21, 1887: 1887, 234.] TITLE 115. HOME OF THE INEBRIATE. The Political Code, sec. 19, expressly continued in force the following act in relation to the home of the inebriate in San Francisco. An act relating to the home of the inebriates of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof. [Approved April 1, 1870; 1869-70, 585.] This act and acts of May 2, 1862 and April 17, 1876, relating to the same subject were repealed by the act of March 26, 1895, Stats. 1895, p. 76; see also March 27, 1895, Stats. 1895, p. 201. TITLE 116. HOMESTEADS. '•'Acts relating to, see Civil CodOj, Appendix, title Homesteads, p. 771 et seq. A r" 1 ! • >^ 372 Homing Pigeons— Hops, TITLE 117. HOMING PIGEONS. An act for tlie protection of the Antwerp messen- ger, or homing pigeon. [Stat, approved February 26, 1897; Stats. 1897, chap, xxxix.] The people of the state of California, represented in Senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person, other than the owner thereof, to shoot, maim, or kill any Antwerp messenger, or homing pigeon, either in flight or at rest. Sec. 2. It shall be unlawful for any person, other than the owner thereof, to shoot, maim, or detain any Antwerp messenger, or homing pigeon. Sec. 3. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, for every such offense, shall be punished by a fine of not less than ten (10) or more than twenty-five (25) dollars, or by imprisonment in the county jail for a term not exceeding fifty (50) days. Sec. 4. This act shall take effect and be in force from and after its passage. TITLE 118. HOPS. An act fixing the rate of tare on baled hops. [Approved March 31, 1891; Stats. 1891, p. 452.] Section 1. There shall be allowed on baled hops a tare at the rate of two per centum of the weight of the bale for the cloth and other material used in baling; tliat is, the tare shall be at the rate of two pounds per hundred on the weight of the bale. See. 2. This act shall take effect and be in force from and after its passage. Horticulture. 373 TITLE 119. HORTICULTURE. See Agriculture; Forestry; Viticulture. An act to create and establish a state board of horticulture, and appropriate money for the ex- penses thereof. [Approved March 13, 1883; 1883, 289.] Board of horticulture — Districts. •* y Section 1. There shall be a state board of horW-J' ticulture, consisting of nine members, who shaW ) (j be appointed by the governor; two from the statfe ,»/ at large, and one from each of the seven horti- IT v cultural districts, which are hereby constituted as follows: 1. The Sonoma district, which shall include the counties of Sonoma, Marin, Lake, Mendocino, Humboldt, Del Norte, Trinity, and Siskiyou. 2. The Napa district, which shall include the counties of Napa, Solano, and Contra Costa. 3. The San Francisco district, which shall in- clude the city and county of San Francisco, and the counties of San Mateo, Alameda, Santa Clara, Santa Cruz, San Benito, and Monterey. 4. The Los Angeles district, which shall include the counties of Los Angeles, Ventura, Santa Bar- bara, San Luis Obispo, San Bernardino, and San Diego. 5. The Sacramento district, which shall include the counties of Sacramento, Yolo, Sutter, Colusa, Butte, Tehama, and Shasta. t). The San Joaquin district, which shall include the counties of San Joaquin, Stanislaus, Merced, Fresno, Tulare, and Kern. 7. The El Dorado district, which shall include the counties of El Dorado, Amador, Calaveras, Tuolumne, Mariposa, Placer, Nevada, Yuba, Si- erra, Plumas, Lassen, Modoc, Alpine, Mono and Inyo. Members. Sec. 2. The members appointed from each dis- trict shall be residents of the district from which ih^jj;. are appointed, and shall be specially qualified "Gen. Laws— 32. 374 Horticulture. by practical experience and study in connection with the industries dependent upon horticulture, They shall each hold office for the term of four years, except that of the nine first appointed, four, to be determined by lot, shall retire at the end of two years, when their successors shall be ap- pointed by the governor. Officers. Sec. 3. The board shall biennially elect a presi- dent, a vice-president, a chairman of the finance committee, and appoint from without their own number a secrete ry, who shall be ex-officio hocti- cultural officer; and elect of their own number a treasurer, who shall give a bond to the state, with sureties approved by the board, in the sum of ten thousand dollars, for the faithful discharge of his duties. [Amendment approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] Powers and duties. Sec. 4. The board may receive; manage, use, and hold donations and bequests for promoting the objects of its formation. It shall meet semi- annually, and as much oftener, and at such places, as it may deem expedient, to consult and adopt such measures as may best promote the horticul- tural industries of the state. It may, but without expense to the state, select and appoint competent and qualified persons to lecture in each of the hor- ticultural districts named in section one of this act, for the purpose of illustrating practical hor- ticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing, and also in the best methods of treating the diseases of fruit and fruit-trees, cleansing orchards, and ex- terminating insect pests. The office of the board shall be kept open to the public, subject to the rules of the board, every day, excepting legal holi- days, and shall be in charge of the secretary dur- ing the absence of the board. Disinfection of pacliages. Sec. 5. For the purpose of preventing the spread of contagious disease among fruit and fruit-trees, and for the prevention, treatment, cure, and extirpation of fruit pests and the dis- eases of fruit and fruit-trees, and for the disinfec- Horticulture. 375 tion of grafts, scions, orchard debris, empty fruit boxes, and packages, and other suspected material or transportable articles, dangerous to orchards, fruit, and fruit-trees, said board shall make regu- lations for the inspection and disinfection thereof, which said regulations shall be circulated in printed form by the board among the fruit grow- ers and fruit dealers of the state shall be pub- lished at least twenty days in two daily newspa- pers of general circulation in the state not of the same city or county, and shall be posted in three conspicuous places in each county in the state, one of which shall be at the county courthouse, thereof. Such regulations when so posted shall be held to impart notice of their contents to all persons within the state, and shall be binding up- on all persons. Appointment of clerk of the publishing and quar- antine bureau. Sec. 6. Said board shall appoint from without their number a competent person, especially quali- fied for the duties of his office, who shall be known as clerk of the publishing and quarantine bureau of the state board of horticulture (to hold office at the pleasure of the board), who shall be qualified, by experience and education as a com- piler, to correct reports and essays, to present in a logical order all the information to be published, and shall give his whole time in such work, and such other duties as may be required of him by the board and by reason of his official position, and shall have power to enforce all rules and regu- lations regarding the spread of insect pests, quar- antining districts or nurseries found to be infected. He shall be paid for his services as clerk of the publishing and quarantine bureau of the state board of horticulture one hundred and seventy-five dollars per month, to be paid as other state offi- cers. [Amendment approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] Appointment of quarantine guardians. Sec. 7. The said board, and in case of neces- sity during the recess of the board, the said clerk of' the publishing and quarantine bureau, may ap- poHiit^uch quarantine guardians as may be needed 376 Horticulture. to carry out the provisions of this act, whose duties it shall be to see that the regulations of the board, and the instructions of the clerk of the publishing and quarantine bureau, are enforced and carried out; said clerk may appoint, in case of emergency, a deputy, who shall have the same poAA^er as his own, whose salary shall not exceed three dollars per day for each day's services performed, said services to be paid for by the state board of horti- culture. The said quarantine guardians shall re- port to said clerk, or to the state board, all infrac- tions or violations of said directions, regulations and of the law in regard to quarantine, disinfec- tion, and destruction of insect and other pests in- jurious to fruit, fruit-ti;^es, or vines, and precau- tions against the spreading of all the aforesaid named pests and diseases. The salary of quaran- tine guardian shall not exceed three dollars per day, and shall be paid by the owners of orchards and other places and localities under quarantine regulations; and they may maintain an action therefor before any justice of the peace in any township in which any quarantine locality is wholly or in part situated, but in no case shall they have any claim upon the state for such ser- vices. [Amendment approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] Secretary, duties of. Sec. 8. It shall be the duty of the secretary to attend all meetings of the board and of the ex- ecutive committee, and to preserve records of its proceedings and correspondence; to collect books, pamphlets, and periodicals, and other documents containing information relating to horticulture, and to preserve the same; to collect statistics and other information showing the actual condition and progress of horticulture in this state and else- where; to correspond with agricultural and horti- cultural societies, colleges, and school of agricul- ture and horticulture, and other persons and bodies, as he may be directed by the board; and prepare, as required by the board, reports for pub- lication. He shall appoint, subject to the ap- proval of the board, a competent person as clerk, and he shall be held responsible for the acts of Horticulture. 377 said clerk. He shall be paid for his services as sucli secretary and ex-officio horticultural officer a salary of one hundred and seventy-five dollars per month. His clerk shall be paid a salary (as such clerk) of fifty dollars per month, each to be paid as other state officers. [Amendment approved March 7, 1889; Stats. 1889, p. 89. In effect imme- diately.] Compensation. Sec. 9. Repealed March 7, 18S9; Stats. 1889, p. 89. In effect immediately. Reports. Sec. 10. The board shall biennially, in the mouth of January, report to the legislature a statement of its doings, with a copy of the treas- urer's accounts for the two years preceding the session thereof, and abstracts of the reports of the inspector of fruit pests and secretary. Said report shall not exceed one hundred printed pages. Duty of treasurer. Sec. 11. The treasurer shall receive all moneys belonging to the board, and pay out the same only for bills appi'oved by the chairman of the finance committee, and shall, annually, render a detailed account to the board. Section 11 of this act was amended to read as above by an act approved February 18, 1885, to take effect immediately. Appropriation. Sec. 12. There is hereby appropriated for the use of the state board of horticulture, as set forth in this act, out of any moneys in the state treas- ury not otherwise appropriated, for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, the sum of one thousand dollars, and the state controller shall draw his warrants upon the state treasurer in favor of the treasurer of said board for the same, upon proper demand. [Amendment approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] Sec. 13. This act shall take effect and be in force from and after its passage, and all acts or parts of acts inconsistent or in conflict with the prwisions of this act are hereby repealed. 378 Horticulture. Executive committee. Sec. 14. The president (and in liis absence the vice-president) and the two commissioners for the state at large shall constitute the executive com- mittee; said committee shall have charge of the management of the affairs of the board while the board is not in session. The members of said committee shall receive their actual traveling ex- penses in attending quarterly meetings of the ex- ecutive committee. The other members of the board shall receive their actual traveling expenses (only) in attending semi-annual meetings of the board. [New section approved March 7, 1889; Stats. 1S89, p. 89. In effect immediately.] Vacancies. Sec. 15. Vacancies occurring in any oflSce shall be tilled by appointment made" by the president of the board, w^ith the consent of the executive com- mittee, until the next meeting of the board. [New section approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] To publish reports. Sec. IG. Said board shall mal^e and publish their reports annually. [New section approved March 7, 1889; Stats. 1889, p. 89. In effect imme- diately.] County boards. Sec. 17. It shall be the duty of the county boards of horticulture to make quarterly reports in writing to the state board of the condition of fruit interests in their several districts, what is being done to eradicate insect pests, also as to dis- infecting, and as to quarantine against new in^ sects, and as to carrying out of all laws relative to the greatest good of the fruit interest. Said board shall publish said reports in bulletin form, or may incorporate so much of the same in their annual reports as may be of general interest. [New section approved March 7, 1889; Stats. 1889, p. 89. In effect immediately.] Expenditures, how^ determined. Sec. 18. The expenditures necessary to be made in experiments in the different districts shall be determined by the board. On application of one or more of the fruit growers in such districts, the Horticulture. 379 ■ said board shall select such person or persons to make such experiments, and pay the expenses thereof. The sum of not exceeding one thousand dollars for traveling expenses shall be allowed when the board or the executive committee shall deem it necessary to send either the clerk of bu- reau or secretary to direct and supervise such ex- periments; provided, that not more than one thou- sand dollars shall be expended in any one year for such traveling expenses. [New section approved Mai-ch 7, 1889; Stats. 1880, p. 89. In effect imme- diately.] An act to promote the horticultural interests of the state by providing county boards of horti- culture, and repealing the act entitled "An act to protect and promote the horticultural inter- ests of the state," approved March 14, 1881, and certain acts amendatory thereof, approved March 19, 1889, and March 31, 1891. [Stat, approved March 31, 1897; Stats, 1897, chap, clxxxiii.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever a petition is presented to the board of supervisors of any county, and signed by twenty-five or more persons, each of whom is a resident freeholder and possessor of an orchard, stating that certain or all orchards, or nurseries, or trees of any variety are infested with scale in- sects of any kind, injurious to fruit, fruit-trees, and vines, codlin moth, or other insects that are destructive to trees, and praying that a commis- sion be appointed by them, whose duty it shall be to supervise the destruction of said scale insects, as herein provided, the board of supervisors shall, within twenty days thereafter, appoint a board of horticultural commissioners, consisting of three members, who shall be qualified for the duties of horticultural commissioner. Upon the petition of twenty-five resident freeholders and possessors of an orchard, the board of supervisors may remove any of said cojumissioners for cause, after a hear- iskg of the petition. 380 Horticulture. Sec. 2. It shall be the duty of the county board of horticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any orchards, or nursery, or trees, plants, vegetables, vines, or fruits, or any fruit packing-house, storeroom, salesroom, or any other place or articles in their jurisdiction, and if found infested with scale insects, or codlin moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with their eggs, or larvae, they shall notify the owner or owners, or person or per- sons in charge, or in possession of the said places, or orchards, or nurseries, or trees, or plants, vege- tables, vines, or fruit, or articles as aforesaid, that the same are infested with said insects, or other pests, or any of them, or their eggs or lar- vae, and they shall require such person or per- sons, to eradicate or destroy the said insects, or other pests, or their eggs or larvae within a cer- tain time to be specified. Said notices may be served upon the person or persons, or either of them owning or having charge, or having posses- sion of sucli infested place, or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or ar- ticles, as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. Any and all such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, are hereby adjudged and declared to be a public nuisance; and whenever any such nuisance shall exist at any place within their jurisdiction, or on the property of any non-resi- dent, or on any property the owner or owners of which cannot be found by the county board of horticultural commissioners, after diligent search, within the county, or on the propertj^ of any owner or owners upon which notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time specified, it shall be the duty of the county board of horticultural commissioners to cause said nuisance to be at once abated, by eradicating or destroying said in- sects, or other pests, or their eggs, or larvae. The expense thereof shall be a county charge, and the Horticulture. 381 board of supervisors shall allow and pay the same out of the general fund of the county. Any and all sum or sums so paid shall be and become a lien on the property and premises from which said nui- sance has been removed or abated, in pursuance of this act, and may be recovered by an action against such property and premises. A notice of such lien shall be tiled and recorded in the offi»ce of the county recorder of the county in which the said property and premises are situated, with- in thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lieu, which actii;n sJiall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property, is sold enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs; and the overplus, if any there be, shall be paid to the owner of the property if he be known, and if not, into the court for his use when ascer- tained. The county board of horticultural com- missioners is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary manner. Sec. 3. Said county boards of horticultural com- missioners shall have power to divide the county into districts, and to appoint a local inspector, to hold ofi^ice at the pleasure of the commissioners, for each of said districts. The state board of hor- ticulture may issue commissions as quarantine guardians to the members of said county board of horticultural commissioners and to the local in- spectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural commissioners, shall have full au- thority to enter into any orchard, nursery, place or places where trees or plants are kept and of- fered for sale or otherwise, or any house, store- room, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or any C^'t thereof. 382 Horticulture. Sec. 4. It shall be the duty of said county board of horticultural commissioners to keep a record of their official doings, and to make a re- port to the state board of horticulture, on or be- fore the first day of October of each year, of the condition of the fruit interests in their several dis- tricts, what is being done to eradicate insect pests, also as to disinfecting, and as to quarantine against insect pests and diseases, and as to carry- ing out all laws relative to the greatest good of the fruit interest. Said board may publish said re- ports in bulletin form, or may incorporate so much of the same in their annual reports as may be of general interest. Sec. 5. The salary of all inspectors working un- der the county board of horticultural commission- ers shall be two dollars and fifty cents ($2.50) per day. In the case of the commissioners them- selves, their compensation shall be four dollars per day, when actually engaged in the perform- ance of their duties, and itemized necessary trav- eling expenses incurred in the discharge of their regular duties as prescribed in this act. Sec. 6. It shall be the duty of the county board of horticultural commissioners to keep a record of their ofiicial doings and make a monthly report to the board of supervisors; and the board of super- visors may withhold warrants for salaries of said members and inspectors thereof until such time as said report is made. Sec. 7. An act entitled "An act to protect and promote the horticultural interests of the state," approved March fourteentfi, eignteen hundred and eighty-one, and certain acts amendatory thereof, approved March nineteenth, eighteen hundred and eighty-nine, and ]Nfarch thirty-first, eighteen hun- dred and ninety-one, are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. Hospitals— Humboldt Bay. 383 TITLE 120. HOSPITALS. An act conferi'ing- power upon the governing body of municipal corporations of the first class to provide for the erection of a municipal hospital, and to levy a tax therefor. [a. [Stat, approved February 16, 1897; St^ts. 1^97, chap, xiii.] l^ iT^V Consult Statutes of 1897 for adt'^- ' ■ ■' / TITLE 121 HOUSE OF CORRECTIOX. [^ Acts relating to, see Penal Code, Appejidix, title, House of Correction, p. 566. '' I ' ^ " TITLE 122. HUMBOLDT BAY. n Consult the following acts: ^-^ An act to grant to the United States certain tide- lands belonging to the state of California, for the purpose of improving the harbor of Hum- boldt bay. [Approved March 9, 1887; 1887, 59.] An act to grant to the United States certain tide- lands belonging to the state of California, for the purpose of improving the harbor of Hum- boldt bay. [Approved March 15, 1889; 1889, 201.] > 384 Humboldt County— Indians. * TITLE 123. HUMBOLDT COUNTY. A reference to local acts relating to Humboldt county is contained in Deering's Annotated Penal Code, pp. 593-595. I^ITLE 124. HUNTING ON PRIVATE GROUNDS. A reference to acts relating to hunting is con- tained in Deering's Annotated Penal Code, pp. 595 and 596. TITLE 125. HUSBANDRY. An Act providing for the appointment of a com- mission to malve arrangements for the proper reception of the national grange of the patrons of husbandry, and appropriating money to de- fray the expenses thereof. [Approved March 6, 1889; 1889, G8.] The purpose of the act appears from the title. TITLE 126. INDIANS. ' An act for the government and protection of In- V Vdians, passed April 22, 1850, 408, with its amend- ^^ments, v^ill be found in the General Laws," sees. Vj 3650 et seq. Without further legislation, or an ad- judication by the supreme court, it will be diffi *s cult to determine how much, if any, of it is in force. It is deemed sufficient in this place to thus call attention to the subject. Indigent Sick— Infancy. 385 Consult also the following: An Act to provide for the auditing and examina^ tion of the claims against the State, of sol^f^ diers who served in the Indian wars in Califor- ^ nia, during the years from 1847 to 1857, to au- thorize the Adjutanf-General to appoint a clerk for that purpose, and making an appropriation for his salary. [Stat, approved March 31, 1897. Stats. 1897, chap, clxxxvii.] TITLE 127. INDIGENT SICK AND INFIRMARIES. A reference to the acts bearing on this subject is contained in Deering's Annotated Penal Code, pp. 598, 599. INDUSTRIAL HOME OF ADULT BLIND. See Home of Adult Blind. TITLE 138. INFANCY. Acts relating to, see Civil Code, Appendix, title Infancy, p. 775 et seq; Penal Code, Appendix, title Infancy, p. 570. Gen Laws— 33. i^'..*'/ ■^K 386 Insane. TITLE 129. INSANE. 1. Generally. 2. Stockton Asylum. 3. Napa Asylum. 4. Southern California. 5. Mendocino. 6. Agnews. 1. Generally. An act to prevent the overcrowding of asylums for the insane. [Approved March 9, 18S5; Stats. 1885, p. 35.] Discharge of those improperly committed. Section 1. No case of idiocy, imbecility, harm- less chronic mental unsoundness, or acute mania- a-potu, heretofore or hereafter committed to either of the state asylums for the insane, whenever, in the opinion of the resident physician of any state asylum for the insane at Napa, after a careful examination of the case of any person committed to the asylum of which he is the chief executive officer, it shall satisfactorily appear that such per- son has been improperly committed, and comes under the rule of exemptions provided for in this act, he shall have the authority, and it shall be his duty, to discharge such person so improperly committed, and return him or her to the county from which committed at the expense of such county; and no person having been so discharged shall be again committed to either of the said asylums, unless permission for such commitment be first obtained from the resident physician or medical superintendent thereof; and in case a per- son so discharged shall be again committed with- out such permission, the resident physician or medical superintendent shall refuse to receive such person, and shall not permit such person to be re- ceived into the asylum under such commitment. Sec. 2. All acts and parts of acts in conflict Insane. 387 with the provisions of this act are hereby re- pealed. Sec. 3. This act shall take effect from and af- ter its passage. An act entitled An act to provide for the future management of the state asylums for the in- sane. [Approved March 9, 1885; Stats. 1885, p. 32.] Insane able to pay for support. Section 1. The judge of the superior court of any county in this state shall inquire into the abil- ity of insane persons, committed by him to the asylum, to bear the actual charges and expenses for the time that such person may remain in the asylum. In case an insane person committed to the asylum under the provisions of this act shall be possessed of real or personal property sufficient to pay such charges and expenses, the judge shall appoint a guardian for such person, who shall be subject to all the provisions of the general laws of the state in relation to guardians, as far as the same are applicable; and when there is not sufficient money in the hands of the guardian, the judge may order a sale of the property of such insane person, or so much thereof as may be necessary, and from the proceeds of such sale the guardian shall pay the board of trustees the sum fixed upon by them each month, quarterly in ad- vance, for the maintenance of such ward; and he also shall, out of the proceeds of such sale, or such other funds as he may have belonging to such ward, pay for such clothing as the resident physician shall, from time to time, furnish such insane person; and he shall give a bond, with good and sufficient sureties, payable to the board of trustees, and approved by the judge, for the faithful performance of the duties required of him by this act, as long as the property of his in- sane ward is suffi'cient for the purpose. If indi- gent insane persons have kindred of degree of husband or wife, father, mother, or children, liv- ing within this state, of sufficient ability, who are otherwise liable, said kindred shall support such intffgent insane person to the extent prescribed 388 Insane. for paying patients. The board of trustees shall furnish such blank bonds as are required by this section, to the several judges in this state. A breach of any bond provided for in this act may be prosecuted in the superior court of any county in this state in which any one of the obligors may reside, and the same shall be prosecuted by the district attorney of the county in which the action shall be brought, and shall be conducted through- out, and the judgment enforced, as in a civil ac- tion for the recovery of a debt. Should there re- main in the hands of the board of trustees, or their treasurer, at the time any insane person is discharged, any money unexpended, so paid by the guardian or kindred, the same shall be refund- ed; provided, that the board of trustees shall not be required to refund any money for a fraction of a month; but upon the death of any insane per- son, after paying the ordinary burial expenses, the remainder of any moneys received from the guardians, or on deposit with the board of trus- tees or their treasurer, shall be refunded to the person or persons thereto entitled, on demand. Any moneys found on the person of any insane person at the time of arrest shall be certified to by the judge and sent with such person to the asylum, there to be delivered to the treasurer, to be applied to payment of the expenses of such person while in the asylum; but upon the recov- ery of such insane person, all sums remaining, after deducting such expenses, shall be returned to such person when discharged from the asylum. All moneys belonging to the state, received by the board of trustees, other than that appropriated by the state, shall be kept by said trustees in a separate fund, to be known as a contingent fund, and the same shall, by the said trustees, be ex- pended at such times and in such manner as to the said board appears for the best interest of said asylum, and for the improvement tiiereof, and of the grounds and buildings therewith con- nected. A full, strict, and itemized account of all such receipts and expenditures shall be included in tlie biennial report of said board of trustees. The kindred or friends of an inmate of the asy- lum may receive such inmate therefrom on their giving satisfactory evidence to the judge of the Insane. 389 court issuing the commitment that they, or any of them, are capable and suited to take care of and give proper care to such insane person, and give protection against any of his acts as an in- sane person. If such satisfactory evidence ap- pear to the judge, he may issue an order, directed to the trustees of the asylum, for the removal of such person; but the trustees shall reject all other orders or applications for the release or removal of any insane person, except the order of a court or judge on proceeding in habeas corpus; and if, after such removal, it is brought to the liuowledge of the judge by verified statement that the person thus removed is not cared for properly, or is dan- gerous to persons or property by reason of such want of care, he may order such person returned to the asylum. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby re- pealed. Sec. 3. This act shall take effect immediately. An act to provide for the maintenance, support, and discharge in certain cases of insane per- sons confined in the state asylum for the in- sane, and for the control and management of a resulting contingent fund. [Approved March 19, 1889; 1889, 329.] Inquiry as to ability of insane person to support himself. Section 1. It shall be the duty of the sheriff of any county in this state, or other oflScer, imme- diately upon arresting any person charged with being insane, to notify the district attorney of the county in which said arrest is made of the fact of such arrest, and it shall be the duty of the district attorney of any county in this state, at the time of the commitment of an in- sane person to any state asylum of this state for the insane, by the judge of the superior court of such county, to make dili- gent inquiry into the ability of such insane person to bear the actual charges and expenses of main- toftance and support for the time that such per- son may remain in the asylum, and said district 390 Insane. attorney shall forthwith notify the board of trus- tees, or board of directors, as the case may be, of the asylum to which such insane person shall be committed, of the result of such inquiry. Application for appointment of guardian. Sec. 2. In case such insane person shall be, or shall thereafter become, the owner of property, real, personal, or mixed, it shall be the duty of the district attorney of the county from which such person shall have been committed, in case such insane person has no general guardian, to apply to the judge of the superior court mailing the order of commitment, for the appointment of a general guardian of the person and estate, or either, of such insane person; such application and appointment to be made in the manner as provided by the codes of this state for the appli- cation for appointment and appointment of guardians of infants and incompetent persons. Hearing of application. Sec. 3. At the hearing of such application wit- nesses may be subpoenaed as in civil cases, and examined under oath to determine the character and vabie of the property of such insane person. Upon proof of the existence of property— real, personal, or mixed— belonging to such insane per- son, the judge or court hearing the application shall appoint a general guardian of the person and estate, or eitlier, for such person, who shall be subject to all the provisions of the codes and gen- eral laws of this state in relation to guardians in other cases, as far as the same may be applicable. If at any time there is not sufficient money in the hands of the guardian to pay the cost of the maintenance and support of said insane person, as hereinafter provided, and said insane person has other property, the judge of said superior court, or court, sliall, upon the application of the guardian, or in case he shall neglect to apply, of the president of the board of directors or board of trustees; as the case may be, of the asylum to which such insane person has been committed or removed, order a sale of the property of such in- sane person, or so much thereof as may be nec- essary to pay the charges and expenses of main- taining and supporting such insane person at said Insane. 391 asylum, said order to direct wliat property sliall be sold. Such sale to be made in the manner pro- vided in the codes of this state for the sale of property and estates of deceased persons. Guardian to pay. Sec. 4. From the proceeds of such sale, or from such other funds as tlie guardian may have belonging to such insane person, he shall pay to the board of trustees or board of directors, as the case may be, of the asylum to which such insane person has been committed, or to which he or she may have been removed, the sum per month fixed upon by them quarterly in advance for the maintenance and support of such insane person; and he shall also, out of the proceeds of such sale or such other funds as he may have belonging to such insane person, pay for such clothing as the medical su- perintendent or resident physician of such asy- lum shall from time to time furnish to such in- sane person. Bond of guardian. Sec. 5. The guardian of such insane person shall give a bond, with two good and sufficient sureties, payable to the board of trustees or board of directors, as the case may be, of the asylum to which such insane person has been committed or removed, and approved by the judge of said supe- rior court for the faithful performance of his du- ties as such guardian. Secretary of state to furnish blank bonds. Sec. 6. The secretary of state, under the advice and instruction of the attorney-general, shall have printed and furnish such blank bonds as are re- quired by this act to the several superior courts of this state. Prosecution for breach of bond. Sec. 7. A breach of any bond provided for in this act may be prosecuted by the board of trus- tees or board of directors, as the case may be, of the asylum to which such insane person has been com- mitted or removed, in their own names, in the su- perior court of any county in this state, in which any one of the obligors may reside, and in which TBe action shall be brought, and shall be conduct- 392 Insane. ed throughout, and the judgment therein enforc- ed, as in a civil action for the recovery of a debt. Kindred to support indigent insane. Sec. 8. If indigent insane persons have kindred of degree of husband, wife, children other than minors, father, or mother, living within this state, of sufficient pecuniary ability, who are otherwise liable, such liindred, in the order above named, shall support such indigent insane person by pay- ing to the board of directors or board of trustees, as the case may be, of the asylum to which such insane person has been committed or removed, the sum per month fixed on by them, quarterly in advance, for the maintenance and support of such indigent insane person, and such kindred, in the order above named, shall also pay for the clothing as the resident physician of such asylum shall from time to time furnish to such indigent insane person. Action may be brought for failure of kindred to comply. Sec. 9. For a failure to perform the duty de- volving upon such kindred under the provisions of this act, an action may be brought by the board of trustees or board of directors, as the case may be, of the asylum to which such insane person has been committed or removed, in their own names, against said kindred, in the order above named. Such action may be prosecuted in the superior court of any county in this state in which said kindred, or either of them, may reside, and in which the action shall be brought, which ac- tion shall be conducted throughout, and the judg- ment therein enforced, as in a civil action for the recovery of a debt. Money refunded on discharge of patient. Sec. 10. Should there remain in the hands of the board of trustees or board of directors, as the case may be, of any asylum for the insane, or in the hands of their treasurer, at the time any insane person is discharged, any money unex- pended, so paid by the guardian or kindred, the same shall be refunded; provided, that the board of trustees, or board of directors, as the case may be, of said asylums, shall not be required to re- fund any money for a fraction of a month; but Insane. 393 upon the death of any insane person, after paying the ordinary burial expenses, the remainder of any moneys received from the guardian or kin- dred, or on deposit with the board of directors or board of trustees, as the case may be, of such asylum, or on deposit with their treasurer, shall be refunded to the person or persons thereto en- titled, on demand. Any moneys found on the person of any insane person at the time of arrest shall be certified to by the judge, and sent with such person to the asylum, there to be delivered to the treasurer of the board of directors or board of trustees, as the case may be, of such asylum, to be applied to the payment of the expenses of such person while in the asylum, but upon the re- covery of such person, all sums remaining, after deducting such expenses, shall be returned to such person when discharged from the asylum. Money so received to be ls;ept separate. Sec. 11. All moneys belonging to the state re- ceived by the board of directors or board of trus- tees, as the case may be, of any state asylum for the insane, other than that appropriated by the state, shall be kept by said board in a separate fund, to be known as the contingent fund, and the same shall by the said board be expended at such times and in such manner as to the said board appears for the best interest of such asylum, and for the improvement thereof, and of the grounds and buildings therewith connected. A full, strict, and itemized account of all such receipts and ex- penditures shall be included in the biennial report of said board. When inmate may be delivered to care of others. Sec. 12. The kindred, guardian, or friends of an inmate of any state asylum for the insane may receive such inmate therefrom on their giving sat- isfactory evidence to the judge of the court issu- ing the commitment that they or any of them are capable and suited to take care of and give proper care to such insane person, and give protection against any of his acts as an insane person. If such satisfactory evidence appear to the court or judge, he may issue an order directed to the med- ical superintendent or resident physician, as the "WT^e-may be, of such asylum, for the removal of such person; but the medical superintendent or 394 Insane. resident physician, as the case may be, shall re- ject all other orders or applications for the re- lease or removal of any insane person, except the order of a court or judge on proceedings in ha- beas corpus; and if after such removal, it is brought to the linowledge of the judge by verified statement that the person thus removed is not cared for properly, or is dangerous to persons or property by reason of sucli want of care, the judge may order such person returned to the same asy- lum. Act construed. Sec. 13. This act shall not be so construed as to invalidate any existing claim occurring under the provisions of any prior statute in conflict with the provisions of this act. Sec. 14. All acts in conflict with the provisions of this act are hereby repealed. Sec. 15. This act shall tal^e effect immediately. An Act to establish a State Lunacy Commission, to provide a uniform government and man- agement of the state hospitals for the insane, and to provide for the care, custody, and ap- prehension of persons believed to be insane, and the commitment of insane persons, and providing for the transfer of unexpended ap- propriations of moneys and properties. [Stat, approved March 31, 1897, Stats. 1897; chap, ccxxvii.] The People of the State of California, represented in Senate and Assembly, do enact as follows: ARTICLE I. State Commission in Lunacy. Section 1. This act shall be known as the in sanity law. Sec. 2. When used in this chapter, the term "poor person" means a person who is unable to maintain himself and has no one legally liable and able to maintain him; the term "an indigent person" means one who has not sufficient property to support himself while insane and the members Insane. 395 of his family lawfully dependent upon him for support; the term "institution" means any hos- pital, asylum, building, house, or retreat, author- ized by law to have the care, treatment, or custo- dy, of the insane; the term "commission" means the State Commission in Lunacy; the term "pa- tient"' means an insane person committed to an institution according to the provisions of this chapter. Sec. 3. The State Commission in Lunacy is hereby created, and shall consist of five commis- sioners, as follows: Three of such commissioners shall be the State Board of Examiners, who are hereby constituted ex officio members of such commission. In the absence of the governor from any meeting of such commission, the secretary of the State Board of Examiners shall act in his place and stead, and with the same force and effect, and to such extent shall be an ex officio member of such commission. In the absence of the attorney-general at any meeting of the Com- mission in Lunacy, the assistant attorney-general shall be a member of such commission, and act to the same effect, and have the same power and authority as would the attorney-general were he so present. A fourth member of such Commission in Lunacy, and who shall be the general superin- tendent of the state hospitals of California, shall be a reputable physician, a graduate of an in- corporated medical college, with at least ten years' experience in the actual practice of his profession, and who has had six years' actual experience in the care and treatment of the insane, at least one year of which must have been in the state hospitals of California. The fifth member of the commission shall be the secretary of the State Board of Health, who shall be ex officio a member of such commission. The salary of the general su- perintendent of the state hospitals for the insane shall be four thousand dollars per annum, but shall not be changed during his term of office. He shall also be allowed his actual traveling and in- cidental expenses, the same to be audited by the other members of the commission. The re- maining members of the commission shall serve jl^thout salary. The general superintendent of the state hospitals for the insane shall be appoint- 396 Insane. ed by tbe governor immediately after tlie passage of this act, and slialJ hold no other office, and his term of office shall be four years from the date of his commission, and until his successor is appoint- ed and qualified. Sec. 4. The commission shall be provided by the secretary of state with a suitable furnished office in the state capitol, where it shall hold stated meetings at least once in three months. It may hold other meetings, at such office or elsewhere, as it may deem necessary. It may employ a sec- retary, a stenographer, and such other employees as may be deemed necessary. The salaries and reasonable expenses of the commission and of the necessary clerical assistance shall be paid by the treasurer of the state on the warrant of the con- troller, and out cf any moneys appropriated for the support of the insane; said expenses and sala- ries shall be paid pro rata from the amount appro- priated for the maintenance of each state hos- pital. Sec. 5. The commission shall have an official seal. Every process, order, or other paper issued or executed by the commission, may, by the di- rection of the commission, be attested, under its seal, by its secretary or by any member of the commission, and when so attested shall be deemed to be duly executed by the commission. Sec. 6. The commission is charged with the exe- cution of the laws relating to the care, custody, and treatment of the insane, as provided in this act, not including feeble-minded persons and epi- leptics, as such, and idiots. They shall examine all public institutions authorized by law to re- ceive and care for the insane, and inquire into their methods of government and the manage- ment of all such persons therein. They shall ex- amine into the condition of all buildings, grounds, and other property connected with such institu- tions, and into all matters relating to its man- agement. For such purpose each commissioner shall have free access to the grounds, buildings, and all books and papers relating to any such in- stitution. All persons connected with any such in- stitution shall give such information and afford such facilities for any such examination or inquiry as the commissioners may require. The commis- Insane. 397 sion may, by prder appoint a competent person to examine the books, papers, and accounts, and al- so into the general condition and management of any institution to the extent deemed necessary and specified in the order. Sec. 7. The general superintendent for the state hospitals for the insane shall visit every In- stitution at least twice in each year. Such visits may be made jointly, or by a majority of the commission, on such days and at such hours of the day or night, and for such length of time as the visiting commissioner, or commissioners, may choose. But each commissioner may make such other visits as he, or the commission, may deem necessary. Each visit shall include, to the full- est extent deemed necessary, an inspection of every part of each institution, and all the out- houses, places, buildings, and grounds belonging thereto, or used in connection therewith. The president of the commission, or a majority of the members thereof, shall from time to time make an examination of all records and methods of ad- ministration, the general and special dietary, the stores and methods of supplies, and, as far as the circumstances will permit, of every patient con- fined therein, especially those admitted since the preceding visit, giving such as may require it, suitable opportunity to converse with the commis- sioners, apart from the officers and attendants. They shall, as far as they deem necessary, ex- amine the oflicers, attendants, and other employ- ees, and make such inquiries as will determine their fitness for their respective duties. At the next regular or special meeting of the commission, after any such visit, the visiting commissioner, or commissioners, shall report the result thereof, with such recommendations for the better man- agement or improvement in such institutions as they may deem necessary. But such recommenda- tions shall not be contrary to the medical doc- trines of the particular school of medicine adopt- ed by such institutions. The commissioners shall, from time to time, meet the managers or responsi- ble authorities of such institutions, or as many of the members as practicable, in conference, and consider, in detail, all quCvStions of management a««L improvement of the institutions, and shall Gen. Laws— 34. 398 Insane. also send to them, in writing, if approved by a majority of tlie commissioners, such recommenda- tions in regard to the management and improve- ment of the institutions as they may deem neces- sary or desirable. Sec. 8. The commission shall make such regu- lations in regard to the correspondence of the in- sane in custody as in its judgment will promote their interests, and it shall be the duty of the proper authorities of each institution to comply with and enforce such rules and regulations. All such insane shall be allowed to correspond, with- out restriction, Avith the superior judge and dis- trict attorney of the county from which they were committed. The by-laws, rules and regulations, books of record, and for steward's department, blank forms, both clinical and otherwise, ques- tions for examination of employees, and questions for competitive examinaiion in all the different branches of medicine and surgery, and specially in diseases affecting the mind and nervous sys- tem, of all assistant physicians and internes, oth- erwise than the first and second assistants, for the special use of the hospitals, shall be uniform for all hospitals, and shall be approved by the commission. Sec. 9. Any physician who receives a certificate as a medical examiner in lunacy shall file such original certificate in the oftice of the clerk of the county where he resides, and forward a certified copy thereof to the office of the commission with- in ten days after such certificate is granted. The commission sliall keep in tliis oflice a record show- ing tlie name, residence, and certificate of- each duly qualified medical examiner, and shall imme- jdiately file in its office, wlien received, each duly certified copy of a medical examiner's certificate, and advise the examiner of its receipt and filing. No examiner shall be qualified until he has re- ceived from tlie commission an acknowledgment of the receipt and filing of his certificate. Sec. 10. The commission shall keep in its of- fice a record showing: 1. The name, residence, sex, age, nativity, oc- cupation, civil condition, and date of commitment of every patient in custody in the several institu- tions for the care and treatment of insane persons Insane. 399 in the state, and tlie name and residence of the person malting the petition for commitment, and of the persons signing such medical certificate, and of the judge malving the order of commitment; 2. The name of the institution where each pa- tient is confined, the date of admission, and whether brought from home or another institu- tion, and, if from another institution, the name of such institution, by whom brought, and the pa- tient's condition; 3. The date gf the discharge of each patient from such institution since the first of July, eight- een hundred and ninety-six, and whether recov- ered, improved, or unimproved, and to whose care committed; 4. If transferred, for what cause, and to what institution; and if dead, the date and cause of death. Sec. 11. The authorities of the several institu- tions for the insane shall furnish to the commis- sion the facts mentioned in the last preceding chap- ter, and such other obtainable facts relating there- to as the commission may. from time to time, in the just and reasonable discharge of its duties, re- quire of them, with the opinion of the superin- tendent thereon, if requested. The superintend- ent, or person in charge of state hospitals, must, within ten days after the admission of an insane person thereto, cause a true copy of the medical certificate and order on which such person shall have been received, to be made and forwarded to the office of the commission: and when a patient shall be discharged, transferred, or shall die therein, such superintendent, or person in charge, shall, within three days thereafter, send the in- formation to the office of the commission, in ac- cordance with the forms prescribed by it. Sec. 12. The commission shall report and rec- ommend to the Legislature the necessary pro- spective needs for the care, custody, and treat- ment of the poor and indigent insane"^ To prevent overcrowding in the state hospitals, it shall rec- ommend to the Legislature the establishment of cottages at such of the now existing state hos- pitals as in their judgment will best meet the re- quirements of such insane. It shall also furnish to the Legislature an estimate of the probable 400 Insane. number of patients who will become Inmates of the respective state hospitals during- the two years beginning; July first next ensuing, and the cost of all additional buildings and equipments, if any, which Avill be required to carry out the provisions of this chapter relating to the care, custody, and treatment of the poor and indigent insane of the state. No money shall be expended by the managers of a state hospital for the erec- tion of additional buildings, or for unusual repairs or improvements of state hospitals, except upon plans and specifications approved by the commis- sion. 'J'he cost of such buililings as are to be oc- cupied by patients, erected on tlie grounds of ex- isting state hospitals including the necessary o(iuipment for heating, lighting, ventilating, fix- tures, and furniture, shall in no case exceed the proportion of five hundred and fifty dollars per capita for the patients to be accommodated there- in. Sec. 13. The commission shall, biennally, report to the legislature its acts and proceedings for the two years ending June tliirtieth last preceding, with such facts in regard to the management of the institutions for the insane as it may deem necessary for the information of the legislature, including estimates of the amounts required for the use of the state hospitals, and the reasons therefor; and also the annual reports made to the commission by the board of managers of each state hospital. ARTICLE II. Institutions for the Care, Custody, and Treatment of the Insane. Section 1. There are hereby established the fol- lowing hospitals for the care and treatment of the insane of the state of California, which are hereby declared to be corporations: First— Tlie Stoclvton State Hospital at the city of Stockton, in the county of San Joaquin, hith- erto Ivuown as the Stoclvton State Insane Asylum at Stockton, and all property now belonging to said Stockton State Insane Asylum, and all moneys to its credit with the state controller and Insane. 401 state treasurer are hereby transferred to the Stockton State Hospital at Stockton, and the state controller and the state treasurer are here- by authorized to make such transfer. Second— Napa State Hospital, near the city of Napa, county of Napa, hitherto known as the Napa State Asylum for the Insane at Napa, and all properties now belongin.2: to said Napa State Insane Asylum for the insane, and all moneys to its credit with the state controller and state treas- urer are hereby transferred to the Napa State Hospital at Napa, and the state controller and the state treasurer are hereby authorized to make such transfer. Third— Ag:news State Hospital, near the city of San Jose, Santa Clara county, hitherto known as the State Insane Asylum at Agnews, and all prop- erty now belonging to said State Insane Asylum at Agnews, and all moneys to its credit with the state controller and the state treasurer are here- by transferred to the Agnews State Hospital at Agnews. and the state controller and the state treasurer are hereby authorized to make such transfer. Fourth— Mendocino State Hospital, near the city of Ukiah, county of Mendocino, hitherto known as the Mendocino State Insane Asylum at Ukiah, and all moneys to its credit with the state controller and the state treasurer are hereby transferred to the Mendocino State Hospital at Ukiah, and the state controller and the state treasurer are hereby authorized to make such transfer. Fifth— Southern California State Hospital, near the city of San Bernardino, San Bernardino county, hitherto known as the Southern Califor- nia State Insane Asylum for the insane and in- ebriates, San Bernardino, and all property now belonging to said Southern California State In- sane Asylum for the Insane and Inebriates, San Bernardino, and all moneys to its credit with the state controller and state treasurer are hereby transfeiTed to the Southern California State Hos- pital, San Bernardino county, and the state con- troller and the state treasurer are hereby author- ized to make such transfer. Sec. 2. Each state hospital shall be under the 402 Insane. control and management of a board of manag- ers or trustees, subject to the statutory powers of the commission, and to the provisions of this act. Such trustees or managers shall hereafter be termed managers. Each hospital shall have a board of five managers, the different members of which shall be appointed by the governor on or before the hrst day of January following the ex- piration of the terms of office of the trustees now in office, and after this act takes effect; each manager to serve for a period of four years, and until his successor is appointed and qualified, so that after the expiration of the term of the pres- ent managers, the terms shall expire not to ex- ceed two each year. If a vacancy occur other- wise than by expiration of term, the appointment of a manager to till such vacancy shall be for the unexpired term of the manager whose office is vacant. Sec. 3. The managers, and their successors ap- pointed after the appointment and classification made pursuant to the preceding section, shall sev- erally be appointed by the governor, as often as a vacancy shall occur, or otherwise; and they may severally continue in office until their successors are appointed and qualified, and they shall be subject to removal by the governor, upon cause shown and an oi)portunity to be heard. No per- son shall be eligible to the office of manager who is either an elective state officer or a member of the legislature, and if any such manager shall be- come a member of the legislature or an elective state officer, his office as manager shall be vacant. If any manager fails for three months to attend the regular meetings of the board of which he is a member, unless he be ill or absent from the state, his office shall be vacant, and the board, by resolution, shall so declare, and a certified copy of every such resolution shall forthwith be trans- mitted to the governor. Sec. 4. Subject to the statutory powers of the commission, each board of managers shall have the general direction and control of all the prop- erty and concerns of the institution over which they are respectively appointed, not otherwise provided by law. They may acquire and hold, in the name of and for the people of the state of Insane. 403 California, by grant, gift, or bequest, property to be applied to the maintenance of insane persons and for the general use of the hospital. All lands necessary for tlie use of state hospitals shall be ac- quired by condemnation as lands for public use are acquired, except those by gift, devise, or purchase, the terms of which piu'chase shall be approved by the commission. No public street, or road for railroad or other purposes, except for hospital use, shall be open through the lands of the state hospital, unless tlie legislature, by special enact- ment, consents thereto. The managers shall re- ceive ten dollars per day for attendance at meet- ings, and while in the actual service of the state, and their necessary traveling and other expenses, to be paid as other current expenditures of the hospital. They shall: 1. Take care of the interests of the hospital, and see that its design and its by-laws, rules, and regulations, are carried into effect, according to law ; 2. Establish such by-laws, rules, and regula- tions, subject to the approval of the commission, as they may deem necessary and expedient for regulating the appointment and duties of officers and employees of the hospital, and for the inter- nal government, discipline, and management of the same; 3. Maintain an effective inspection of the hos- pital, for which purpose a majority of the board shall visit the hospital at least every month, and the whole board once a year, and at such other times as may be prescribed in the by-laws; 4. Keep, in a boolv provided for the purpose, a fair and full record of their doings, which shall at all times becpen to the inspection of the com- missioners in lunacy, or either house of the legis- lature, to examine the same; 5. Cause to be typewritten, within ten days af- ter each meeting of such managers, or a commit- tee thereof, the minutes and proceedings of such meeting, and cause a copy thereof to be sent forthwith to each member of such board and to the commission: 6. Enter, in a book kept by them for that pur- pose, the date of each of their visits, and the con- dition of the hospital and patients, and all such majWRgers present shall sign the same; 404 Insane. 7. Make to the commission, on or before the fifteenth day of August, of each year, a detailed report of their visits and inspection, with suitable suggestions and such other matters as may be re- quired of them by the commission, for the year ending on the thirtieth day of June preceding such date of such report. Sec. 5. Each board of managers shall continue to appoint, for its hospital, as often as vacancies occur therein: 1. A medical superintendent, who shall be a well-educated physician, a graduate of an incor- porated medical college, of good moral character, and who has had not less than three years' expe- rience in the care and treatment of the insane. The medical superintendent, and all the assistant physicians, of the homeopathic hospital for its in- sane, shall be homeopathic physicians. Its super- intendent shall be a well-educated physician, a graduate of an incorporated medical college, of good moral character, and who has had not less than three years' experience in the care and treat- ment of the insane in hospitals for the treatment of the insane; 2. A treasurer, who shall be ex officio secre- tary of the board of managers, who shall keep all the books, records, and papers pertaining to the business of his office, in an office situated where the board of managers may direct, who shall give an undertaking to the people of the state for the faithful performance of his trust, with sureties to be approved by a judge of the superior court, or a justice of the supreme court, of the judicial dis- trict in which such hospital is located, and in such amount as tlie board shall name. Any medical superintendent, or» any treasurer, may be removed by a four-fifths vote of the board of managers, for cause, stated in writing, and af- ter an opportunity having been given him to be heard, and which removal shall be final. Sec. 6. The medical superintendent of each hos- pital shall be its chief executive officer, and in his absence or sickness, the first assistant physician or other officer designated by the medical super- intendent shall perform the duties and be subject to the responsibilities of the superintendent. Sub- ject to the by-laws, rules, and regulations estab- Insane. 405 lishocl by the board of managers, the merlical su- perintendent shall have the general superintend- ence of the buildings, grounds, and farm, together with their furniture, fixtures, and stock, and the direction and control of all persons therein, and shall: (a) Personally maintain an effective supervision and inspection of all parts of the hospital, and generally direct the care and treatment of the pa- tients. To this end the superintendent shall per- sonally examine the condition of each patient within five days after his admission to the hos- pital, and shall visit all the wards or apartments for patients at such times as the rules and regu- lations of the hospital^ shall prescribe; (b) Appoint, by and with the consent of the board of managers, assistant physicians, one of whom shall be a woman; provided, there are three other assistant physicians; and internes, the number to be determined by the commission, as follows: 1. A first assistant physician, who shall be well educated in his profession, a graduate of an in- corporated medical college, of good moral charac- acter, and who has had not less than two years' experience in the care and treatment of the in- sane; 2. A second assistant physician, who shall be well educated in his profession, a graduate of an incorporated medical college, of good moral char- acter, and who has had not less than one year's experience in the care and treatment of the in- sane. 3. Assistants, other than the first and second, and internes, who shall be w^ell educated in their profession, graduates of an incorporated medical college, of good moral character, and subject to competitive examination in all the different branches of medicine and surgery, and specially in diseases affecting the mind and nervous sys- tem; the questions for such examination to be prepared by the general superintendent, subject to the approval of the commission; 4. At the homeopathic state hospital, a first and second assistant physician, each a graduate of an incorporated medical college of the homeo- pattfic -school of medicine. They shall be practi- 406 Insane. tioners of good moral cliaraeter; the first assist- ant shall have had not less than two years' expe- rience, and the second assistant not less than one year's experience, in the care and treatment of the insane in hospitals for the treatment thereof; 5. A supervisor, matron, and steward, and all employees, wiio shall be subject to such an exam- ination as he deems for the best interests of the hospital, the questions to be prepared by the su- perintendent, subject to the approval of the com- mission; 6. The medical superintendent may remove any resident officer or employee for cause, pending^ the meeting of tlie board of managers. The re- moval of employees, other than resident officers, shall be reported to the board of managers for their action, which shall be final, and in the case of resident officers notice in writing must be im- mediately given to the resident officer removed, and to each member of the board of managers. At the next meeting of the board of managers, or at the meeting to which it has been regularly postponed, such removal shall be considered and the person removed be heard, after which the managers shall determine what shall be done in the matter, which judgment shall be final. If the officer or employee be removed, the superintend- ent shall malce a record thereof, with the reasons tlierefor, under the appropriate head in one of the books of the hospital. Any officer or employee of a state hospital taking an active part in poli- tics, either directly or indirectly, shall be sum- marily removed from sucli liospital. The board of managers may remove any officer or employee from such hospital, and any officer or employee thus removed shall not be reinstated, except by a majority vote of the board of managers and the medical superintendent; 7. The superintendent, assistant physicians, steward, supervisor, and matron, shall reside in the hospital or on the premises, and shall be des- ignated the resident officers of the hospital; (c) Transmit, by mail, to the State Lunacy Com- mission, within five days after such discharge has been approved by the board of managers, infor- mation of any such discharge, and the cause thereof. The commission shall preserve the name of any such officer, or employee, with the facts Insane. 407 relating to his discharge, in a book provided for That purpose; (d) Give such orders and instructions as he may deem best calculated to insure good conduct, fi- delity, and economy in every department of labor and expense; (e) Maintain salutary discipline among all who are employed in the institution, and enforce strict compliance with his instructions and uniform obe- dience to all rules and regulations of the hospital; (f; Cause full and fair accounts and records of the entire business and operations of the hospital, to be liept regularly, from day to day, in books or forms provided for that purpose; (g) See that all such accounts and records are fully up to the last day of June in each year, and that the principal facts and results with his re- port thereon, be presented to the managers with- in thirty days thereafter, who shall incorporate it in their report to the commission; (h) Keep a book, in which he shall cause to be entered at the time of reception of any patient, his name, residence, and occupation, and the date of such reception, by whom brought, and by what authority, and on whose petition committed, and an abstract of all orders, warrants, requests, peti- tions, certificates, and other papers accompany- ing such person; (i) The medical superintendent shall be requir- ed to prepare and keep the payrolls of the hospi- tals, and to collect all moneys; keep the accounts for the support of the patients, and expenses in- curred in their behalf; furnish the treasurer state- ments thereof as they fall due; turn all moneys collected over to tlie treasurer, and report same to the board of managers at each meeting; notify the treasurer of the death or discharge of reini- bursing or pay-patients, within five days after such death or discharge; (j) Prepare triplicate estimates of the amount, kind, and quality of furniture and household fur- nishing goods, provisions, fuel, forage, clothing, or material for clothing, and other material required for the twelve months ending June thirtieth of each year, which shall be approved by the board of managers, unless a different time be allowed by^tfee- commission. He shall submit two of the 408 Insane. triplicate estimates to the commission, and file the third in his office. The commission may revise the estimate for supplies, either as to quality or quantity thereof, and shall certify that it has- carefully examined the same, and that the arti- cles contained in such estimate, as approved by it, are actually required for the use of the hos- pital; whereupon, after haying approved the esti- mates, the commission shall, upon the fifteenth day of May preceding the month ending June thirtieth, advertise, for four successive weeks, for contracts for furnishing such supplies; sa d adver- tisement being in brief, referring to the class of supplies and the fact that all contemplated bid- ders can receive schedules by applying to the su- perintendents or secretaries of the various hos- pitals, or the state commission. All contracts sliall be awarded to the lowest responsible bidder, or bidders, upon their giving to the board of man- agers a bond, amounting to one-fourth of their actual bids, as security for the faithful perform- ance of the same. The board of managers reserve the right to reject any and all bids submitted to them; (k) Prepare triplicate estimates, as approved by the board of managers, two of which must be submitted to the commission, and the other filed in the superintendent's office, for necessary ex- penditures other than those for provisions, fuel, forage, clothing, or material for clothing, furni- ture, and household furnishing goods. The com- mission may revise these estimates for supplies, either as to the quality or quantity thereof, and shall certify that they have been carefully exam- ined, and that the articles contained in such esti- mates, as approved by it, are actually required for the use of the hospital; whereupon' the board of managers shall direct the superintendent to se- cure the supplies according to the approved esti- mates. Sec. 7. The medical superintendents of the sev- eral state hospitals, or their representatives, and, in the discretion of each board of managers, one member of each board, to be desicnated by it, shall meet at least every three months, on a day to be appointed by the commission, at ine ottice of the commission, or at such other place as may be designated by it, to consult with such com- Insane. 409 mission witli reference to matters relating to the care and maintenance of the state hospitals. Sec. 8. The commission shall fix the annual sal- aries of the resident officers and treasurer of the state hospitals, which shall be uniform in all the state hospitals. They shall classify the other offi- cers and employees in grades, and determine the salaries and wages to be paid in each grade, which shall be uniform in all the state hospitals. The salaries and wages shall be included in the monthly estimates, and paid in the same manner as other expenses of the state hospitals. The med- ical superintendents and the assistant physicians, eacJi of them and their families, shall be furnish- ed room, household furniture, laundry service, drugs when ill, provisions, fuel, and lighti^, at and from the supplies of the hospital. Sec. 9. The medical superintendent of each hos- pital shall, on or before the fifteenth day of each quarter, cause to be prepared triplicate estimates in minute detail, as approved by the board of managers, of the expenses required for the hos- pital of which he is superintendent, for the ensu- ing quarter. He shall submit two such triplicate estimates to the commission and file the third in his office. The commission may revise estimates for supplies or other expenditures, either as to the qualitj' or quantity thereof, and shall certify that it has carefully examined the same, and that the articles contained in sucli estimates, as approved and revised by it, are required for the use of the liospita]; whereupon, the board of managers, af- ter having received the approved estimates, shall malie drafts upon the state controller, as the mon- ey may be required for the purposes mentioned in such approved estimates, which drafts shall be paid upon the warrant of the controller out of the funds in the treasury of the state held for the care of the insane and the maintenance of the state hospitals. Sec. 10. All moneys received by the board of managers of any state hospital, other than that appropriated by the state, shall be liept by said board, in a separate fund, named the contingent fund, and the same shall, by the said board, be expended for such supplies, expenses, buildings, aaij^ improvements, as are required for the best "Gen. Laws— 35. 410 Insane. interests of such hospital, and for the improve- ment thereof, and of the grounds and buildings connected therewith. The medical superintend- ent shall make triplicate estimates, in minute de- tail, as approved by the board of managers, of such supplies, expenses, buildings, and improve- ments, two of which must be submitted to the commission, and the third placed on file in his of- fice. The commission may revise the estimates of such supplies, and shall certify that it has care- fully examined the same, and that the supplies, expenses, buildings, and improvements contained in such estimates, as approved by it, are required for the best interests of such hospital; whereup- on, the board of managers, after having received tlie revised and approved estimates, shall pro- ceed to purchase such supplies, make such expen- ditures, or construct such improvements or build- ings without further authority, and if approved shall make a draft or drafts upon the treasurer of such hospital, as the money may be required for the purposes mentioned in such estimates, which draft or drafts shall be paid by the treas- urer out of any money contained in the contin- gent fund to be used for the above-mentioned pur- poses. The building act of eighteen hundred and seventy-six shall not apply to any improvement, structure, or building made under the provisions of this act. Sec. 11. The treasurer of each hospital shall: 1. Have the custody of all moneys received from the state or eleswhere, for the benefit of the hospital, or any of its inmates, and keep an accu- rate account thereof. 2. Have the custody of all bonds, notes, mort- gages, and other securities and obligations belong- ing to the hospital. 3. Receive all money for the care and treat- ment of patients, and other sources of revenue to the hospital. 4. Deposit all such money in a bank designated by the managers, conveniently near the hospital, in his name, as treasurer, and send each month, to the commission and to the board of managers, a statement showing the amount so received and deposited, and from whom and for what received, and when such deposits w^ere made. Such state- ment of deposit shall be certified by the proper of- Insane. 411 ficer of the bank receiving such deposit. The treas- . urer shall make an affidavit to the effect that the sum so deposited is all the money received by him, from any source of hospital income, up to the time of the last deposit appearing on such state- ment. The bank designated by the board of man- agers to receive such deposits shall, before any deposit is made, execute a bond to the people of the state, in a sum approved by the board of man- agers, for the safe keeping of the funds deposited. 5. Pay out the money deposited for the uses of the state hospital, upon the voucher of the stew- ard, approved by the superintendent, in. accord- ance with the estimates made Hby the superintend- ent, and revised and approved by the board of managers and by the commission. 6. Keep full and accurate accounts of all re- ceipts and payments in the manner directed in the by-laws, and according to books and forms approved, prescribed, and furnished by the com- mission. 7. Balance all accounts on his books annually, on the last day of June, and make a statement thereof, and an abstract of the receipts and pay- ments of the past year, and deliver the same, within ten days, to the finance committee of the managers, who shall compare the same with the books and vouchers, and verify the results by fur- ther comparison with the books of the steward, and certify in regard to the correctness ihereof, to the managers at their next meeting. 8. Render an account to the state of the books and the funds, and other property in his custody, whenever required by the managers, or by the commission. 9. Upon the order of the board of managers, execute a release and satisfaction of a mortgage, judgment, or other lien or debt, in favor of the hospital, when the same has been paid. Sec. 32. The treasurer of each state hospital shall, on or before the fifteenth day of each quar- ter, make to the board of managers, and to the commission, a full and perfect statement of all the receipts and expenditures, specifying the sev- eral items, for the last preceding quarter. Such statement shall be verified by the affidavit of the treasurer attached thereto, in the following form: 412 Insane. I, , treasurer of the state hospital, do solemnly declare that I have deposited in the bank designated by law for such purpose, all the moneys received by me on account of the hospi- tal during- the last quarter, and I do further swear that the foregoing is a true abstract of all the moneys received, and payments made by me, or under my direction, as such treasurer, during the quarter ending on the day of , 18 — . There shall also be attached the affidavit of the steward to the effect that the goods and other articles therein specified were ordered or pur- chased,, and received by him, or under his direc- tion, at the hospital, and that neither he nor any person in his behalf, had any pecuniary or other interest in the articles purchased; that he received no pecuniary or other benefit therefrom in the way of commission, percentage, deductions, or presents, or in any manner whatever, directly or indirectly; that the articles and bills conform in all respects to the invoiced goods received and or- dered by him, both in quality and quantity. Such statement shall be accompanied by the vouchers showing the payment of the several icems contained in the statement, and approval thereof by the superintendent, tjie amount of such payments, and for what the payments were made. Such approval may be contained on an audit sheet, which shall refer to each voucher approved by the superintendent, giving the number of voucher, the name of the claimant, and the amount at which it was approved. Such vouchers shall be examined by the board of managers, and by the commission, and compared with the esti- mates made for the quarter for which the state- ment is rendered, and, if found correct, shall be indorsed and forwarded by the commission, with the statement, to the state board of examiners. If any voucher is found objectionable, the board of examiners shall indorse their disapproval there- in, with the reasons therefor, and return it to the treasurer, who shall present it to the superintend- ent for correction, and when corrected, return it to the board of examiners. All such vouchers shall be filed in the oflice of the state board of examiners. Sec. 13. The treasurer of any state hospital may, with the consent of the attorney-general, Insane. 413. bring an action, in tli euame of the hospital, to recover, I'or the use thereof: 1. The amount due upon any note or bond in his hands, belonging to tlie hospital; 2. The amount charged and due, according to tlie by-laws of the hospital, for the support of any patient therein, or for the actual disbursements made in his behalf for necessary clothing and traveling expenses; 3. Upon any cause of action accruing to the hospital. Sec. 14. General powers and duties of the stew- ard: The steward, under the direction of the superintendent shall be ^ accountable for the careful keeping and economical use «.t all furniture, and, under the direction ol the superintendent, shall make all purchns.:S for the hospital according to the prov.si-H'S of sections nine and ten and of paragraphia nine and ten of section six, receive the sauM-, and preserve the original bills and receipts therefor, and keep full and accurate accounts of all such proceedings. Sec. 15. All purchases of supplies for ■'he use of the hospital shall be made for cash, or on cred- it or time not exceeding sixty days, except by the consent of the state board of examiners; every voucher shall be duly filled up, and with every abstract of vouchers paid, there shall be proof, on oath, that the voucher was properly filled, on oath, the money paid. No expenditure for supplies, or other purposes, shall be made by the board of managers of any state hospital for the benefit of such hospital, by contract or otherwise, r.u'oss in conformity with the provisions of this act in re- lation to estimates. No manager or officer of the hospital shall be interested, directly or indirectly, in the furnishing of material, labor, or supplies for the use of the hospital, nor shall any manager or otficer act as an attorney or counsel for such hospital. The state hospitals may manufacture such supplies and materials, to be used in any of such hospitals or other public institutions as can be economically made therein. Sec. 16. Each superintendent, treasurer, and stgward . before entering upon his duties as such. Shall take the constitutional oath of office, and file the same in the office of the secretary of state. 414 Insane. Sec. 17. No civil action sliall be brought, in any court, against tlie commission or a commissioner in lunacy, or an officer or manager of a state hos- pital, because of any act done or failure to per- form any act, while discharging their official du- ties, without leave of the controller first had and obtained. Any just claim for damages ;i gainst such commission or commissioner, officer or em- ployee, for which the state would be legally or equitably liable, may be paid out of any moneys appropriated for the care of the insane. Sec. 18. The authorities for each institution of the insane shall place on file in the office of the institution, the recommendations made by the commissioners as a result of their visit, for the purpose of consultation by such authorities, and for reference by the commissioners upon their vis- it to such institution. ARTICLE III. Section 1. Within sixty days after the passage of this act, the board of supervisors of each coun- ty of the state shall provide for and furnish, at or in the city, city and county, or receiving hospitals, situated in each county of the state a suitable room or rooms for the detention, board, care, and treatment of the alleged insane. These rooms, and their furnishings, shall be subject to the approval of the state lunacy commission. This period of detention, board, care, and treatment shall not be less than one, nor more than twenty, days. Upon the completion and furnishing of such room or rooms within the time stated in section one of this article, it shall be the duty of the board of super- visors of each county to report the same to the commission; and it shall be the duty of any per- son having charge of, or control over, such city or county, county, or receiving hospital, to allow the commission at all times to mal^e such examina- tions or investigations of such room or rooms, and their furnishings, as they in their judgment deem necessary. This section shall not be construed to mean that insane persons may not be detained, cared for, boarded, and treated in their own liomes, homes of friends and relatives, or any licenstd pri- Insane. 415 vate hospital, by and with the consent of the state lunacy commission. Sec. 2. Certiflcates of lunacy must show that it is the opinion of the medical examiners that the alleged insane person is actually insane, and must be made by two reputable physicians, graduates of an incorporated medical college, who have been in the actual practice of their profession at lease hve years, and have filed with the commis- sion a certified copy of the certificate of a su- perior judge, showing such qualifications in ac- cordance with forms prescribed by the commis- sion. Such physicians shall, singly or jointly, make such examinations of the person alleged to be insane as to enable them to form an opinion as to his sanity or insanity. If, after such examina- tions, .they conclude the person is insane, they shall jointly so certify, the date of such certificate being not later than the fifth day of the alleged in- sane person's detention. Such certificate of lu- nacy shall be in the form prescribed by the com- mission, and shall contain the facts and circum- stances upon which the opinion of the physicians is based, and show that the condition of the per- son examined is such as to require care and treat- ment in an hospital for the care, custody, and treatment of the insane. Sec. 3. If the application for a commitment has been made by a peace officer, or by the chief offi- cer of any city, city and county, county, or receiv- ing hospital, or by any other person other than a relative or friend of the alleged insane person, no- tice of such application shall be served upon hus- band or wife, father or mother, or next of kin of such alleged insane person, if there be a^iy such known to be residing in the county, and if not, upon any person with whom the alleged insane person may reside, or at whose house he may be. Such petition or application shall be accompanied by the certificate of lunacy of the medical exam- iners, as prescribed in the preceding section. The judge to whom such application is made, may, if no demand is made for a hearing in behalf of the alleged insane person, proceed forthwith to deter- mine the question of insanity, and if satisfied that th4i»e, and the expenses, not to exceed four hundred dollars per annum, must be audited and allowed by the board of examiners, and paid out of the state treasury. The resident physician of the Napa state asylum for the insane, or one of his assist- ants, may also attend such annual meetings, and the expenses, not to exceed four hundred dollars per anuum, shall also be audited by the board of examiners, and paid out of the state treasury; pro- vided, that the medical superintendent, or one of his assistants, of the Stockton asylum, may attend said meeting in the year eighteen hundred iand seventy-eight, and the resident physician, or one of his assistants, of the Napa asylum, may attend said meeting in the year eighteen hundred and seventy-nine, and thereafter the said physicians shall attend said meeting alternately. Repeal. Sec. 2. An act entitled an act in relation to the superiiitendent of the state insane asylum, ap- proved April first, eighteen hundred and seventy- two, is hereby repealed. Sec. 3. This act shall take effect immediately. STOCKTON. Consult the following acts: '^ An act to provide for the erection of new build- ings, and for the permanent improvement of the buildings upon the grounds of the ?tRte asy- lum for the insane at Stockton, and to appro- priate money therefor. [Approved March 15, 1889; 1889, 199.] Ktfty thousand dollars was appropriated for the purpose indicated. / 428 Insane. An act making an appropriation for supplying water, light, and fuel for tlie state insane asy- ^ lum at Stockton, and to repeal an act entitled "An act making an appropriation for supply- ing water, light, and fuel for the state insane asylum at Stockton," approved March 11, 1889. [Approved March 16, 1889; 1889, 225.] This act appropriated forty thousand dollars, and repealed a similar appropriation bill approved March 11, 1889. An act empowering directors of Stockton asy- lum to provide for the construction and mainte- nance of an open canal from and along North street in the city of Stockton to the San Joaquin river for sanitary and drainage purposes was ap- proved March 12, 1887; Stats. 1887, p. 109. An act to provide for furnishing the boiler-house and for repairing the buildings upon the grounds of the state asylum for the insane at Stockton, and to appropriate money therefor. [Approved March 14, 1889; 1889, 142.] Twenty-nine thousand thousand seven hundred and fifty dollars was appropriated for the pur- pose indicated. An act to provide for certain improvements in the state insane asylum at Stockton, California, and making an appropriation therefor. [Approved March 23, 1893; Stats. 1893, p. 188.] Ten thousand dollars was appropriated for the purpose indicated. An act to provide for the purchase of apparatus and appliances foj.* the protection of the build- ings and property of the state insane asylum at Stockton, California, and malving an appro- priation therefor. [Approved March 23, 1893; Stats. 1893, p. 189.] The act provided five thousand dollars for this purpose. r Insane. 429 An act to provide for the erection of a building for the insane at the state asylum at Stockton, and for the improvement of the drainage and Avater supply thereof. [Approved March 13, 1883; 1883, 288. This act appropriated one hundred an»^ sixty- three thousand dollars for the purposes mentioned in the title. NAPA. Consult the following acts: An act for the appropriation of money for the ^J^ erection of buildings, and improvements, and" / the purchase of land for the Napa state asy- lum for the insane. [Approved March 13, 1883; 1883, 284.] The act appropriated thirteen thousand five hun- dred dollars for the purpose indicated in the title. An act to appropriate four hundred and ninety- / four thousand dollars to pay the valid and^-^ equitable claims against the state, incurred in building the Napa state asylum for the insane, and to complete said structure, supply water therefor, and improve the grounds on which it is situate. [Approved April 1, 1876; 1875-6, 804.] This act, besides appropriating money as indi- cated in the title, required the trustees to investi- gate all claims for indebtedness incurred by the board of directors appointed under the act of March 27, 1872. A further sum of forty-eight thousand dollars was appropriated for paying outstanding liabili- ~— ties and covering deficiencies by act of April 3, / 1876; 1875-6, 851. f- \ An act to provide a supply of water for the Napa state asylum for the insane. [Approved April 3, 1876; 1875-6, 883.] I^S act provided for the condemnation for the * ^^ purpose of supplying water to the asylum of any ^ ^ 430 Insane. springs and natural sources of water supply with- in a mile and a half of the asylum grounds. An act to provide for the erection of a buildmg for the insane at the state insane asylum at Stockton. [Approved April 15, 1880; 1880, 61 (Ban. ed. 234.)} This act appropriated eighty-five thousand dol- lars for the purpose indicated in the title. An act to provide for the purchase of additional grounds for the state insane asylum at Napa. [Approved March 14, 1881; 1881, 88.] This act appropriated twelve thousand dollars to purchase a tract of land from W. H. Coombs, for the purpose mentioned. A similar act was also approved March 27, 1895, Stats. 1895, p. 240. An act to provide for the construction and fur- nishing of two infirmaries at the Napa state asylum for the insane, and malting an appro- priation therefor. / [Approved March 16, 1889; 1889, 209. This act appropriated twenty-eight thousand dollars for the purpose indicated. An act to provide further accommodation for the insane of the state of California, and to pro- vide a special fund therefor. [Approved March 27, 1872; 1871-2, 673.] This act provides for the establishment of a new asylum for the insane; for the appointment of com- missioners to select a site, and for the construc- tion and management of the institution. The site selected was Napa, and the asylum has been built there. Its management, as provided by this act, has, however, been superseded by the provisions Vy of the act of March 0, 1876, given below. By sec- ^^ tion 22 of that act, as will be seen by reference to it, this act was continued in force only for a spe- cial purpose. Under the circumstances, this act is omitted, except its title and reference as above. Insane. 431 Ad act to prohibit the sale of intoxicating liquors within a certain distance of thrp Napa sta^te asylum for the insane. i/ .^ . <:^-' ,.,-^^ [Approved January 15, 1874; i873-4, 27.] /^ An act 'to provide for the completion of the Napa state asylum for the insane, and for other purposes. [Approved March 24, 1874; 1873-4, 565. ] This act appropriated six hundred thousand dol- ^^ lars for the completion of the Napa insane asylum, Jf legalized contracts then made, and required the J asylum to be completed" for the sum so appro- priated. An act to provide for the future management of the Napa state asylum for the insane. / ^^^ [Approved March 6, 1876; 1875-6, 133.] •^'^' '^ This act was amended March 17, 1887, Stats. 1887, p. 177, and March 19, 1889, Stats. 1889, p. 351; March 13, 1883, Stats. 1883, p. 281. An act to authorize and empower the board of trustees of the Napa State Asylum for the Insane to sell and convey a portion of real -y property situate in Napa couuty, in the State — Z' of California, and belonging to said state, to ' Napa county, for the purpose of a public high- way, and to sell and convey a certain other portion of said tract to an individual or indi- viduals. [Approved March 20, 1889; 1889, 422.] The purpose of this act is indicated by the title. An act to provide for certain improvements and repairs at the Napa State Asylum for the In- /, sane, and making an appropriation therefor. 'f [Approved March 16, 1889; 1889, 205.] This act appropriated. four thousand dollars for the^mproving and laying new planking and floor- ing in corridors and hallways. {))i 432 Insane. SOUTHERN CALIFORNIA. Consult the following acts: .^ Ad act to provide for the erection and manage- i'-^y ment of a State hospital for the Insane, to be located in southern California. [Approved March 11, 1889; 1889, 120.] See also amendatory acts of March 31, 1891, Stats. 1891, p. 481, and March 27, 1895, Stats. 1895, p. 207. An act making an appropriation for additional improvements for the southern California State hospital for the insane. [Approved April 6, 1S91; Stats. 1891, p. 495.] Fifty-five thousand dollars was appropriated for the purpose indicated. An act making an appropriation to pay the defi- ciency in the appropriation for additional im- provements for the southern California state asylum for the insane and inebriates. [Approved March 3, 1893; Stats. 1893, p. G9.] Fifteen thousand seven hundred and fifty dollars was appropriated for the purpose indicated. An act making an appropriation for the erection of additional buildings and improvements for the southern California State asylum for the insane and inebriates. [Approved March 3, 1893; Stats. 1893, p. 70.] One hundred and seventeen thousand five hun- dred dollars was appropriated for the purpose in- dicated. An act authorizing the trustees to convey cer- tain water rights, approved March 27, 1895, Slats. 1895, p. 232. 'ih Insane. 433 MENDOCINO ASYLUM. Consult the following acts: An act entitled an act to establish a branch sane asylum for the insane of the State California at L)l^;iah, to be known as the Men clocino State insane asylum, and appropriating money therefor. [Approved February 20, 1889; Stats. 1889, p. 25.] An act to appropriate $100,000 for the Mendo- cino state asylum, to complete the female ward; to purchase furniture, and furnish the buildings erected and to be erected by the directors of said asylum; to con- struct a plant for lighting said build- ings; to improve the grounds thereof; to \,' purchase live-stock and agricultural imple- -/ ments to be used for asylum purposes; to con- ' struct a carpenter-shop and morgue thereon; to furnish the bakery; to construct a dam to furnish a water supply to said asylum; for fencing the ground, and constructing a sewer system; for purchasing laundry machinery and kitchen furniture; to appropriate money there- for, and provide for the expenditure of the same. [Approved March 3, 1893; Stats. 1893, p. 67.] An act entitled an act to appropriate money to pay the claims of McGowan and Butler for building retaining walls to "The Mendocino s,.,^ State Asylum for the Insane," for grading and f terracing the grounds thereof, and for con- "-f-- structing a drainage and sewer system in and ' about the buildings, which work was perform- ed on and material furnished said asylum un- der contracts with the board of directors of said asylum. [Approved ISIarch 9, 1893; Stats. 1893, p. 110.] An act to change the name of the Mendocino State Asylum for the Insane to Mendocino Asylum. "TApproved March 3, 1893; Stats. 1893, p. 75.] Gen. Laws— 37. ino^ — 7 ino -X 434 Insurance. An act to appropriate sixty thousand dollars for the erection of an administration building for the use and occupancy of the officers, employ- ees, and patients of the Mendocino Asylum; to purchase furniture and furnish the building so to be erected by the directors of said asy- lum; to appropriate money therefor, and pro- vide for the expenditure of the same. [Stat, approved April 1, 1897, stats. 1897; chap, cclxiv.] AGNEWS. Consult the following acts: An act to provide an additional asylum for the k insane of the state of California. [Approved March 9, 1885; Stats. 1885, p. 35.] An act to amend this act was approved March 11, 1889, Stats. 1889, p. 130. An act appropriating the sum of two hundred and five thousand dollars for the erection of addi- tional buildings at Agnews for the use of the chronic insane, to appropriate money therefor, and to provide for the expenditure of the same. [Approved March 14, 1889; 1889, 173.] This act appropriated two hundred and five tliousand dollars for the purpose indicated, and tooli effect immediately. An act appropriating the sum of two hundred and fifty thousand dollars for the erection of addi- tional buildings for the use of the chronic in- sane, to appropriate funds therefor, and to pro- vide for the expenditure of the same. ^ [Approved March 4, 1887; 1887, 18.] TITLE 130. INSOLVENCY. Acts relating to, see Code of Civil Procedure, Appendix, title Insolvency, p. 817. Interpeters— Inventory. 435 TITLE 131. INSURANCE. An Act relative to the noninsurance of property belonging to the state against risk of damage or destruction by fire. [Approved March 10, 1891; Stats. 1891, 70:} Section 1. No property belonging to this state shall hereafter be insured against risk of damage or destruction by fire, and no policy of fire insur- ance now existing upon any property belonging to this state shall be renewed at the expiration thereof, except the state printing-office and its contents. Sec. 2. This act shall take effect immediately. For other acts relating to, see Civil Code, Ap- pendix, title Insurance, "p. 777 et seq. TITLE 132. INTERPRETERS. Acts relating to, see Code of Civil Procedure, Ap- pendix, title Interpreters, p. 856; Penal Code, Ap- pendix, title Interpreters, p. 576. TITLE 133. INTOXICATING LIQUORS. Acts relating to, see Penal Code, Appendi^^itle Intoxicating Liquots, p. 578*^ . ■, ny ^\ tTTLE 134. INVENTORY. An act to require an inventory of the state and county property, and directing that a record of the same be kept. ^ "^^^ I Stat, approved February 9, 1897; ch. 7.^]'^ ' ' The nature of the act appears from its title. 436 Irrigation Districts. TITLE 135. INYO COUNTY. A reference to special acts relating to Inyo county is contained in Deering's Annotated Penal Code, p. 599. TITLE 136. IRRIGATION DISTRICTS. [The IiTigation Act of 1897 can be found post, p. 462. As the irrigation districts now in force wore formed under the prior acts and as the legal questions involved in relation to them depend up- on the constmctiou of these prior acts it is deem- ed best to set them forth in full.] An Act to amend "An Act amendatory of and supplemental to an act entitled 'An Act to pro- vide for the organization and government of irrigation districts, and to provide for the ac- quisition of water and other property, and for the distribution of water thereby for irriga- tion purposes.' approved March 7, 1887, pro- ■ viding for the exclusion of certain lands with- V in any such district." V ^ [Approved Feb. 16, 1889; Stats. 1889, p. 21.] Boundaries of irrigation districts, how changed. Section 1. The boundaries of any irrigation dis- trict now or hereafter organized under the provi- sions of .in act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquistion of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, one thousand eight hundred and eighty-seven, may be changed, and tracts of land which were included within the boundaries of such district at or after its organization under the provisions of said act may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the district nor such Irrigatiou Districts. 437 exclusion of lauds from the district shall impair or affect its orgauization, or its right in or to prop- erty, or any of its rights or privileges of whatever Iviud or nature; nor shall it affect, impair, or dis- charge any contract, obligation, lieu, or charge for or upon which said district was and may become liable or chargeable, had such change of its boundaries not been made or had not such land been excluded from the district. [Amendment ap- proved March 25, 1893; Stats. 1893, 516.] Petition to exclude from district. Section 2. The owner or owners in fee of one or more tracts of land whicli constitute a portion of an irrigation district may jointly or severally file with the board of directors of the district a peti- tion, praying that such tract or tracts, and any other tracts contiguous tliereto, may be excluded and taken from said district. The petition shall state the grounds and reasons upon which it is claimed that such lands should be excluded, and shall describe the boundaries thereof, and also the lands of such petitioner or petitioners which are included wlttiin such boundaries; but the descrip- tion of such lands need not ]t)e more particular or certain than is required when the lands are en- tered in the assessment-book by the county as- sessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledg- ment shall have the same force and effect as evi- dence as the acknowledgment of such a convey- ance. [Amendment approved March 25, 1893, Stats. 1893, 516.] I'ublication of notice. Section 3. The secretary of the board of direct- ors shall cause a notice of the filing of such peti- tion to be published for at least two weeks in some newspaper published in the county where the of- fice of the board of directors is situated, and if any portion of such territory to be excluded lie within another county or counties, then said no- tice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices one of 438 Irrigation Districts. said notices must be so posted on the lands pro- posed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said peti- tion, and the prayer of said petition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be re- quired to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. [Amendment ap- proved March 25, 1893; Stats. 1893, 516.] Hearing of petition. Section 4. The board of directors, at the time and place mentioned in tlie notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all evidence or proofs that may or shall be in- troduced by or on behalf of the petitioner or peti- tioners, and all objections to such petition that may or shall be presented in writing by any per- son showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections. Such evidence shall be talien down in shorthand, and a record made thereof and filed with the board. The failure of any person interested in said district, other than the holders of bonds thereof outstanding at the time of the filing of said petition with said board, to show cause, in w^riting, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and talien as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from said dis trict; and the filing of such petition with said board, as aforesaid, shall be deemed and talien as an assent to each and all of such petitioners to the exclusion from such district of the lands men- tioned in the petition, or any part thereof. The expenses of giving said notice and of the afore- said proceeding shall be paid by the person or per- sons filing such petition. [Amendments approved March 25, 1893; Stats. 1893, 516.] Irrigation Districts. 439 Action of board of directors on petition. Section 5. If, upon the tiearing of any sucli peti- tion, no evidence or proofs in support thereof be introduced, or if tlie evidence fail to sustain said petition, or if tlie board deem it not for tlie best interests of tlie district that the lands, or some portion thereof, mentioned in the petition should be excluded from the district, the board shall or- der that said petition be denied as to such lands; but if the said board deem it for the best interests of the district that the lands mentioned in the pe- tition, or some portion thereof, be excluded from the district, and if no person interested in the dis- trict show cause, in writing, why the said lands, or some portion thereof, should not be excluded from the district, or if, having shown cause, with- draws the same, or upon the hearing fails to estab- lish such objections as he may have made, then it shall be the duty of the board to, and it shall forth- with malve, an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district; provided, that it shall be the duty of said board to so order, upon petition therefor as aforesaid, that all lands so petitioned to be excluded from said district shall be excluded therefrom which cannot be irri- gated from., or which are not susceptible to, or would not, by reason of being permanently devot- ed to uses other than agricultural, horticultural, viticultural, or grazing, be directly benefited by the actual irrigation of the same from a common source, or by the same system of works with the other lands of said district, or from the source se- lected, chosen, or provided, or the system adopted for the irrigation of the lands of said district, or which are already irrigated or entitled to be irri- gated from another source or by another system of irrigation works: but no lands included within the limits of any city or town, or which shall have been subdivided into town lots or blocks, shall be excluded under the provisions of this act, and no lands irrigated or entitled to be irrigated from another source or by another system of irrigation works, shall be excluded under the provisions of this act, from any district organized before the pa»(iag« of this act. [Amendment approved March 25, 1893; Stats. 1893, 516.] 440 Irrigation Districts. Outstanding bonds. Section 6. If tiiere be outstanding bonds of the district at the time of the filing of said petition, the liolders of siicli outstanding bonds may give their assent, in writing, to the effect tliat they sev- erally consent that the lands mentioned in the petition, or such portion thereof as may be ex- cluded from -said district by order of said board, or the decree of the superior court as hereinafter provided, may be excluded from the district, and if said lands, or any portion tliereof, be thereafter excluded from the district, the lands so excluded shall be released from the lien of such outstanding bonds. The assent must be aclvuowledged by the several holders of such bonds in the same manner and form as is required in case of a conveyance of land, and the aclvnowledgment shall have the same force and effect as evidence as the acknowl- edgment of such conveyance. The assent shall be filed with the board, and must be recorded in the minutes of the board; and said minutes, or a copy thereof, certified by the secretary of said board, shall be admissible in evidence. Avith the same effect as the said as- sent, and such certified copy thereof may be re- corded in the office of the county recorder of the countv wherein said lands are situated. [Amend- ment approved March 2.'), 1893; Stat. 1893, 516.] Sections 7 and 8 repealed, amendment approved March 2.j. 1893, Stats 1893, p. 516. Orders to be filed in the recorder's office. Section 9. In the event the said board of direct- ors shall exclude any lands from said district upon petition therefor, or in the event any lands be ex- cluded from the said district by a decree of court, as hereinafter provided for, upon receipt of a cer- tified copy of a decree so made, it shall be the duty of the board of directors to make an entry in the minutes of the board, describing the boun- daries of the district, should the exclusion of said lands from said district change the boundaries of said district, and for that purpose the board may cause a survey to be made of such portions of the district as the board may deem necessary; and a certified copy of the entry in the minutes of the board excluding any land, whether after or with- out said decree of exclusion, certified by the presl- Irrigation Districts. 441 dent and secretary of tlie board, sliall be filed for record in tlie recorder's oflice of eacli county witli- iu wliicli are situated any of the lands of the dis- trict; but said district, notwithstanding such ex- clusion, shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district. [Amendment approved March 25, 1893; Stat. 1893, 516. Vacancy, filling of. Section 10. If the lands excluded from any dis- trict under this act shall embrace the greater por- tion of any division or divisions of such district, then the office of director for such division or di- visions shall become and be vacant at the expira- tion of ten days from the final order of the board, or the decree of the superior court as provided in this act, excluding said lands, and such vacancy or vacancies shall be filled by appointment by the board of supervisors of the county where the oflice of such board is situated, from the district at large. A director appointed as above provided shall hold his office until the next regular election for said district, and until his successor is elected and qualified. [Amendment approved March 25, 1893; Stats. 1893, 516.] Division of districts. Section 11. At least thirty days before the next general election of such district, the board of di- rectors thereof shall make an order dividing said district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth, and fifth, and one director shall be elected by each division. For the purposes of election in such district, the board of directors must establish a convenient number of election precincts and define the boundaries there- of, which said precincts may be changed from time to time, as the board of directors may deem necessary. [Amendment approved March 25, 1893: Stats. 1893, p. 516.] Rights of guardians, executors, etc. Sec. 12. A guardian and executor, or an admin- istrator of an estate, who is appointed as such under the laws of this state, and who as such 442 Irrigation Districts. guardian, executor, or administrator, is entitled to the possession of ttie lands belonging to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereto properly authorized by the proper court, sign and aclsinowledge the petition in this act mentioned, and may sIiom^ cause, as in this act pro- vided, why the boundaries of tlie district should not be changed. [Amendment approved March 25, 1893; Stats. 1893, 51G.] Excluded lands, liability of. Sec. 13. Nothing in this act provided shall in any manner operate to release any of the lands so excluded from the district from any obligation to pay, or any lien tliereon, of any valid outstanding bonds or otlier indebtedness of said district at the time of the filing of said petition for the exclu- sion of said lands, but, upon the contrary, said lands shall be held sul)ject to said lien, and an- swerable and chargeable for and with tlie pay- ment and discharge of all of said outstanding ob- ligations at the time of the filing of the petition for the exclusion of said land, as fully as though said petition for such exclusion were never filed and snid order or decree of exclusion never made; and for the purpose of discliarging sucli outstand- ing indebtedness, said lands so excluded shall be deemed and considered as part of said irrigation district the same as thougli said petition for its exclusion had never been filed, or said order or decree of exclusion never made; and "all provisions which may have been resorted to to compel the payment by said lands of its quota or portion of said outstanding obligations, had said exclusion never been accomplished, may, notwitlistanding said exclusion, be resorted to to compel and en- force the payment on the part of said lands of its quota and portion of said outstanding obligations of said irrigation district for which it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any ob- ligation of any nature or Icind whatever incurred after the filing with the board of directors of said district, the petition for the exclusion of said lands from the said district, provided, that the provi- sions of this section shall not apply to any out- standing bonds, the holders of which have assent Irrigatiou Districts. 443 e<:l to the exclusion of such lauds from said dis- trict, as liereiubefore provided. [Amoudmeut ap- proved March 25, 1893; Stats. 1893, 51G.] Sec. 14. This act shall take effect from aud af- ter its passage. An Act amendatory of aud supplemental to an "An Act to provide for tlie orgauization and goverumeut of irrigatiou districts, aud to pro- vide for the acquisition of water aud other property, aud for the distribution of water thereby for irrigation purposes," approved March 7, 1SS7, aud providing for a change of tlie l)0uudaries of irrigation districts, by in- cludiug other lauds tliereiu. [Approved February 16, 1SS9; 1889, 18.] Change of boundaries, how affected. Section 1. The boundaries of any irrigation dis- trict now or hereafter organized under the provi- sions of an act entitled "An Act to provide for the organization aud government of irrigation dis- tricts, aud to provide for the acquisitio^i of water aud water property, aud for the distribution of water thereby for irrigation purposes," approved March 7, 1887, may be cliauged in the manner herein prescribed; but such change of the boun- daries of the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made. Holders of title may petition for change of boun- daries. Sec. 2. The holder or holders of title, or evi- dence of title, representing one-half or more of any body of lauds adjacent to the boundary of an irrigation district, whicli are contiguous, and which, taken togetlier, constitute one tract of land, may tile witli the board of directors of said district a petition in writing, praying tliat tlie boundaries of said district may be so cliauged as to include therein said lauds. The petition sliall describe the TJTJTmdaries of said parcel or tract of land, and shall also describe the boundaries of the several 444 Irrigation Districts. parcels owned by tlie petitioners, if tlie petitioners be the owners respectively of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are en- tered by the county assessor in the assessment- book. Such petition must contain the assent of the petitioners to the inclusion within said district of the parcels or tracts of land described in the petition, and of which said petition alleges they are respectively the owners: and it must be ac- knowledged in the same manner that conveyances of land are required to be acknowledged. Publication of petition. Sec. 3. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issue of bonds are required by said act to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said peti- tion, and the prayer of said petition; and it shall notify all persons interested in or that may be affected by such change of the boundaries of the district to appear at the office of said board at a time named in said notice and show" cause in writ- ing, if any they have, why the change in the boun- daries of said district, as proposed in said peti- tion, should not be made. The time to be specified in the notice at which they shall be required ta show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall ad- vance to the secretary sufficient money to pay the estimated costs of all proceedings under this act. Hearing of petition. Sec. 4. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all the objections thereto pre- sented in writing by any person sliowing cause as aforesaid why said proposed cliange of the boun- daries of tlie district should not be made. The failure by any person interested in said district, or in the matter of the proposed change of its boun- daries, to show cause, in w^riting, as aforesaid. Irrigation Districts. 445 shall be deemed and talien as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any portion of the lands de- scribed in said petition. Petitioners may be assessed. Sec. 5. The board of directors to whom such pe- tition is presented may require as a condition pre- cedent to the granting of the same that the peti- tioners shall severally pay to such district such re- spective sums, as nearly as the same can be esti- mated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments had such lands been included in such district at the time the same was originally formed. When petition may be rejected. Sec. 6. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said districts be changed, and if no person interested in said district or the propos- ed change of its boundaries shows cause in writ- ing why the proposed change should not be made, or if, having shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition or some part thereof. Q^he order shall describe the boundaries as changed, and shall also describe the entire boundaries of the district as they will be after the change thereof as aforesaid is made; and for that purpose the board may cause a survey to be made of such portions of such boundary as is deemed necessary. Resolution of board to change boundaries. SeT?rv7.- If any person interested in said district, Gen. Laws— 38. 446 Irrigation Districts. or tlie proposed change of its boundaries, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part there- of, the board shall adopt a resolution to that ef- fect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be included within the boundaries of the district when changed. Election to determine change of boundaries. Sec. 8. Upon the adoption of the resolution men- tioned in the last preceding section, the board shall order that an election be held within said dis- trict, to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and published, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the election ascertain- ed and declared, and all things pertaining thereto conducted in the manner prescribed by said act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent there- to. The notice of election shall describe the pro- posed change of the boundaries in such manner and terms that it can readily be traced. Duty of board on result of election. Sec. 9. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a major- ity of such votes be in favor of such change of the boundaries of the district, the board shall there- upon order that the boundaries be changed in ac- cordance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a survey of such portions Irrigation Districts. 447 tliereof to be made as the board may deem neces- sary. Change of boundaries to be recorded. Sec. 10. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county AYithin Avhich are situated any of the lands of the district, and thereupon the district shall be and remain an irrigation district, as fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boun- daries as aforesaid had been included therein at the original organization of the district. Recording petition in minutes. Sec. 11. Upon the filing of the copies of the or- der as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evi- dence, with the same effect as the petition. Rights of guardian, executor, etc. Sec. 12. A gua;rdian, an executor, or an admin- istrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed. Redivision of districts. Sec. 13. In case of the inclusion of any land within any district by proceedings under this act, the board of directors must, at least thirty days prior to the next succeeding general election, make an order redividing such district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth, and fifth, and one director shall thereafter be elected by each division. For the purposes of eTSFfcions the board of directors must establish a 448 Irrigation Districts. convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time, -as the board may deem necessary. Sec. 14. This act shall take effect from and after its passage. An Act supplemental to an act entitled "An Act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irri- gation purposes," approved March 7, 1887, and to provide for the examination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act. [Approved March 16, 1889; 1889, 212.] Proceeding to determine as to sale of bonds. Section 1. The board of directors of an irriga- tion district, now or hereafter organized under the provisions of the act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of wa- ter and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, eighteen hundred and eighty-sev- en, may commence a special proceeding in and by which the proceedings of said board and of said district, providing for and authorizing the issue and sale of the bonds of said district, whether said bonds or any of them have or have not then been sold, may be judicially examined, approved, and confirmed. Petition of directors asking judicial determination. Sec. 2. The board of directors of the irrigation district shall file in the superior court of the coun- ty in which the lands of the district, or some por- tion thereof, are situated, a petition praying, in effect, that the proceedings aforesaid may be ex- amined, approved, and confirmed by the court. The petition shall state the facts showing the pro- ceedings had for the issue and sale of said bonds; and shall state generally that the irrigation dis- trict was duly organized, and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of Irrigation Districts. 449 the district, or the election of said first board of directors. Hearing. Sec. 3. The court shall fix the time for the hear- ing of said petition, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in the same manner, and for the same length of time, that a notice of a special election provided for by said act to determine whether the bonds of said district shall be issued is required to be given and published. The notice shall state the time and place fixed for the hearing of the petition, and the prayer oC the petition, and that any per- son interested in the organization of said district, or in the proceedings for the issue or sale of said bonds, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and de- scribed in said notice as the petition of the board of directors of irrigation district (giving its name), praying that the proceedings for the issue and sale of the bonds of said district may be ex- amined, approved, and confirmed by said court. Interested parties may answer petition. Sec. 4. Any person interested in said district, or in the issue or sale of said bonds, may demur to or ansAver said petition. The provisions of the Code of Civil Procedure respecting the demurrer, and the answer to a verified complaint, shall be applicable to a demurrer and answer to said peti- tion. The persons so demurring to or answering said petition shall be the defendants to said special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer must, for the purposes of said special proceeding, be taken as true; and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice, provided by the Code of Civil Procedure, wliich are not inconsistent with the provisions of this act, are applicable to the special proceeding herein provided for. A motion for a new trial must be made upon the minutes of th^nmi rt The order granting a new trial must specify the issues to be re-examined on such new 450 Irrigation Districts. trial, and the findings of the court upon the other issues shall not he affected by such order granting a new trial. Jurisdiction of court. Sec. 5. Upon tiie hearing of such special pro- ceedings, the court shall have power and jurisdic- tion to examine and determine the legality and validity of, and approve and confirm, each and all of the proceedings for the organization of said dis- trict under the provisions of the said act, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order for the sale, and the sale thereof. The court, in inquiring into the regularity, legality, or correctness of said proceedings, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to said special proceeding; and it may approve and con- firm such proceedings in part, and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine Avhetlier the notice of the filing of said petition has been duly given and published, for the time and in the manner in this act prescribed. The cost of the special proceedings may be allowed and apportioned between all the parties, in the discretion of the court. Appeal, when must be fallen. Sec. 6. An appeal from an order granting or re- fusing a new trial, or from the judgment, must be taken by the party aggrieved within ten days after the entry of said order or said judgment. Sec. 7. This act shall take effect and be in force from and after its passage. An act supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the ac- quisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1887, providing for reducing the bonded indebtedness thereof. [Approved March 23, 1893; Stats. 1893, p. 276.] Section 1. Whenever the board of directors of an irrigation district organized under and pursu- Irrigation Districts. 451 ant to the provisions of an act entitled "An act to provide for the organization and government of ir- rigation districts, and to provide for the acquisi- tion of water and other property, and for the dis- tribution of water thereby for irrigation pur- poses," approved March seventh, eighteen hun- dred and eighty-seven, shall determine that the authorized bonded indebtedness of such irrigation district is greater than such district is liable to need to complete its system as planned, and there be no outstanding bonds, the board of directors may call a special election for the purpose of vot- ing upon a proposition to reduce such bonded in- debtedness to such sum as the board may deter- mine to be sufficient for such purpose. Sec. 2. Such election shall be held in the same manner as other elections held under the provis- ions of this act. A notice of the said election shall be given in the same manner as provided in sec- tion fifteen of said act, in relation to calling spe- cial elections for issuance of bonds. The notice of election must state the amount of the author- ized bonded indebtedness of such district, and the amount to which it is proposed to reduce the same; also the date on which said election will be held and the polling places, as established by said board of directors. The ballots cast at said elec- tion shall contain the words "For reducing bonds— les," or "For reducing bonds — No." Sec. 3. When the vote is canvassed by the board of directors and entered of record, if a ma- jority of the votes cast shall be "For reducing bonds— Yes," then in that event the board of di- rectors sliall only be empowered to issue or sell such amount of bonds as was stipulated in the said notice of such special election; but if a ma- jority of said votes are not "For reducing bonds- Yes," then the authority to issue bonds shall re- main the same as before said special election was held. Sec. 4. In case there be outstanding bonds of any district desiring to tal^e advantage of the pro- visions of this act, the assent of such bondholders may be obtained to such reduction of the bonded indebtedness, in the same manner as provided in section six of an act supplemental to said act, en- titled' "An act amendatory of and supplemental to 452 Irrigation Districts. an act entitled 'An act to provide for the organiza- tion and government of irrigation districts, and to provide for tlie acquisition of water and ottier property', and for tlie distribution thereby for irri- gation purposes,' approved March seventh, eigh- teen hundred and eighty-seven, providing for the exclusion of certain lands within any such dis- trict," approved February sixteenth, eighteen hun- dred and eighty-nine. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be empowered to take ad- vantage of all the provisions of this act, but not otherwise. Sec. 5. No reduction of the bonded indebted- ness, as in this act provided, shall in any manner affect any order of court that may have been made, adjudicating and confirming the validity of said bonds. Sec. 6. This act shall take effect immediately. An act to provide for the issue and sale or ex- change of funding bonds of irrigation districts organized under "and in i^ursuance of an act of the legislature of the state of California en- titled "An act to provide for the organization and government of irrigation districts, and to provi^de for the acquisition of water and other propertj^ and for the distribution of water tliereby for irrigation purposes," approved March 7, 1887, to provide for the payment of such bonds, and for proceedings to test the va- lidity of the same. [Approved April 1, 1897; Stats. 1897, p. 394.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Whenever an irrigation district or- ganized under the provisions of an act entitled *'An act to provide for the organization and gov- ernment of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irriga- tion purposes," approved March seventh, eighteen hundred and eighty-seven, or said act and the acts supplementary thereto, or amendatory thereof, has outstanding bonds, coupons, or other evidences of indebtedness, the payment thereof may be pro- Irrigation Districts. 453 vided for by the issuance of new bonds, in the manner hereinafter prescribed. Sec. 2. A majority in number of the holders of title, or evidences of title to real property in any irrigation district, subject to assessment, such holders of title, or evidences of title, representing a majority in value of the real property of such district according to the equalized assessment roll or rolls of such district for the year last preced- ing, may propose the funding of such bonds, cou- pons, or other evidences of indebtedness. Said equalized assessment roll or rolls shall be suffi- cient evidence of title for the purposes of this act. Sec. o. In order to propose the funding of such bonds, coupons, or other evidences of indebtedness, & petition shall be presented to the board of direc- tors of such irrigation district, signed by a major- ity in number of holders of title, or evidences of ti- tle to real property in such district, and represent- ing a majority in value of the real property of said district, subject to assessment for district pur- poses, which petition shall set forth the amount of bonds, coupons, or other evidences of indebted- ness proposed to be funded, together with a gen- eral description of same, also the total amount of the bonds sought to be issued (provided, that said amount shall in no case be greater than the total amount of bonds, coupons, and other evidences of indebtedness then outstanding and sought to have funded); together with a full and complete state- ment of the purposes for which such bonds are to be used. On presentation of such petition, the same shall be entered in full on the minutes of the board. Sec. 4. Immediately after the recording of said petition, the board shall call a special election, at which shall be submitted to the electors of such district the question, whether or not the bonds of such district in the amount set forth in said peti- tion shall be issued. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such no- tice in sorne newspaper published in the county where the office of the board of directors of such district is required ^o be kept, once a week for at least three successive weeks before such election. Such notice must specify the time of holding the 454 Irrigation Districts. election, tlie amount of bonds proposed to be is- sued, the purposes for which they are to be issued, together with a general description of the indebt- edness sought to be funded, except as herein oth- erwise provided. Said election shall be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of offi- cers as provided by the law governing irrigation districts at the time of the holding of the election herein provided for; provided, that no informali- ties in conducting such an election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election, the ballots shall contain the words "Bonds— Yes," or "Bonds —No," or words equivalent thereto. If two-thirds of the votes cast are "Bonds— Yes," the board of directors shall cause bonds in said amount to be issued. If more than one-third of the votes cast at such election are "Bonds— No," the result of such election shall be so declared. The result in either case shall be duly entered of record. Sec. 5. The board of directors shall within thir- ty days after the issue of any bonds herein pro- vided for bring an action in the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three Aveeks in some paper of general circulation pub- lished in the county where the action is pending, such paper to be designated by the court having .iurisdiction of the proceedings. Jurisdiction shall be complete within thirty days after the full publication of such summons in the manner herein provided. Any one interested may, at any time before the expiration of said thirty days, appear and by proper proceedings contest the validity of such bonds, and may in the same action or proceeding contest the validity of any bonds, coupons, or other evidences of indebted- ness referred to in the petition for funding and proposed to be funded, and if any such bonds, coupons, or evidences of indebtedness be shown to be invalid, then the same shall only be funded for the amount of such proportion thereof as Irrigatiou Districts. 455 equals the fair and reasonable value of whatever the district may have received in consideration therefor, together Avith unpaid interest thereon, and the amount of such proportion shall be deter- mined and adjudicated bj^ the court in said action or proceeding. Such action shall be speedily tried and judgment rendered declaring such bonds so contested either valid or invalid. Either party shall have the right to appeal at any time within thirty days after the entry of such judgment, which appeal must be heard and determined with- in three months from the time of taking such ap- peal. tSec. 6. If no such proceeding shall have been taken by the board of directors, then at any time after thirty days and within ninety days after the issue of any bonds under the provisions of this act, any district assessment-payer may bring an action in the superior court of the county wherein the othce of the board of directors is located, to de- termine the validity of any such bonds. The board of directors shall be made parties defendant, and service of summons shall be made on the mem- bers of the board personally, if they can be found within the state; if not, then by publication for three weeks in some newspaper of general circu- lation witliin the county wherein the ofl3ce of the board of directors is located, such newspaper to be designated by the court having jurisdiction. Be- fore such publication can be had, an aflSdavit, in the usual form, shall be made, showing such facts. Said board shall have the right to appear and con- test such action. Notice of said action shall be given by publication of summons therein in the same manner, and for the same time as required in the preceding section hereof in actions brought by the board, and at any time within thirty days after the full publication of such summons in the manner herein provided. Any district assessment payer or any one interested may appear and de- fend said action, and thereafter the same proceed- ings shall be had in such action as are hereinbe- fore provided for in the preceding section hereof in actions brought by the board of directors, and the same matters determined and adjudicated by the court therein. Such action shall be speedily tff^d, with the right of appeal to either party, 456 Irrigation Districts. within the time and manner herein provided for the bringing of actions by the board to determine such matters. Such appeal shall be heard and de- termined within three months from the time of taking such appeal. Sec. 7. At the hearing of such proceedings the court shall hear and determine the sufficiency of all proceedings. Sec. 8. It more than one action shall be pending^ at the same time concerning similar contests in this act provided for, they shall be consolidated and tried together. Sec. 9. The court hearing any of the contests herein provided for, in inquiring into the regular- ity, legality, or correctness of such proceedings, must disregard any error, irregularity, or omis- sion which does not affect the substantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsist- ent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The costs of any hearing or contest herein pro- vided for may be allowed and apportioned between the parties, or taxed to the losing party, in the dis- cretion of the court. Sec. 10. No contest of any matter or thing here- in provided for shall be made other than within the time and manner herein specified. Sec. 11. if said bonds are directed to be issued as herein provided for, the board of directors shall cause the same to be issued. Said bonds shall be made payable in gold coin of the United States, and in twenty series, as follows, to-wit: On the first day of January after the expiration of twenty years, five per cent of the whole amount of said bonds, and on the first day of January of each year thereafter, an equal amount of such bonds until all shall have been finally paid; that is, five per cent of the whole issue of bonds— not five per cent of each bond — each being wholly payable when due. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-an- nually on the first day of January and July of each year. They shall be negotiable in form, and shall be of denominations of not less than one hundred dollars, nor more than five hundred dollars. Said bonds shall in all respects conform to the form Irrigation Districts, 457 of bonds prescribed by the laws governing irriga- tion districts at tlie time of tlieir issue, except as herein otherwise provided. Sec. 12. It shall be unlawful to sell or exchange any of the bonds issued as herein provided, for less than their par value. Sec. 13. AVhen bonds issued under this act shall be duly executed, they shall be deposited with the treasurer of the district, and his receipt shall be taken therefor, and he shall be charged with the same on his official bond, and shall have no power to deliver the same in exchange for any bonds or indebtedness proposed to be funded until the bonds or evidence of indebtedness proposed to be funded shall have been surrendered to him, and he shall have been ordered by the board of direc- tors of the district, by an order duly entered on their records, to make such delivery. When such bonds have been exchanged for other bonds, cou- pons, or other evidences of indebtedness, the treas- urer sliall at once cancel such other bonds, cou- pons, or other evidences of indebtedness by writ- ing across the face thereof "canceled," and the date of cancellation, and report the same with his monthly report to the board of directors of the district, designating the bond, coupon, or other evi- dence of indebtedness, so that it can be identified, the date of cancellation, and the person from whom it was received, together with the amount paid therefor, or the terms of exchange, in case there is an exchange. Sec. 14. When ^aid bonds are issued for the purpose of sale to the highest bidder, the board may sell said bonds from time to time, in such quantities as may be necessary and most advan- tageous, to raise money to pay bonds, coupons, or other evidences of indebtedness of the district which were outstanding at the time of the filing of said petition, and generally described therein. Be- fore making any sale, the board shall at a meeting, by resolution, declare its intention to sell a speci- fied amount of bonds, which resolution shall be en- tered in the minutes, and notice of the sale shall be given by publication thereof for at least three weeks in a newspaper published in the county in which the office of the board of directors is kept. — .Gen. Laws— 39. 458 Irrigation Districts. The notice shall state that sealed proposals will be received by the board at its office for the pur- chase of bonds till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of bonds to the highest responsible bidder, or may re- ject all bids; but said bonds shall in no event be sold for less than their par value, including ac- crued interest. All moneys realized from the sale of bonds issued under the provisions of this act shall be paid into the hands of the district treas- urer, and by him kept in a separate fund, known as the funding fund, and shall be applied exclu- sively to the payment of bonds, coupons, or other evidences of indebtedness of the district outstand- ing at the time of filing the said petition, and de- scribed therein. Sec. 15. At the time fixed for the levying of as- sessments for other purposes authorized by the district irrigation law then in force, there shall be levied an assessment sufficient in amount to pay the principal and interest then due and un- paid on any bonds issued by authority of tliis act, and also the amount to become due on any such bonds during the year following such levy. The assessment so lev- ied shall be computed and entered In the as- sessment roll in the same manner, and shall be collected at the same time and in the same man- ner as other assessments authorized by the district irrigation laAV, then in force, and when collected, shall be paid into the district treasury, for the purposes herein authorized; and all the provisions of said district irrigation law relating to the col- lection of assessments and the sale and redemption of property therefor shall be applicable to the as- sessments levied imder this act. Sec. 16. The bonds issued as herein provided for, may be exchanged, at not less than their pai value, including accrued interest, for any of the indebtedness set out and described in the petitioi upon which such funding bonds were issued, contract for such exchange may be made by th( board of directors upon such terms as said boarc may deem advisable; provided, that they must al-j ways receive not less than par and accrued inter-i est for any bonds so exchanged; and provided fur- Irrigation Districts. 459 tber, tliut no bonds shall be so exchanged except in accordance with the judgment of the superior court in the action hereinbefore provided for, or until after final judgment shall have been entered in said action. Sec. 17. Whenever there remains in the hands of the treasurer of any district any funding bonds voted to be issued by said district, but not used, and not necessary to be used for the funding pur- poses set out and desci'ibed in the petition for the issuance of said bonds, then said board of direc- tors, shall at a regular meeting, within three months after the completion of the funding, cause the same to be destroyed and a record to be made thereof, and the total amount of bonds so destroy- ed and canceled shall be deducted from the sum authorized to be issued by the electors of said dis- trict, and no part thereof shall be thereafter re- printed or reissued. Sec. IS. Any bonds issued under the provisions of this act shall be a lien upon tlie property of the district. Sec. 19. This act shall talce effect from and after its passage. An act supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irri- gation purposes," approved March 7, 1887, pro- viding for the destruction of all or any part of toe bonds of any irrigation district remain- ing unsold after the conapletion of their irriga- tion system. [Approved March 26, 1895; ?tats. 1895, p. 127.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. AYhenever there remains in the hands of the board of directors of any irrigation district organized under the provisions of "An act to provide for the organization and government of iriigation districts, and to provide for the ac- quisition of water and other property, and for the diSRibution of water thereby for irrigation pur- poses," approved March seventh, eighteen hundred 460 Irrigation Districts. and eighty-seven, after the completion of their ditch system, and the payment of all demands against such district, any bonds voted to be issued by said district but not sold, and not necessary to be sold for raising funds for the use of such district, the board of directors may call a special election for the purpose of voting upon a proposi- tion to destroy said unsold bonds or so many of them as they may deem best, or may submit such proposition at any general election. Sec. 2. Such election shall be held in the same manner as other elections held under the provis- ions of said act. A notice of such election shall be given in the same manner as provided in &ec- tion fifteen of said act in relation to calling special elections for issuance of bonds. The notice of elec- tion must state the amount of the authorized bond- ed indebtedness of such district authorized by the vole of the district, the amount of the bonds re- maining unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to be held; and the polling places as fixed by said board of directors. The ballots to be cast at such election shall contain the words "For de- stroying bonds— Yes," and "For destroying bonds —No," and the voter must erase the word "No" in case he favors the destruction of the bonds, oth- erwise the word "Yes." Sec. 3. When the vote is canvassed by the board of directors and entered of record, if a ma- jority of the votes cast should be found to be in favor of the destruction of such bonds, then the president of the board in the presence of a major- ity of the members of the board, must destroy the bonds so voted to be destroyed; and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the ele proT'trty is offered thereafter for sale, and there is no purchaser in good faith for the same, the whole amount of the property assessed shall be struck off to the irrigation district within which s*4*r^ lands are situated as the purchaser, and the duplicate certificate delivered to the treasurer of 484 Irrigation Districts. th;^ distiict, and filed by him in his office. No charjie shall be made for the duplicate certificate where the district is the purchaser, and, in such case, the collector shall make an entry, "Sold to the district," and he shall be credited with the amount thereof in his settlement. An irrigation district as a purchaser at such sale, shall be en- titled to the same rights as a private purchaser, and the title so acquired by the district, subject to the right of redemption herein provided, may be conveyed by deed, executed and acknowledged by the president and secretary of said board; pro- vided, that authority to so convey must be con- ferred by resolution of the board entered on its minutes, fixing ihe price at wliich such sale may be made, and such conveyance shall not be made for a less sum than the reasonable market value of such property. Sec. 45. After receiving the amount of assess- ments and costs, the collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person as- sessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and year of the assessment and specifying the time when the purchaser will be entitled to a deed. The certificate must be signed by the collector, and one copy delivered to the pur- cliaser. and the other filed in tlie ofli'ce of the county recorder of the county in which the land is situated. Sec. 46. The collector, before delivering any certificate, must in a book enter a description of the land sold, corresponding with the description in the certificate, the date of the sale, purchasers' names, and amount paid, regularly number the description on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection, without fee, during office hours, when not in actual use. On filing the certificate with such county recorder the lien of the assessments vests with the pur- chaser, and is only divested by the payment to him, or to the collector for his use, of the purchase money and two per cent per month from the day of sale until redemption. Irrigation Districts. 485 KEDEMPTION OF PROPERTY SOLD FOR DE- LINQUENT TAXES. Sec. 47. A redemption of the property sold may be made by the owner, or any party in interest, within twelve months from the date of purchase; provided, that all land heretofore sold at delin- quent tax sale under any of the provisions of an act entitled "An act to provide for the organiza- tion and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, eighteen liundred and eiglity-seven, or the acts supplementary thereto or amendatory thereof, where deeds have not been made and delivered, or when such deed has been made to the district, and the district has not disposed of the same, may be redeemed any time within six months from Janu- ary twenty-seventh, eighteen hundred and ninety- seven. Redemption must be made in gold or sil- ver coin, as provided for the collection of state and county taxes, and wlien made to the collector he must credit the amount paid to the person named in the certificate, and pay it, on demand, to the person or his assignees. In each report the collector makes to the board of directors, he must name the person entitled to redemption money, and the amount due each. On receiving the cer- tificate of sale, the county recorder must file it and make an entry in a book similar to that re- quired of the collector. On the presentation of the receipt of the person named in the certificate, or of tlie collector for his use, of the total amount of the redemption money, the recorder must mark The word "redeemed," the date, and by whom redeemed, on the certificate and on the margin of the book where the entry of the certificate is made. If the property is not redeemed within the time herein provided, the collector, or his succes- sor in office, must make to the purchaser, or his assignee, a deed of tlie property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed tlie prop- erty during the time allowed by law for its re- cUimption. The collector shall receive from the purchaser, for the use of the district, two dollars for making such deed. 486 IiTigatiou Districts. Sec. 48. The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evi- dence that: {a.) The property was assessed as re- quired by law; (b) the property was equalized as required by law; (c) that the assessments were levied in accordance with law; (d) the assess- ments vv^ere not paid; (e) at a proper time and place the property was sold as prescribed by law, and by the proper officer; (f) the property was not redeemed; (g) the person who executed the deed was the proper officer. Such deed duly acknowledged or proved is (ex- cept as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein free of all incumbrances, except when the land is owned by the United States, or this state, in which case it is prima facie evidence of the right of possession. Sec. 49. The assessment book or delinquent list, or a copy thereof, certified by the collector, show- ing unpaid assessments against any person, or property, is prima facie evidence of the assess- ment, the property assessed, the delinquency, the amount of assessments due and unpaid, and that all the forms of the law in relation to the assess- ment and levy of such assessments have been complied with. Sec. ijO. ^\'hen land is sold for assessments cor- rectly imposed, as the property of a particular per- son, no misnomer of the owner, or supposed owner, or other mivStake relating to the ownership thereof, affects the sale, or renders it void, or void- able. Sec. .51. On the first Monday in each month, the collector must settle with the secretary of the board for all moneys collected for assessments, and pay the same over to the treasurer; and within six days thereafter he must deliver to and file in the office of the secretary a statement under oath, showing: (a) An account of all his trans- actions and receipts since his last settlement; (b) that all money collected by him as collector has been paid. The collector shall also file in the IiTigatiou Districts. 487 office of the secretary, on said first * Monday in eacli montti, the receipt of tlie treasurer for the money so paid. REDEMPTION OF BONDS, AND PAYMENT OF INTEREST. Sec. 52. Upon the presentation of the coupons due, to the treasurer, he shall pay the same from the bond fund. Whenever said fund shall amount to the sum of ten thousand dollars in excess of an amount sufficient to meet the interest coupons due, the board of directors may direct the treas- urer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in the manner here- inbefore provided for the sale of bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, un- der the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in said "bond fund," and may be used to redeem said district bonds whenever the holders thereof may desire. CONSTRUCTION OF WORKS. Sec. 53. After adopting a plan for such canal or canals, storage reservoirs, and worlds, as in this act provided for, the board of directors shall give notice, by publication thereof not less than twenty days iu one newspaper published in each of the counties composing the district (provided, a newspaper is published therein), and in such other newspapers as they may deem advisable, calling for bids for the construction of such work, or of aftjf^ portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said no- ,488 Irrigation Districts. tiee sliall set fortli that plans and specifications can be seen at the office of the board, and that tlie board will receive sealed proposals therefor, and that the contract will be let to the lowest respon- sibl bidder, stating the time and place for opening said proposals, which, at the time and place ap- pointed, shall be opened in public; and as soon as convenient thereafter the board shall let said worlv, either in portions or as a whole, to the low- est responsible bidder; or they may reject any or all bids and readvertise for proposals, or may pro- ceed to construct the work under their own super- intendence. Contracts for the purchase of ma- terial shall be awarded to the lowest responsible bidder. Any person or persons to whom a con- tract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for twenty-five per cent of the amount of the contract price, conditioned for the faithful per- formance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. Sec. 'A. No claim shall be paid by the treasurer until allowed by the board, and only upon a war- rant signed by the president, and countersigned by the secretary; provided, that the board may draw, from time to time, from the construction fund, and deposit in the county treasury of the county where the office of the board is situated, any sum in excess of the sum of twenty-five thousand dollars. The county treasurer of said county is hereby authorized and required to re- ceive and receipt for the same, and place the same to the credit of said district, and he shall be re- sponsible upon his offi'cial bond for tlie safe-l^eep- ing and disbursement of the same, as in this act provided. He shall pay out the same, or any por- tion thereof, to the treasurer of the district only, and only upon the order of the board, signed by the president, and attested by tlie secretary. The said county treasurer shall report, in writing, on the second Monday in each month, the amount of money in the county treasury, tlie amount of re- •ceipts for the month preceding, and the amount or amounts paid out: said report shall be verified and filed with the secretary of the board. Irrigation Districts. 489 The district treasurer shall also report to the board, in writing, on the first Monday in each month, the amount of money in the district treas- ury, the amount of receipts for the month preced- ing, and the amount and items of expenditures. and said report shall be verified and filed with the secretary of the board. Sec. 55. The cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for, shall be wholly paid out of the construction fund. For the purpose of defraying the expenses of the organization of the district, and of the care, operation, management, repair, and improvement of such portions of said canal and worlis as are completed and in use, including salaries of offi- cers and employees, the board may in lieu (either in part or in whole) of levying assessments as herein provided for, fix rates of tolls and charges, and collect the same from all persons using said canal for irrigation and other purposes. Sec. 56. The board of directors shall have power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same, when so crossed or intersected, to its for- mer state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming said intersec- tions and crossings, and grant the privileges afore- said; and if such railroad company and said board, or the ov\'ners and controllers of ihe said prop- erty, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersec- tions, the same shall be ascertained and de- termined in all respects as is herein pro- vided in respect to the taking of land. The right of way is hereby given, dedicated, and set apart, to locate, ^-oustruct, and maitttain said works over and through any of the lands which are now or may be the property of 490 Irrigation Districts. this state; and. also there is given, dedicated, and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to this state within the district. GOVERNING DIRECTORS. Sec. 57. The directors, when sitting as a board, or acting under the orders of the board, shall each receive not to exceed three dollars per day, and actual and necessary expenses paid while engaged in official business under the order of the board. The board shall fix the compensation to be paid to all officers named in this act, to be paid out of the treasury of the district; provided, that said board shall, upon the petition of at least fifty, or a majority of the freeholders within such district, therefor, submit to the electors at any general election a schedule of salaries and fees to be paid hereunder. Such petition must be presented to the board not less than twenty days nor more than forty days prior to a general election, and the result of such election shall be determined and declared in all respects as other elections are de- termined and declared under this act. Sec. 58. No director or any other offi'cer named in this act shall in any manner be interested, di- rectly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived tli ere from; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall worli a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. SPECIAL ASSESSMENTS. Sec. 59. The board of directors may, at any time, when in their judgment it may be deemed advisable, call a special election and submit to the qualified electors of the district the question, whether or not a special assessment shall be levied for the purpose of raising money to be ap- plied to any of the purposes provided in this act. Such election must be called upon the notice pre- scribed, and the same shall be held and the re- Irrigation Districts. 491 suit thereoof determined and declared in all re- spects in conformity with the provisions of section thirty of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used. At such elections the ballots shall contain the words "Assessment— Yes," or "Assessment— No." If two- thirds or more of the votes cast are "Assessment —Yes," the board shall, at the time of the annual levy hereunder, levy an assessment sufficient to raise the amount voted. Sec. 60. The rate of assessments levied under the provisions of this act shall be ascertained by deducting fifteen per cent, for anticipated delin- quencies from the aggregate assessed value of the property in the district as it appears on the assess- ment roll for the current year, and then dividing the sum voted by the remainder of such aggre- gate assessed value. The assessments so levied shall be computed and entered on the assessment roll by the secretary of the board, and collected at the same time and in the same manner as other assessments provided for herein; and when col- lected shall be paid into the district treasury for the purpose specified in the notice of such special election. INCURRING INDEBTEDNESS. Sec. 61. The board of directors, or other officers of the district, shall liave no power to mcur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void, except that for the purpose of organization, or for any of the purposes of this act, the board of di- rectors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent, per annum. GOVERNING THE USE OF WATER. Sec. 62. In case the volume of water in any stream or river shall not be sufficient to supply 492 Irrigation Districts. the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners, constituted as hereinafter pro- vided, to apportion, in a just and equitable propor- tion, a certain amount of said water upon certain or alternate weelily days to differ- ent localities, as they may, in their judgment, think best for the interest of all parties concerned, and with due regard to the legal and equitable rights of all. Said water commissioners shall con- sist of the chairman of the board of directors of each of the districts affected. Sec. 63. It shall be the duty of the board of di- rectors to keep the water flowing through the ditches under their control to the full capacity of such ditches in times of high water. Sec. 64. Navigation shall never in anywise be impaired by the operation of this act. nor sliall any vested interest in or to any mining water rights or ditches, or in or to any water or water rights, or reservoirs or dams now used by the owners or possessors thereof in connection with any mining industry, or by persons purchasing or renting the use thereof, or in or to any other property noAv used, directly or indirectly, in carry- ing on or promoting the mining industry, ever be affected by or fallen under its provisions, save and except that rights of way may be acquired over the same. Sec. 65. Nothing herein contained shall be deemed to authorize any person or persons to di- vert the waters of any river, creelv, stream, ca- nal, or ditch from its channel, to the detriment of any person or persons having any interest in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private prop- erty for public uses. EXEMPTION FROM TAXATION— CREATION OF FUNDS. Sec. 6(j. The rights of way, ditches, flumes, pipe-lines, dams, water rights, reservoirs, and other property of like character, belonging to any IiTigation Districts. 493 irrigation district shall not be taxed for state and county or municipal purposes. Soc. 67. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Bond fund, construction fund, general fund. GENERAL PROVISIONS. Sec. 68. The board of directors may, at any time after the issue of any bonds or the levy of any assessment herein provided for, bring an ac- tion in ihe superior court of the county wherein is located the office of such board, to determine the validity of any such bonds or such levy of as- sessments: such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of general circulation published in the county where the action is pending, such paper to be designated by the court having jurisdiction of the proceedings. Jurisdiction shall be complete within ten days after the full publication of such summons in the manner herein provided. Any one interested may at any time before the expira- tion of said ten days appear and by proper pro- ceedings contest the validity of such bonds or as- sessments. Such action shall be speedily tried and judgment rendered declaring such matter so contested either valid or invalid. Either party may have the right to appeal to the supreme court at any time within thirty days after the rendi- tion of such judgment, which appeal must be heard and determined within three months from the time of taking such appeal. Sec. 69. If no such proceeding shall have been brought by the board of directors, then, at any time within thirty days after the levy of any as- sessment or issue of any bonds under the provis- ions of this act, any district assessment-payer may bring an action in the superior court of the county where the offi'ce of the board of directors is located, to determine the validity of any such assessment or such bonds. The board of directors shall be made parties defendant, and service of summons shall be made on the members of the ^*eren Laws — 42. 494 Irrigation Districts. board personally. Said board shall have the right to appear and contest such action. Such action shall be speedily tried, with the right of appeal to either party, within the time and manner herein provided for the bringing of actions by the board to determine such matters. Such appeal shall be heard and determined in the manner and within the time therein provided. Sec. 70. If more than one action shall be pend- ing at the same time concerning similar contests in this act provided for, they shall be consolidated and tried together. Sec. 71. The court hearing any of the contests herein provided for, in inquiring into the regu- larity, legality, or correctness of such proceed- ings, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsist- ent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The motion for a new trial of any such action or proceeding must be heard and determined within ten days from the Sling of the notice of intention. The costs on any hearing, or contest herein pro- vided for, may be allowed and apportioned be- tween the parties, or taxed to the losing party, in the discretion of the court. Sec. 72. No contest of anything or matter herein provided shall be made other than within the time and manner herein specified. Sec. 73. For any willful violation of any ex- press duty herein provided for, on the part of any officer herein nam(»d, lie shall be liable upon his oflBcial bond, and be subject to removal from oflice, by proceedings brought in the superior court of the county wherein the office of the board of di- rectors of the district is located, by any assess- ment-payer of the district. EXCLUSION OF LANDS. Sec. 74. The boundaries of any irrigation dis- trict now organized or hereafter organized under the provision of this act, may be changed, and tracts of land which were included within the boundaries of such district at or after its organi- Irrigation Districts. 495 zation under tlie provisions of said act, may be excluded therefrom, in the manner herein pre- scribed; but neither such change of the boundaries of the districts nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, obli- gation, lien, or charge for or upon which said dis- trict was and may become liable or chargeable, had such change of its boundaries not been made, or had not such land been excluded from the dis- trict. Sec. 75. The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may jointly or severally file with the board of directors of the district a peti- tion, praying that such tract or tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The petition shall state the grounds and reasons upon which it is claimed that such lands should be excluded and shall describe the boundaries thereof, and also the lands of such petitioner or petitioners which are included within such boundaries; but the descrip- tion of such lands need not be more particular or certain than is required when the lands are en- tered in the assessment-book by the county asses- sor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. Sec. 76. The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be published in a newspaper published with- in each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on tUF^iands proposed to be excluded. The notice 496 Irrigatiou Districts. shall state the filing of such petition, the names of the petitioners, a description of the lands men- tioned in said petition, and the prayer of said pe- tition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as pro- posed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regu- lar meeting of the board next after the expiration of the time for the publication of the notice. Sec. 77. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all evidence or proofs that may or shall be introduced by or on behalf of the petitioner or pe- titioners, and all objections to such petition that may or shall be presented in writing by any per- son showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections. Such evidence shall be taken down in shorthand, and a record made thereof and filed with the board. The failure of any per- son interested in said district, other than the hold- ers of bonds thereof outstanding at the time of the filmg of said petition with said board, to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tnjcts of land, or any part thereof, from said dis- trict; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands men- tioned in the petition, or any part thereof. The exi)euses of giving said notice and of the afore- said proceeding shall be paid by the person or per- sons filing such petition. Sec. 78. If, upon the hearing of any such peti- tion, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the district that the lands, or some Irrigation Districts. 497 portion tliereof, mentioned in the petition, should be excluded from the district, the board shall or- der that said petition be denied as to such lands; but if the said board deem it for the best interests of the district that the lands mentioned in the pe- tition, or some portion thereof, be excluded from the district, and if no person interested in the dis- trict show cause, in writing, why the said lands, oi" some portion thereof, sliould not be excluded from the district, or if, having shown cause, with- draws the same, or upon the hearing fails to es- tablish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, mal^e an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said dis- trict; provided, that it shall be the duty of said board to so order, upon petition therefor as afore- said, that all lands so petitioned to be excluded from said district shall be excluded therefrom which cannot be irrigated from, or which are not susceptible to, or would not, by reason of being permanimtly devoted to uses other than agricul- tural, horticultural, viticultural, or grazing, be di- rectly benefited by the actual irrigation of the same from a common source, or by the same sys- tem of works with the other lands of said district, or from the source selected, chosen, or provided. or the system adopted for the irrigation of the lands of said district, or which are already irri- gated or entitled to be irrigated, rrom another source or by another system of irrigation works; but no lands included within the limits of any city or town, or which shall have been subdivided into town lots or blocks, shall be excluded under the provisions of this act. Sec. 79. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be ex- cluded from said district by order of said board, or the decree of the superior court as hereinafter provided, may be excluded from the district; and if said lands, or any portion thereof, be thereaf- te»c^xcluded from the district, the lands so ex- 498 Irrigation Distiicts. eluded shall be released from the lien of such out- standing bonds. The assent must be aclinowl- edged by the several holders of such bonds in the same manner and form as is required in case of a conveyance of land, and the aclinowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance. The assent shall be filed with the board, and must be recorded in the minutes of the board; and said minutes, or a copy thereof, certified by the secre- tary of said board, shall be admissible in evidence, w4th the same effect as the said assent, and such certified copy thereof may be recorded in the office of the county recorder of the county wherein said lands are situated. Sec. 80. In the event the said board of directors shall exclude any lands from said district upon pe- tition therefor, it shall be the duty of the board of directors to malie an entry in the minutes of the board, describing the boundaries of the district, should the exclusion of said lands from tsaid dis- trict change the boundaries of said district, and for that purpose the board may cause a survey to be made of such portions of the district as the board may deem necessary; and a ceritfied copy of the entry in the minutes of the board excluding any land, certified by the president and secretary of the board, shall be filed for record in the re- corder's ofiice of each county within which are situated any of the land of the district; but said district, notwithstanding such exclusion, shall be and lemain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district. Sec. 81. If the lands excluded from any district under this act shall embrace the greater portion of any division or divisions of such district, then the office of director for such division or divisons shall become and be vacant at the expiration of ten days from the final order of the board exclud- ing said lands; and such vacancy or vacancies shall be filled by appointment by the board of supervis- ors of the county where the office of such board is situated, from the district at large. A director ap- pointed as above provided, shall hold his office Irrigation Districts. 499 until the next regular election for said district, and until liis successor is elected and qualified. Sec. 82. At least thirty days before the next general election of such district, the board of di- rectors thereof shall make an order dividing said district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, sec- ond, third, and so on, and one director shall be elected by each division. For the purposes of elec- tions in such district, the said board of directors must establish a convenient number of election precincts, and define the boundaries thereof, vv^hich said precincts may be changed from time to time, as the board of directors may deem neces- sary. Sec. 8.3. A guardian and executor, or an admin- istrator of an estate, who is appointed as such un- der the laws of this state, and who, as such guar- dian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereto properly authorized by the proper court, isign and acknowledge the petition in this act men* tioned, and may show cause, as in this act prO' vided, why the boundaries of the district should not be changed. Sec. 84. Nothing in this act provided shall, in any manner, operate to release any of the lands so excluded from the district from any obligation to pay, or any lien thereon, of any valid outstand- ing bonds or other indebtedness of said district at the time of the filing of said petition for the ex- clusion of said lands, but upon the contrary, said lands shall be held subject to said lien, and an- swerable and chargeable for and with the pay- ment and discharge of all of said outstanding ob- ligations at the time of the filing of the petition for the exclusion of said land, as fully as though said petition for such exclusion were never filed and said order or decree of exclusion never made; and for the purpose of discharging such outstand- ing indebtedness, said lands so excluded shall be deemed and considered as part of said irrigation district the same as though said petition for its ex'ffFttsion had never been filed or said order or 500 Irrigation Districts. decree of exclusion never made; and all provisions which may have been resorted to to compel the payment by said lands of its quota or portion of said outstanding- obligations, had said exclusion never been accomplished, may, notwithstanding eaid exclusion, be resorted to to compel and en- force the payment on the part of said lands of its quota and portion of said outstanding obligations of said irrigation district for wliich it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any ob- ligation of any nature or kind whatever, incurred after the tiling with the board of directors of said district of the petition for the exclusion of said lands from the said district; provided, that the provisions of this section shall not apply to any outstanding bonds, the holders of which have as- sented to the exclusion of such lands from said district, as hereinbefore provided. INCLUSION OF LANDS. Sec. 85. The boundaries of any irrigation dis- trict now organized or hereafter organized under the provisions of this act may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its orgaui/ation, or its rights in or to property, or eny of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or miglit become liable or chargeable, iiad such change of its boundaries not been made. Sec. 86. Tlie liolder or holders, of title, or evi- dence of title, representing one-half or more of any body of lands adjacent to the boundary of an irrigation district, which are contiguous, and which, talven together, constitute one tract of land, may file with the board of directors of said dis- trict a petition, in writing, praying that the boun- daries of said district may be so changed as to include therein said lands. The petition shall de- scribe the boundaries of said parcel or tract of land, and shall also describe the boundaries of Che several parcels owned by the petitioners, if the petitioners be the owners, respectively of distinct parcels, but such descriptions need not be more Irrigatiou Districts. 501 particular than they are required to be when such lands are entered by the county assessor in the as- sessment-book. Such petition must contain the assent of the petitioners to the inclusion within said district of the parcels or tracts of land de- scribed in the petition, and of which said peti- tion alleges they are, respectively, the owners; and it must be acknowledged in the same manner that conveyances of land are required to be ac- knowledged. Sec. 87. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issue of bonds are required by this act to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said peti- tion, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the change in the boundaries of said district, as proposed in said petition, should not be made. Tiie time to be speci- fied in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient motfey to pay the estimated costs of all proceedings under this Sec. 88. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all objections thereto, presented in writing by any person showing cause as afore- fsaid why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said district, or in the maLter of the proposed cliange of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent OBTwrtiis part to a change of the bound- aries of the district as prayed for in said 502 Irrigation Districts. petition, or to such a change thereof as will in- clude a part of said lands. And the filing of such petition with said board, as aforesaid, shall be deemed and taken n,s an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any portion of the lands described in said petition. Sec. 89. The board of directors to whom such petition is presented, may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be deter- mined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments, had such lands been in- cluded in such district at the time the same was originally formed. Sec. 90. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed, and if no person interested in said district or the pro- posed change of its boundaries sliows cause, in writing, why the proposed change should not be made, or if, having shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition or some part thereof. The order shall describe the boundaries as changed, and shall also describe the entire iDOundaries of the district as they will be after the change thereof as aforesaid is made; and for that purpose the board may cause a survey to be made of such portions of such boundary as is deemed necessary. Sec. 91 . If any person interested in said dis- trict, or the proposed change of its boundaries, shall show cause as aforesaid why such boun- daries should not be changed, and shall not with- draw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include tnerein the lands mentioned in the petition, or -njosaj V :^dopB ^^^s pa^oq 9T[:; 'joaaaq; ;jBd eraos Irrigation Districts. 503 tiou to that effect. Tlie resolution sliall describe the exterior boundaries of the lands which tho board are of the opinion should be included within the boundaries of the district when changed. Sec. 92. Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and published, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the elec- tion ascertained and declared, and all things per- taining thereto conducted in the manner pre- scribed by said act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words "P'or change of boundary," or "Against change of boundary," or words equiv- alent thereto. The notice of election shall de- scribe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 9.3. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a ma- jority of such votes be in favor of such change ©f the boundaries of the district, the board shall thereupon ordei- that the boundaries be changed in accordance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a survey of such portions thereof to be made as tlie board may deem nec- essary. Sec. 94. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's oflice of each county within which are situated any of the lands of^tfee -district, and thereupon the district shall be 504 Irrigation Districts, and remain an irrigation district, as fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district, Sec. 95. Upon the filing of the copies of the or- der, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes,^ or a certified copy thereof, shall be admissible in evidence, with the same effect as the petition. Sec. 96. A guardian, an executor, or an admin- istrator of an estate, who is appointed as such un- der the laws of this state, and who, as such guar- dian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mention- ed, and may show cause, as in this act mentioned, ^vhy the boundaries of the district should not be changed. Sec. 97. In case of the inclusion of any land within any district by proceedings under this act, the board of directors must, at least thirty days prior to tlie next succeeding general election, mai^e an order redividing such district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second, third, and so on, and one director shall thereafter be elected by each division. For the purposes of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said pre- cincts may be changed from time to time, as the board may deem necessary. REDUCTION OF BONDED INDEBTEDNESS. Sec. 98. Whenever the board of directors of an irrigation district heretofore organized, or hereaf- ter organized under the provisions of this act, shall determine that tiie authorized bonded iudebt- ness of such irrigation district is greater than such district is liable to need to complete its Irrigation Districts. 505 system as planned, and tliere be no outstanding bonds, tlie board of directors may call a special election lor tlie purpose of votiuj^- upon a proposi- tion to reduce such bonded indebtedness to such sum as the board may determine to be sufficient for such purpose. Sec. 99. Notice of the said election shall be given in the same manner as provided in section thirty of said act, in relation to calling special elections for issuance of bonds. The notice of elec- tion must state the amount of the authorized bond- ed indebtedness of such district, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held, and the polling places, as established by said board of directors. The ballots cast at said election shall contain the words, "For reducing bonds— Yes," or, "For reducing bonds— No." When the vote is can- vassed by the board of directors and entered of re- cord, if a majority of the votes cast shall be "For reducing bonds— Yes," then in that event the board of directors shall only be empowered to issue or sell sucli amount of bonds as was stipulated in the said notice of such special election; but if a ma- jority of said votes are not "For reducing bonds- Yes," then the authority to issue bonds shall re- main the same as before said special election was held. See. 991^. In case there be outstanding bonds of any district desiring to talie advantage of the provisions of this act concerning reduction of bonded indebtedness, the assent of such bondhold- ers may be obtained to such reduction of the bonded indebtedness, in the same manner as pro- vided in section seventy-nine of this act. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be em- powered to taiie advantage of all the provisions of this act, but not otherAvise. No reduction of the bonded indebtedness, as in this act provided, shall in any manner affect any order of court that may have been made, adjudicating and con- firming the validity of said bonds. Gen. Laws — i3. 506 Irrigation Districts. LEASE OF WATER. Sec. 100. Whenever any irrigation district, here- tofore organized, or hereafter organized under the provisions of this act, in the development of its works as by lavr provided, may have opportunity, without increased expenditure, to utilize the wa- ter by It owned or controlled, for mechanical pur- poses not inconsistent with the provisions of said act, the board of directors may lease the same, as in this act hereinafter provided. Sec. 101. Whenever the board of directors may desire to lease the use of water, as hereinbefore stated, they shall pass a resolution of intention to so lease the same. Immediately thereafter the secretary shall cause notice of such intention to be given by publication in one newspaper pub- lished in each county in which lands of the dis- trict are situated, for at least twenty days (pro- vided, a newspaper is published therein, otherwise in any newspaper the board of directors may se- lect), and, if the board thinks proper in such other newspapers as may be deemed advisable, calling for bids for the leasing of said water for the pur- poses hereinbefore mentioned. Said notice shall state that the board will receive sealed proposals therefor, that the lease will be let to the highest responsible bidder, stating the time and place of opening said proposals. Sec. 102. At the time and place appointed the board shall proceed to open the proposals in pub- lic. As soon thereafter as may be convenient the board shall let said lease in portions, or as a whole, to the highest responsible bidder, or they may re- ject any or all bids, and readvertise for proposals for the same. Sec. 103. The rental accruing upon said lease may vary from year to year, as shall be specified in said lease, and shall be payable semi-annually, on the thirtieth day of December and thirtieth day of June of each year. All moneys collected, as in this act provided, shall be paid into the treasury, and be apportioned to such funds as may be deem- ed advisable. Sec. 104. The board shall have power, as in this act provided, to execute a lease for any period not exceeding twenty-five years. If at any time the rental shall not be paid on the days hereinbefore I rri nation Districts. 507 meutioned, the amount of such rental then due shall be doubled, and if not paid withm ninety days thereafter, the said lease shall be forfeited to said district, together with any and all works constructed, owned, used, or controlled by said lessee. Sec. 105. Upon the letting of any lease, as in this act provided, the board may require the lessee to execute a bond for the faithful performance of the covenants of said lease, or give such other evi- dence of good faith as in their judgment may be necessary. DESTRUCTION OF UNSOLD BONDS. Sec. 106. Whenever there remains in the hands of the board of directors of any irrigation district heretofore organized, or organized under the pro- visius of this act, after the completion of its ditch system, and the payment of all demands against such district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of funds for the use of such district, said board of directors may call a special election for the purpose of voting upon a propo- sition to destroy said unsold bonds, or so many of them as may be deemed best, or may submit such proposition at a general election. Sec. 107. Such election shall be held in the same manner as other elections held under the provi- sions of this act. A notice of such election shall be given in the same manner as provided in sec- tion thirty of this act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded in- debtedness of such district authorized by the vote of the district, the amount of the bonds remaining unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to be held, and the polling places as fixed by the board of directors. The ballots to be cast at such election shall contain the words "For destroying bonds— Yes," and "For destroying bonds— No," and the voter must erase the word "No" in case he favors the destruction of bonds, otherwise the word "Yes." -^iec. 108. When the vote is canvassed by the board of directors and entered of record, if a two- 50S Irrigation Districts. thirds majority of ttie votes oast should be found to be in favor of the destruction of said bonds, then the president of the board, in the presence of a majority of the members of the board, must de- stroy the bonds so voted to be destroyed; and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall thereafter be reprinted or reissued. SAVING CLAUSES. Sec. 109. Nothing in this act shall be so con- strued as to affect the validty of any district here- tofore organized under the laws of this state, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act so far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for, or upon which it was or might be- come liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have been issued but not sold; nor shall it affect any action which now may be pending. Sec. 110. Nothing in this act shall be construed as repealing or in anywise modifying the provi- sions of any otlier act relating to the subject of irrigation or water commissioners, except such as may be contained in the act, an act entitled an act to provide for the organization and government of irrigation districts, and to provide for the ac- quisition of water and other property, and for the distribution of water thereby for irrigation pur- poses, approved March seventh, eighteen hundred and eighty-seven, and the subsequent acts supple- mentary thereto, and amendatory thereol, all of which acts so far as they may be inconsistent herewith, are hereby repealed. Sec. 111. This act sliall take effect from and af- ter its passage and approval. An act to provide for the organization and govern- ment of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes. [Approved March 7, 1SS7; Stats. 1887, p. 29.] IiTigation Districts. 509 Organization of Irrigation districts— Powers con- ferred. Section 1, Whenever fifty, or a majority of the holders of title, or evidence of title, to lands sus- ceptible of one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation dis- trict, under the provisions of this act, and when so organized such district shall have the powers conferred or that may hereafter be conferred by law upon such irrigation districts. The equalized county assessment roll next preceding the presen- tation of a petition for the organization of an irri- gation district, under the provisions of this act, shall be sufficient evidence of title for the purposes of this act. [Amendment approved March 20, 1891; Stats. 1891, 142.] Petition board of supervisors. Sec. 2. A petition shall first be presented to the board of supervisors of the county in which the land, or the greatest portion thereof, is situated, signed by the required number of holders of title, or evidence of title, of such proposed district evi- denced as above provided, which petition shall set forth and particuarly describe the proposed boun- daries of such district, and shall pray that the same may be organized under the provisions of this act. The petitioners must accompany the pe- tition with a good and sufficient bond, to be ap- proved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all tlie said costs in case said organizations shall not be effected. Such petition shall be presented at a regular meeting of the said board, and shall be published for at least two weel^s before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, together with a notice stating the time of the meeting at which the same will be presented; and if any portion of such proposed district lie within another county or counties, then said petition and notice shall be published in a newspaper published in each of pjfljd counties. When such petition is presented, the 'said board of supervisors shall hear the same and may adjourn such hearing from time to time, 510 Irrigatiou Districts. not exceeding four weeks in all; and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; pro- vided, that said board shall not modify said boun- daries so as to except from the operation of this act any territory within the boundaries of the dis- trict proposed by said petitioners which is suscep- tible of irrigation by the same system of works applicable to the other lands in such proposed dis- trict; nor shall any lands which will not, in the judgment of the said board, be benefited by irri- gation by said system be included within such district, provided, that any person whose lands are susceptible of irrigation from the same source may, in the discretion of the board, upon applica- tion of the oAvner to said board, have such lands included in said district. Said board shall also make an order dividing said district into five di- visions, as nearly equal in size as may be practi- cable, which shall be numbered first, second, third, fourth, and fifth, and one an-ector, who shall be a freeholder in the division, and an elector and resi- dent of the district, shall be elected by each divi- sion; provided, that if a majority of the holders of title or evidence of title, evidenced as above pro- vided, petition for the formation of a district, the board of supervisors may, if so requested in the petition, order that there may be either three or five directors, as said board may order, for such district, and that they may be elected by the dis- trict at large. Said board of supervisors shall then give notice of an election to be held in such pro- posed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall de- scribe the boundaries so established, and shall des- ignate a name for such proposed district, and said notice shall be published for at least three weeks prior to such election in a newspaper published within said county; and if any portion of such proposed district lie within another county or coun- ties, then said notice shall be published in a news- paper published within each of said counties. Such notice shall require the electors to cast bal- lots, which shall contain the words * irrigation District— Yes," or "Irrigation District— No," or IiTJgation Districts. 511 words equivalent thereto, and also the names of persons to be voted for to fill the various elective othces hereinafter prescribed. No person shall be entitled to vote at any election held under the pro- visions of this act unless he shall possess all the qualifications required of electors under the gen- eral election laws of this state. [Amendment ap- proved March 20, 1891; Stats. 1891, 142.] Canvass of vote. Sec. 3. Such election shall be conducted as near- ly as practicable in accordance with the general laws of this state; provided, that no particular form of ballot shall be required. The said board of supervisors shall meet on the second Monday next succeeding- such election, and proceed to can- vass the votes cast thereat, and if upon such can- vass it appear that at least two-thirds of all the votes cast are "Irrigation District— Yes," the said board shall, by an order entered on its minutes, declare such territory duly organized as an irriga- tion district, under the name and style theretofore designated, and shall declare the persons receiv- ing, respectively, the highest number of votes for such several offices to be duly elected to such offices. And no action shall be commenced or maintained, or defense made, affecting the validity of the organization, unless the same shall have been commenced or made within two years after the making and entering of said order. Said board shall cause a copy of such order, duly certi- fied, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands are situated, and must also immediately forward a copy thereof to the clerk of the board of supervisors of each of the counties in which any portion of the district may lie; and no board of supervisors of any county in- cluding any portion of such district shall, after the date of the organization of such district, allow an- other district to be formed including any of the lands in such district, without the consent of the board of directors thereof; and from and after the date of such filing, the organization of such dis- trict shall be complete, and the officers thereof slig^l be entitled to enter immediately upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, 512 Irrigation Districts. respectively, until tlieir successors are elected and qualified. For the purposes of the election above provided for, the said board of supervisors must establish a convenient number of election pre- cincts in said proposed district, and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district. In any district the board of di- rectors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title or evidence of title of said district, evidenced as above provided, order that on and after the next ensuing general election for the district there shall be either three or five directors, as said board may order, and that they shall be elected by the district at large, or by divisions, as so peti- tioned and ordered; and after such order such di- rectors shall be so elected. [Amendment approv- ed March 20, 1891; Stats. 1891, 142.] Time for election, and officers to be elected. Sec. 4. An election shall be held in each district on the first Wednesday in February, eighteen hun- dred and ninety-three, and on the first Wednesday in February in each second year thereafter, at which an assessor, a collector, and a treasurer, and a board of directors for the district shall be elected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto, and shall hold office from the first Tuesday in March next after for two years, and until his successor is elected and qualified. Within ten days after receiving their certificates of election, hereinafter provided for, said officers shall talie and subscribe the official oath and file the same in the office of the board of directors and execute the bond hereinafter provided for. The assessor sliall execute an official bond in the^ sura of five thousand dollars, and the collector an] official bond in the sum of twenty thousand dol- lars, and the district treasurer an official bond in) the sum of fifty thousand dollars, each of saidi bonds to be approved by the board of directors;- and each member of said board of directors shall j execute an official bond in the sum of five thou- sand dollars, which said bonds shall be approved: by the judge of the superior court of said county] where such organization was effected, and shall] be recorded in the office of the county recorder Irrigation Districts. 513 thereof, and filed with the secretary of said board. All oftieial bonds herein provided for shall be in the form prescribed by law for the oflgicial bonds of county oflicers. [Amendment approved March 20, 1891; Stats. 1891, 142.] Posting of election notices. Sec. 5. Fifteen days before any election held under this act, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and l^ept at some fixed place to be determined by said board, speci- fying the polling-places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors there- ofs one inspector and two judges, who shall con- stitute a board of election for such precinct. If the board fail to appoint a board of election, or the members appointed do not attend at the open- ing of the polls on tlie morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, desig- nate the house or place within the precinct where the election must be held. Chairman of election board— Duties of. Sec. 6. The inspector is chairman of the elec- tion board, and may,— First— Administer all oaths required in the prog- ress of an election. Second— Appoint judges and clerics, if, during the progress of the election, any judge or clerli cease to act. Any member of the board of elec- tion, or any cleric thereof, may administer and cer- tify oaths required to be administered during the progress of an election. The board of election for each precinct must, before opening the polls, ap- point two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon the^n by law. Any elector of the precinct may ad- 514 Irrigatiou Districts. minister and certify such oath. The polls must be opened one hour after sunrise on the morniug^ of the election, and be kept open until sunset, when the same must be closed. The provisions of the Political Code concerning the form of ballots to be used shall not apply to elections held under this act. Time of voting. Sec. 7. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be con- ducted as nearly as practicable in accordance with the provisions of chapter nine of title two of part three of the Political Code of this state. As soon as the polls are closed, the judges shall open the ballot-box and commence counting the votes; and in no case shall the ballot-box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein, and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted. Manner of certifying to returns. Sec. 8. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the of- fice to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge, and the inspector. One of said cer- tificates, with the poll list and the tally paper to which it is attaclied, shall be retained by the in- spector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector during the counting thereof, in the order in which they are entered upon the tally Irrigation Districts. 515 list by the clerks; and said ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election Returns of (naming the precinct) Precinct," and be directed to the sec- retary of the board of directors, and shall be im- mediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted. Canvassing returns. Sec. 9. No list, tally paper, or certificate return- ed from any election shall be set aside or rejected for want of form, if it can be satisfactorily under- stood. The board of directors must meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the board of directors must then and there 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 the returns have been received, or until six postpone- ments have been had. The canvass must be made in public and by opening the returns and estimat- ing the vote of the district, for each person voted for, and declaring the result thereof. Statement of result. Sec. 10. The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such re- sult, which statement must show, — First— The whole number of votes cast in the district, and in each division of the district. Second— The names of the persons voted for. Third— The ofiice to fill which each person was voted for. ile«rth — The number of votes given in each pre- cincf to each of such persons. 516 Irrigation Districts. Fifth— The number of votes in each division for the office of director, and the number of votes giv- en in the district for the offices of assessor, col- lector, and treasurer. Election, how entered. The board of directors must declare elected the persons having the highest number of votes given for each office. The secretary must immediately make out and deliver to such person a certificate of election, signed by him, and authenticated with tlie seal of tlie board. In case of a vacancy in the office of assessor, collector, or treasurer, the vacancy shall be filled by appointment of the board of directors. In case of a vacancy in the office of director, the vacancy shall be filled by appointment by the board of supervisors of the county where the office of such board of directors is situated from the division in which the vacancy occurred. An officer appointed as above provided shall hold his office until the next regular election for said district, and until his successor is elected and qualified. [Amendment approved February 16, 1889; >Stats. 1889, 15.] Organization of Board. See. 11. On the first Tuesday in March next fol- lowing their election, the board of directors shall meet and organize as a board, elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. Q'he board shall have the power, and it sliall be their duty, to mana.^e and conduct the business and affairs of the district; make and exe- cute all necessary contracts; employ and appoint such agents, officers, and employees as may be re- quired, and prescribe their duties; establish equi- table by-laws, rules, and regulations for the dis- tribution and use of water among the owners of said lands, and generally to perform all such acts as shall be necessary to fully carry out the pur- poses of this act. The said by-laws, rules, and regulations must be printed in convenient form for distribution in the district. And it is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each landowner upon the basis of the ratio which the last assessment of such owner for district pur- Irrigation Districts. 517 poses witliin said district bears to tlie whole sum assessed upon the district; provided, that any landowner may assign the right to the whole or any portion of the waters so apportioned to him. [Amendment approved March 20, 1891; Stats. 1891. 142.] Meeting of directors. Sec. 12. The board of directors shall hold a reg- ular monthly meeting in their ofRce, on the first Tuesday in every month, and such special meet- ings as may be required for the proper transac- tion of business; provided, that all special meetings must be ordered by a majority of the board. The order must be entered of record, and live days' notice thereof must, by the secretary, be given to each member not joining in the order. The order m.ust specify the business to be transacted, and none other than that specified must be transacted at such special meeting. All meetings of the board must be public, and three members shall consti- tute a quorum for the transaction of business; but on all questions requiring a vote there shall be a concurrence of at least three members of said board. All records of the board shall be open to the inspection of any elector during business hours. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works and the line for any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by pur- chase or condemnation or other legal means, all lands, and waters and water rights, and other property necessary for the construction, use, sup- ])ly. maintenance, repair, and improvements of said canal or canals and works, including canals r.nd works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, and all necessary appurte- nances. In case of purchase, the bonds of the dis- trict hereinafter provided for may be used at their par value in payment; and in case of condemna- tion the board shall proceed, in the name of the district, under the provisions of title seven, of part three, of the code of civil procedure. Said board ^^en. Laws — 44. 518 Irrigation Districts. may also construct the necessary dams, reservoirs, and works for tlie collection of water for said dis- trict, and do any and every lawful act necessary to be done that sufficient water may be furnished to each landowner in said district for irrigation pur- poses. The use of all water required for the ir- rigation of the lands of any district formed under the provisions of this act, together with the rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the provisions of this act, is hereby declared to be a public use, subject to the regulation and control of the state, in the manner prescribed by law. [Amend merit approved March 20, 1891; Stats. 1891, 142.] Title to property acquired under provisions of act. Sec. 13. The legal title to all property acquired under the provisions of this act shall immediately and by operation of law vest in such irrigation disti-ict, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this act. And said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. Powers of board in suits at law or in equity. Sec. 14. The said board is hereby authorized and empowered to talie conveyances or other as- surances for all property acquired by it under the provisions of this act, in the name of such irriga- tion district, to and for the uses and purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out tlie provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the said board may sue, appear, and defend, in person or by attorneys, and in the name of such irrigation district. Special election for issuance of bonds. Sec. 15. For the purpose of constructing neces- sary irrigating canals and works, and acquiring the necessary property and rights therefor, and otherwise carrying out tlie provisions of this act, Irrigation Districts. 511> the board of directors of any such district must, as soon after such district has been organized as may be practicable, and whenever thereafter the construction fund has been exhausted by expendi- tures herein authorized therefrom, and the board deem it necessary or expedient to raise additional money for said purposes, estimate and determine the amount of money necessary to be raised, and shall immediately thereafter call a special election, at which shall be submitted to the electors of such district, possessing the qualifications prescribed by this act, the question whether or not the bonds of said district in the amount as determined shall be issued. Notice of such election must be given, by posting notices in three public places in each elec- tion precinct in said district, for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such dis- trict is required to be kept, once a week for at least three successive weelvs. Such notices must specify the time of holding the election, the amount of bonds proposed to be issued, and said election must be held and the result thereof de- termined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in conducting such an elec- tion shall invalidate the same, if the election shall have been otherwise fairly conducted. At such electi?)n the ballots shall contain the words "Bonds —Yes," or "Bonds— No," or words equivalent thereto. If a majority of the votes cast are "Bonds— Yes," the board of directors shall cause bonds in said amount to be issued; if a majority of the votes cast at any bond election are "Bonds —No," the result of such election shall be so de- clared and entered of record, and whenever tliere- after said board in its judgment deems it for the best interests of the district that the question of issuance of bonds in said amount, or any amount, shall be submitted to said electors, it shall so de- clare of record in its minutes, and may thereupon submit such questions to said electors in the same manner and with like effect as at such previous election. Said bonds shall be payable in gold coin o£»^e United States, in ten series, as follows, to 520 Irrigation Districts. wit: At the expiration of eleven years, five per cent of the whole number of said bonds; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; and shall bear interest at the rate of six per cent per annum, payable semi-annually, on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred dol- lars nor more than five hundred dollars; shall be negotiable in form, signed by the president and secretary, and the seal of the board of directors shall be affixed thereto. Each issue shall be num- bered consecutively as issued, and the bonds of each issue shall be numbered consecutively, and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the secretary. Said bonds shall express on their face that they were issued by authority of this act, slating its title and date of approval, and shall also so state the number of the issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. In case the money raised by sale of all bonds issued be insufficient for the completion of the plan of canal and works adopted, and addi- tional bonds be not voted, it shall be the duty of the board of directors to provide for the comple- tion of said plan by levy of assessments therefor. It shall be lawful for any district, which has here- tofore issued bonds under the law then in force, to issue in place thereof an equal amount of bonds in accordance with this amendment, and to sell the same, or any part thereof, as hereinafter pro- vided, or exchange the same, or any part thereof, with the holders of such previously issued bonds which may be outstanding, upon such terms as may be agreed upon between the board of direct- IiTigation Districts. 521 ors of the district and the holders of such out- standing bonds; provided, that said board shall not exchange any such bonds for less amount in par value of the bonds received. All of such old issue, in place of which new bonds are issued, shall be destroyed whenever lawfully in posses- sion of said board. [Amendment approved March 20, 1891; Stats. 1891, 147.] Board to sell bonds. Sec. 16. The board may sell said bonds from time to time, in such quantities as may be neces- sary and most advantageous, to raise money for the construction of said canals and works, the ac- quisition of said property and rights, and other- wise to fully carry out the objects and purposes of this act. Before making any sale, the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given, by publication thereof at least twenty days, in a daily newspaper published in each of the cities of San Francisco, Sacramento, and Los Angeles, and in any other newspaper, at their discretion. The notice shall state that sealed proposals will be received by the board, at their office, for the purchase of the bonds, till the day and hour named in the resolu- tion. At the time appointed, the board shall open the proposals, and award the purchase of the bonds to the highest responsible bidder, and may reject all bids; but said board shall in no event sell any of the said bonds for less than ninety per cent of the face value thereof. How paid. Sec. 17. Said bonds and the interest thereon shall be paid by revenue derived from an annual assessment upon the real property of the district; and all the real property in the district shall be and remain liable to be assessed for such pay- ments as hereinafter provided. And as additional security for the payment of all said bonds, and interest thereon, the board of directors shall have power to pledge, by mortgage, trust deed, or other- wise, all property of the district situate within or without the district, whether real, personal, or 522 Irrigation Disti-icts. mixed, of whatsoever kind, including all its rights and privileges held or possessed at the time of the isiiue of said bonds, or which may hereafter be ac- quired under the provisions of this act. [Amend- ment approved March 11, 1893; Stats. 1893, 175.] Assessment of real property. Sec. 18. The assessor must, between the first Monday in March and the first Monday in June, in each year, assess all real property in the district to the persons who own, claim, have the posses- sion or control thereof, at its full cash value. He must prepare an assessment-booli, with appropri- ate headings, in which must be listed all such property within the district, in which must be specified, in separate columns, under the appro- priate head,— First. The name of the person to whom the property is assessed. If the name is not known to the assessor, the property shall be assessed to "unknown owners." Second. Land by township, range, section, or fractional section, and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufficient to iden- tify it, giving an estimate of the number of acres, locality, and the improvements thereon. Third. City and town lots, naming the city or town, and the number and block, according to the system of numbering in such city or town, and the improvements thereon. Fourth. The cash value of real estate, other than city or town lots. Fifth. The cash value of improvements on such real estate. Sixth. The cash value of city and town lots. Seventh. The cash value of improvements on city and town lots. Eighth. The cash value of improvements on real estate assessed to persons other than the own- ers of the real estate. Ninth. The total value of all property assessed. Tenth. The total value of all property after equalization by the board of directors. Eleventh. Such other things as the board of di- rectors may require. Any property which may have escaped the pay- ment of any assessment for any year shall, in ad- IiTigatiou Districts. 523 dition to the assessment for the then current year, be assessed for such year, with the same effect and with the same penalties as are provided for such current year. LAmendment approved March 31, 1891; Stats. 1891, 244.] Appointment of deputy assessors, and compen- sation. Sec. 19. The board of directors must allow the assessor as many deputies, to be appointed by him, as will, in the judgment of tue board, enable him to complete the assessment wichin the time here- in prescribed. The board must fix the compensa- tion of such deputies, which shall be paid out of the treasury of the district. The compensation must not exceed five dollars per day for each dep- uty, for the time actually engaged, nor must any allowance be made but for work done between the first Monday in March and the first Monday in August in each year. Time to complete assessment. Sec. 20. On or before the first Monday in Aug- ust in each year the assessor must complete his assessment-book, and deliver it to the secretary of the board, who must immediately give notice thereof, and of the time the board of directors, acting as a board of equalization, will meet to equalize assessments, by publication in a news- paper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice; and in the mean time the assessment-book must remain in the oflice of the secretary for the inspection of all persons interested. Sitting as board of equalization. Sec. 21. Upon the day specified in the notice re- quired by the preceding section for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day, as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such ol).jections to the valuation and assessment as may come before them; and the board may change the valuation as may be just. The secretary of the 44<^«rd shall be present during its sessions, and 524 Irrigation Districts. note all changes made in the valuation of prop- erty, and in the names of the persons whose property is assessed; and within ten days after the close of the session, he shall have the total values, as finally equalized by the board, extended into columns, and added. Levying of assessment to pay interest on bonds. Sec. 22. The board of directors shall then levy an assessment sufficient to raise the annual inter- est on the oustanding bonds, and at the expiration of ten years after the issuing of bonds ot any issue must increase said assessment to an amount suffi- cient to raise a sum sufficient to pay the principal of the outstanding bonds as they mature. The sec- retary of the board must compute and enter in a separate column of the assessment-book the re- spective sums, in dollars and cents, to be paid as an assessment on the property therein enumer- ated. When collected, the assessment shall be paid into the district treasury, and shall consti- tute a special fund, to be called the "Bond Fund of Irrigation District." In case of the neglect or refusal of the board of directors to cause such assessment and levy to be made as in this act provided, then the assessment of property made by the county assessor and the state board of equalization shall be adopted, and shall be the basis of assessments for the district, and the board of supervisors of the county in which the offi'ce of the board of directors is situ- ated shall cause an assessment-roll for said dis- trict to be prepared, and shall mal5:e the levy re- quired by this, act, in the same manner and with like effect as if the same had been made by said board of directors, and all expenses incident there- to shall be borne by such district. In case of the neglect or refusal of the collector or treasurer of the district to perform the duties imposed by law, then the tax collector and treasurer of the county in which the office of the board of directors is sit- uated must, respectively, perform such duties, and shall be accountable therefor upon their official bonds as in other cases. [Amendment approved March 20, 1891; Stats. 1891, 147. This section was also amended in 1889; Stats. 1889, 15.] Irrigation Districts. 525 Lien against. Sec. 23. The assessment upon real property is a lien against the property assessed from and af- ter the first Monday in March for any year, and the lien for the bonds of any issue shall be a pre- ferred lien to that for any subsequent issue, and such lien is not removed until the assessments are paid, or the property sold for the payment thereof. [Amendment approved March 20, 1891; Stats. 1891, 147.1 Collection of assessments — How made. Sec. 24. On or before the first day of November, the secretary must deliver the assessment-booli to the collector of the district, who shall, within twenty days, publish a notice in a newspaper pub- lished in each county in which any portion of the district may lie, that said assessments are due and payable, and will become delinquent at six o'clock, r. M., on the last Monday of December next thereafter, and that, unless paid prior there- to, five per cent will be added to the amount there- of, and also the time and place at which payment of assessments may be made, which notice shall be published for the period of two weeks. The collector must attend i.t the time and place speci- fied in the notice to receive assessments, which must be paid in gold and silver coin; he must mark the date of payment of any assessment in the as- sessment-book, opposite the name of the person paying, and give a receipt to such person, specify- ing the amount of the assessment and the amount paid, with a description of the property assessed. On the last Monday in December, at six o'clock, P. M., of each year, all unpaid assessments are de- linquent, and thereafter the collector must collect thereon, for the use of the district, an addition of five per cent. [Amendment approved March 31, 1891; Stats. 1891, 244. J Publication of delinquent list. Sec. 25. Ou or before the first day of February, the collector must publish the delinquent list, which must contain the names of the persons and a description of the property delinquent, and the amount of the assessments and costs due opposite each name and description. He must append to tnsd publish with the delinquent list a notice, that 526 Irrigation Districts. unless the assessments delinquent, together with costs and percentages, are paid, the real property upon which such assessments are a lien will be sold at public auction. The publication must be made once a week for three successive weeks, in a newspaper published in the county in which the property delinquent is situated; provided, that if any property assessed to the same person or cor- poration shall lie in more than one county, then such publication may be made in any county in which any portion of such property may lie. The publication must designate the time and place of sale. The time of sale must not be less than twenty-one nor more than twenty-eight days from the first publication, and the place must be at some point designated by the collector, within the district. [Amendment approved March 31, 1891; Stats. 1891, 244.] Collection of penalties on delinquent assessments. Sec. 26. The collector must collect, in addition to the assessments due on the delinquent list and live ]ier cent added, fifty cents on each lot, piece, or tract of land separately assessed, one-half of whicli must go to the district and the other to the collector for preparing the list. On the day fixed for the sale, or some subsequent day to which he may have postponed it, of which he must give notice, the collector, between the hours of ten o'clock, A. M., and three o'clock, P. M., must commence the sale of the property adver- tised, commencing at the head of the list and con- tinuing alphabetically, or in the numerical order of the lots or block, until completed. He may postpone the day of commencing the sales, or the sale, from day to day, but the sale must be com- pleted within three weeks from the day first fixed; provided, that if any sale or sales shall be stayed by injunction, tlie time of the continuance of the injunction is not part of the time limited for making such sale or sales, [Amendment ap- proved March 31, 1891; Stats. 1891, 244.] Right of owner to designate property to be sold. Sec. 27. The owner or person in possession of any real estate offered for sale for assessments due thereon may designate in writing to the col- lector, prior to the sale, what portion of the prop- erty he wishes sold, if less than the whole: but if Irrigation Districts. 527 the owner or possessor does not, then the collector may designate it, and the person who will take the least quantity of the land, or in case an undi- vided interest is assessed, then the smallest por- tion of the interest, and pay the assessments and costs due, including two dollars to the collector for the duplicate certificate of sale, is the pur- chaser. If the purchaser does not pay the assess- ments and costs before ten o'clock, A. M., the fol- lowing day, the property on the next sale day must be resold for the assessments and costs. But in case there is no purchaser in good faith for the same on the first day that the property is offered for sale, then, when the property is offered there- after for sale, and there is no purchaser in good faith for the same, the whole amount of the prop- erty assessed shall be struck off to the irrigation district within which such lands are situated as the purchaser, and the duplicate certificate deliv- ered to the treasurer of the district, and filed by him in his office. No charge shall be made for the duplicate certificate where the district is the purchaser, and, in such case, the collector shall make an entry, "Sold to the district," and he shall be credited with the amount thereof in his settle- ment. An irrigation district, as a purchaser at such sale, shall oe entitled to the same rights as a private purchaser, and the title so acquired by the district, subject to the right of redemption herein provided, may be conveyed by deed, executed and acknowledged by the president and secretary of said board; provided, ihat authority to so convey must be conferred by resolution of the board, en- tered on its minutes, fixing the price at which such sale may be made, and such conveyance shall not be made for a less sum than the reasonable mar- ket value of such property. After receiving the amount of assessments and costs, the collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the names of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed. The certifi- cate must be signed by the collector, and one copy "fl^ivered to the purchaser, and the other filed in 528 Irrigation Districts. the office of the county recorder of the county in which the land is situated. [Amendment approved February 16, 1889; Stats. 1889, p. 15.] Collector's certificate. Sec. 28. The collector, before delivering any cer- tificate, must in a book enter a description of the land sold, corresponding with the description in the certificate, the date of the sale, purchasers' names, and amount paid, regularly number the de- scription on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection, without fee, during ofilce hours, when not in actual use. Ou filing the certificate with such county recorder, the lien of the assessments vests in the purchaser, and is only divested by the payment to him, or to the collector for his use, of the purchase money and two per cent per month from the day of sale until redemption. Time and manner in which property may be re- deemed. Sec. 29. A redemption of the property sold may be made by the owner, or any party in interest, within twelve months irom the date of purchase; provided, that all lands heretofore sola at delin- quent tax sale under any of the provisions of this act or the acts supplementary thereto or amend- atory thereof, where deeds have not been made and delivered, may be redeemed at any time with- in six months from the passage hereof. Redemp- tion must be made in gold or silver coin, as pro- vided for the collection of state and county taxes, and when made to the collector he must credit the amount paid to the person named in the certificate, and pay it, on demand, to tiie person or his assign- ees. In each report the collector makes to the board of directors, he must name the person enti- tled to redemption money, and the amount due each. Ou receiving the certificate of sale, the county recorder must file it and make an entry in a book similar to that required of the collector. On the presentation of the receipt of the person named in the certificate, or of the collector, for his use, of the total amount of the redemption money, and the recorder must mark the word "Redeem- Irrigation Disti'icts. 529 ed," tlie date, and by whom redeemed, on the cer- tificate and on the margin of the booli where the entry of the certificate is made. If the property is* not redeemed within the time herein provided, the collector, or his successor in office, must make to the purchaser, or his assignee, a deed of the prop- erty, reciting in the deed substantially the mat- ters contained in the certificate, and that no per- son redeemed the property during the time allow- ed by law for its redemption. The collector shall receive from the purchaser, for the use of the dis- trict, two dollars for making such deed. [Amend- ment approved January 27, 1897; Stats. 1897, ch. 2.] Deed, effect of. Sec. 30. The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evi- dence that,— First— The property was assessed as required by law. Second— The property was equalized as required by law. Third— That the assessments were levied in ac- cordance with law. Fourth— The assessments were not paid. Fifth— At a proper time and place the property was sold as prescribeu by law, and by the proper officer. Sixth— The property was not redeemed. Seventh— The person who executed the deed was the proper officer. Such deed duly acknowledged or proved is (ex- cept as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein free of all encumbrances, except when the laud is owned by the L'nited States or this state, in which case it is prima facie evidence of the right of possessijon. Certificate of collector prima facie evidence. Sec. 31. The assessment book or delinquent list, or<.Arpopy thereof, certified by the collector, show- Gen. Laws~45. 530 Irrigation Districts. ing unpaid assessments against any person or property, is prima facie evidence of the assess- ment, the property assessed, the delinquency, the amount of assessments due and unpaid, and that all the forms of the law in relation to the assess- ment and levy of such assessments have been complied with. Validity of sale. Sec. 32. When land is sold for assessments correctly imposed, as the property of a particular person, no misnomer of the owner or supposed owner, or other mistake relating to the ownership thereof, affects the sale or renders it void or void- able. Time and manner of settlement. Sec. 33. On the first Monday in each month the collector must settle with the secretary of the board for all moneys collected for assessments, and pay the same over to the treasurer; and with- in six days thereafter he must deliver to and file in the office of the secretary a statement under oath, showing,— First— An account of all his transactions and re- ceipts since his 'ast settlement. Second— That all money collected by him as col- lector has been paid. The collector shall also file in the offi'ce of the secretary on said first Monday in each month, the receipt of the treasurer for the money so paid. Payment of coupons. Sec, 34. Upon the presentation of the coupons due to the treasurer, he shall pay the same from said bond fund. Whenever, after ten years from the issuance of said bonds, said fund shall amount to the sum of tea thousand dollars, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered fcfr liquidation, after advertis- ing for at least four weeks in some daily newspa- per in each of the cities hereinbefore named, and in any other newspaper which said board may deem advisable, for sealed proposals for the re- demption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said Irrigation Districts, 531 bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed as herein provided for, said money shall be invested by the treasurer, under the direction of the board, in United States gold bearing bonds, or the bonds of the state, which shall be kept in said bond fund, and may be used to redeem said district bonds whenever the holders thereof may desire. Bids for construction of canals. Sec. 35. After adopting a plan of said canal or canals, storage reservoirs, and worlds, the board of directors shall give notice, by publication there- of, not less than twenty days in one newspaper published in each of the counties composing the district (provided, a newspaper is published there- in), and in such other newspapers as they may deem advisable, calling for bids for the construc- tion of such worlv or of any portion thereof: if less than the whole work is advertised, then the portion so advertised must be particularly de- scribed in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stat- ing the time and place for opening said proposals, which, at the time and place appointed, shall be opened in public; and as soon as convenient there- after the board shall let said work, either in por- tions or as a whole, to the lowest responsible bid- der; or they may reject any or all bids and read- vertise for proposals, or may proceed to construct the work under their own superintendence. Con- tracts for the purchase of material shall be award- ed to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for twenty-five per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The Tssprk .shall be done under the direction and to the satisfaction of the engineer, and be approved by 532 IiTigatiou Distrietis^. the board. [Amendment approved March 20, 1891: Stats. 1891, p. 142.] Payment of claims. Sec. 36. No claim shall be paid by the treasurer until allowed by the board, and only upon a war- rant signed by the president, and countersigned by the secretary; provided, that the board may draw from time to time from the construction fund and deposit in the county treasury of the county where the office of the board is situated any sum in excess of the sum of twenty-five thousand dol- lars. The county treasurer of said county is here- by authorized and required to receive and receipt for the same, and place the same to the credit of said district, and he shall be responsible upon his official bond for the safe-keeping and disburse- ment of the same as in this act provided. He shall pay out the same, or any portion thereof, to the treasurer of the district only, and only upon the order of the board, signed by the president and attested by the secretary. The said county treas- urer shall report in writing, on the second Mon- day in each month, the amount of money in the county treasury, the amount of receipts for the mouth preceding, and the amount or amounts paid out; said report shall be verified and filed with the secretary of the board. The district treasurer shall also report to the board, in writing, on the first Monday in each month, the amount of money in the district treasury, the amount of receipts for the month preceding, and the amount and items of expenditures, and said report shall be verified and filed with the secretary of the board. Payments from construction fund. Sec. 37. The cost and expense of purchasing and acquiring property, and constructing the works and improvements herein provided for, shall be wholly paid out of the construction fund. For the purpose of defraying the expenses of the or- ganization of the district, and of the care, opera- tion, management, repair, and improvement of such portions of said canal and works as are com- pleted and in use, including salaries of officers and employes, the board may either fix rates of tolls and charges, and collect the same from all persons using said canal for irrigation and other purposes, or they may provide for the payment of said ex- Irrigation Districts. 533 penditures by a levy of assessments therefor, or by both said tolls and assessments; if by the lat- ter method, such levy shall be made on the com- pletion and equalization of the assessment roll, and the board shall have the same powers and functions for the purposes of said levy as are now possessed by boards of supervisors in this state. The procedure for the collection of assessments by such levy shall, in all respects, conform to the pro- visions of this act relating to the payment of prin- cipal and interest of bonds herein provided for. Powers of board. Sec. 38. The board of directors shall have the power to construct the said worlds across any stream of water, watercourse, street, avenue, high- way, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same, when so crossed or intersected, to its for- mer state as near as may be, or in a sufficient man- ner not to have impaired unnecessarily its useful- ness; and every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming said intersec- tions and crossings, and grant the privi- leges aforesaid; and if such railroad com- pany and said board, or the owners and con- trollers of the said property, thing, or fran- chise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as is herein provided in respect to the taking of land. The right of way is hereby given, dedicated, and set apart, to locate, construct, and maintain said works over and through any of the lands which are now or may be the property of this state; and also there is given, dedicated, and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to this state within the district. Mileage and per diem of directors. Sec. 39. The board of directors shall each re- Oftiy^e four dollars per day, and mileage at the rate of twenty cents per mile, in attendinsr meetings, and npfnnl f^nf] nPT'PSfinr-r PvnpnsPH nnirJ wrhilp pn- 534 Irrigation Districts, gaged in official business under the order of the board. The board shall fix the compensation to be paid to the other officers named in the act, to be paid out of the treasury of the district; provided, that said board shall, upon the petition of at least fifty, or a majority of the freeholders within such district therefor, submit to the electors at any gen- eral election a schedule of salaries and fees to be paid hereunder, feuch petition must be presented to the board twenty days prior to a general elec- tion, and the result of such election shall be deter- mined and declared in all respects as other elec- tions are determined and declared under this act. Prohibiting officers from any interest in contracts. Sec. 40. No director or any other officer named in this act shall in any manner be interested, di- rectly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprison- ment. Special election. Sec. 41. The board of directors may, at any time, when in their judgment it may be advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the pur- pose of raising money to be applied to any of the purposes provided in this act. Such election must be called upon the notice prescribed, and the same shall be held, and the result thereon determined and declared in all respects in conformity with the provisions of section fifteen of this act. The no- tice must specify the amount of money proposed to be raised, and the purpose for which it is in- tended to be used. At such elections the ballots shall contain the words, "Assessment— Yes," or '•Assessment— No.'' If two-thirds or more of the votes cast are "Assessment— Yes," the board shall, at the time of the annual levy hereunder, levy an assessment sufficient to raise the amount voted. The rate of assessment shall be ascertained by Irrigation Districts. 535 deducting fifteen per cent for anticipated delin- quencies from tlie aggregate assessed value of the property in tlie district, as it appears on the as- sessment roll for the current year, and then di- viding the sum voted by the remainder of such aggregate assessed A-^alue. The assessments so levied shall be computed and entered on the as- sessment roll by the secretary of the board, and collected at the same time and in the same man- ner as other assessments provided for herein; and when collected shall be paid into the district treas- ury for the purposes specified in the notice of such special election. Power to incur debt. Sec. 42. The board of directors, or other oflS- cers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess" of the express pro- visions of this act, and any debt or liability incur- red in excess of sucli express provisions shall be and remain absolutely void, except that for the purposes of organization, or for any of the pur- poses of this act, the board of directors may, be- fore the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause war- rants of the district to issue therefor, bearing in- terest at seven per cent per annum. [Amendment approved March 20, 1891; Stats. 1891, p. 142.] Apportionment of water. Sec. 43. In case the volume of water in any stream or river shall not be suflicient to supply the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners, constituted as hereinafter pro- vided, to apportion, in a just and equitable propor- tion, a certain amount of said water upon certain or alternate weel^ly days to different localities, as they may, in tlieir judgment tliinlv best for the in- terest of all parties concerned, and with due re- gard to the legal and equitable rights of all. Said water commissioners shall consist of the chair- man of the board of directors of each of the dis- tricts affected. 536 Irrigation Districts. Duty of directors. Sec. 44. It shall be the duty of the board of di- rectors to keep the water flowing through the ditches under their control to the full capacity of such ditches in times of high water. Affecting navigation and mining industry. Sec. 45. Navigation shall never in any wise be impaired by the operation of this act, nor shall any vested interest in or to any mining water rights or ditches, or in or to any water or water rights, or reservoirs or dams, now used by the owners or possessors thereof, in connection with any mining industry, or by persons purchasing or renting the use thereof, or in or to any other property now used directly or indirectly in carrying on or pro- moting the mining industry, ever be atf ected by or taken under its provisions, save and except that rights of way may be acquired over the same. Diverting waters. Sec. 46. None of the provisions of this act shall be construed as repealing or in any wise modify- ing the provisions of any other act relating to the subject of irrigation or water commissioners. Noth- ing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal, or ditch, from its chan- nel, to the detriment of any person or persons hav- ing any interest in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public uses. Sec. 47. This act shall take effect immediately. An act to promote irrigation. [Approved April 1, 1S72; Stats. 1871-2, p. 945.] Petition to supervisors. Section 1. Whenever the owners of any body of lands susceptible of one mode of irrigation or drainage desire to irrigate or drain the same, they may present to ihe l)oard of supervisors of the county in which the lands or the greater portion thereof are situated, at a regular meeting of the board, a petition setting forth that they desire to adopt measures to irrigate the same, the descrip- IiTigation Districts. 537 tion of the lands by legal subdivisions, the num- ber of acres in the whole district, and the number of acres in each tract, with the names of the own- ers thereof, and the names of three persons who may desire to serve as trustees for the first three months. Publication. Sec. 2. The petition must be verified by the af- fidavit of one of the petitioners, and must be pub- lished for four weeks 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 published in some newspaper having a general circulation in the county, and an affidavit of publication must be filed with such petition. Districts. Sec. 3. When a district is situated partly in diiferent counties, the trustees must, after the pe- tition has been granted, forward a copy thereof to the clerii of the board of supervisors of each of the counties in which any portion of the district may lie, and the board to which the same is for- warded must not allow another district to be form- ed within such district unless with the consent of the trustees thereof. Approval of petition— Trustees. Sec. 4. If the board of supervisors find upon the hearing of the petition that the statements are correct, and that no land is improperly included or excepted from the district, they must note their approval on the petition, which approval must be signed by the president and attested oy the clerk; and from and after the approval the district is duly formed, and the persons named in the peti- tion are the trustees for the first three months, and until their successors are appointed. Record. Sec. 5. The petition must then be i*ecorded by the county recorder in a book kept for the purpose. By-laws. Sec. 6. After the approval of the petition, the petitioners may make such by-laws as they deem necessary for future appointment of trustees, and ttr^eff^ct the works of irrigation or drainage, keep the same in repair and operation, and for the con- 53S Irrigation Districts. trol and management thereof, by the votes or con- sent of a majority of the owners of the lands with- in their districts. Record of by-laws. Sec. 7. The by-laws sdoptea must be signed by persons owning a majority of the land within the district, and must be recorded by the county re- corder in the same book and immediately follow- ing the petition. Powers of trustees. Sec. 8. The board thus formed have power to elect one of their number president thereof, and to employ engineers to survey, plan, locate and estimate the cost of the works necessary for the irrigation, the water rights needed, and the land needed for right of way, including drains, canals, sluices, water gates, embankments, and material for construction, and to construct, maintain, and keep in repair all works nece'jsary to the object in view. Reports. Sec. 9. The board of trustees must report to the board of supervisors of the county, or if the dis- trict is in more than oue county then to the board of supervisors of each county, in which the district is situated, the plans of the work and estimates of the costs, together wit]; estimates of the incidental expenses of superintendence, repairs, etc. Assessments for benefits. Sec. 10. The board by which the district was formed must appoint tl.-ree commissioners, disin- terested persons, resident of the county in which the district or some part thereof is situated, and must view and assess upon the lands situated within the district a charge proportionate to the whole expense and to the benefits which will re- sult from such works, which charge must be col- lected and paid into the county treasury as here- inafter provided, and must be placed by the treas- urer to the credit of the district, and paid out for the work of irrigation cr drainage upon the war- rants of the trustees, approved by the board of supervisors of the coui ty. Warrants. Sec. 11. The warrants drawn by the trustees must ,after they are approved by the board of Irrigation Districts. 539 aupervisors, be presented to the treasurer of the county, and if they are not paid on presentation, like indorsement must be made thereon, and they must be registered in I'ke manner as county war- rants. Payments where district in two counties. Sec. 12. If a district is situated partly in differ- ent counties, the charge must be paid into the treasury of the county in which the particular tract may be situated. Further assessments. Sec. 13. If the original assessment is insufficient to provide for the complete irrigation or drainage of the lands of the district, or if further assess- ments are from time to time required to provide for the protection, maintenance, and repair of the works, the trustees mubt present to the board of supervisors by which the district was formed a statement of tbe work to be done and its esti- mated cost, and the board must make an order di- recting the commissioners who made the original assessment, or other commissioners to be named in such order, to assess the amount of such estimated cost as a charge upon the lands within the district, which assessment must be made and collected in the same manner as the original assessment. List of charges assessed. Sec. 14. The commissioners appointed by the board of supervisors must make a list of the charg es assessed against each tract of land. List, what to contain. Sec. 15. The list must contain: 1. A description, by legal subdivisions or na- tural boundaries, of each tract assessed; 2. The number of acres in each tract; 3. The names of the owners of each tract, if known, and if unknown, that fact; 4. The amouut of the charge assessed against each tract. List to be filed with treasurer. Sec. 16. The list so made mUst be filed with the county treasurer of the county, or if the district is partly situated m different counties, then the orig- inal list must be filed in the county first in owter under alphabetical arrangement, and copies thereof, certified by the commissioner, must be 540 Irrigation Districts. filed with ttie treasurer of each of the other coun- ties. Charges, when constitute liens. Sec. 17. FroiQ and after the filing of the list, or certified copy thereof, the charges assessed upon any tract of laud within the county constitutes a lien thereon. Payments. Sec. 18. The lists thus prepared must remain in the otti'ce of the treasurer for thirty days, or longer if ordered by the board of trustees, and during the time they so remain any person may pay the amount of the charge against any tract to the treasurer, without cost. Action to collect charges. Sec. 19. If at the end of thirty days, or of the longer time fixed by the trustees, all of the charges have not been paid, the treasurer must return the lists to the district attorney, who must at once proceed by civil action to collect such charges. Work. Sec. 20. The work must be executea under the direction and in the manner prescribed by the board of trustees. Accounts. Sec. 21. The board must keep accurate accounts of all expenditures, which accounts, and all con- tracts tliut may be made by them, are. open to the inspection of the board of supervisors and every person interested. Property may be acquired. Sec. 21. The trustees may acquire, by purchase, all property necessary to carry out and maintain the system of irrigation or drainage provided for. Condemnation. Sec. 22. The trustees may acquire by condem- nation : 1. The right to the use of any running water not already used for culiuarj^ or domestic pur- poses, or for irrigating, milling, or mining pur- poses; 2. The right of way lor canals, drains, embank ments. and other worlv necessary, and may talce materials for the construction, maintenance, and repair thereof, f.iom landr outside of as well as M'ithin tne limifF; of the district. Irrigation Districts. 541 Practice. Sec. 23. The provisions of Title VII., Part III., of the Code of Civil Procedure, are applicable to, and the condsmnation herein provided for must be made therriunder. Irrigation or dr -linage by individual owners. Sec. 24. Wheiever any district susceptible of one mode of irrigation or drainage is entirely owned by parties who desire to irrigate or drain the same, and to manage the irrigation or drain- age without tn*: intervention of trustees or the es- tablishment of by-law:, tney may file the petition provided for in sections one and two, and must state therein that they intend to undertalie the ir- rigation or drainage on their own responsibility. Privileges of owners. Sec. 25. If t^e petition is granted, the owners of the lands have all the rights, immunities, and privileges granted to boards of trustees, and in all proceedings the names of the owners may be used insteaa of the names of trustees. Not applicable to certain counties. Sec. 26. This act shall not be so construed as applying to the counties of Fresno, Kern, Tulare, and Yolo. Sec. 27. This act, and The provisions of the title of the Code of Civil Procedure herein referrred to, so far as proceedings under this act are to be had, shall be in force from and after the passage of this act. An act suppleropntal to an act entitled "An act to provide for the organization and government of irrigation distri ts, and to provide for the acquisition of water and other property, and for the di3t"ibution of water thereby for ir- rigation purposes," approved March 7, 1887, providing for the abandonment of operations by irrigation districts and for their disorgani- zation upon the discharge of all outstanding obligations, and dividing irrigation districts into classes lor the purposes of this act. [Approved Mnrch 25, ISPS: Stats. 1893, p. 520.] Section 1. Whenever a petition is presented to tlie. board of directors of an irrigation district in Gen. Laws — iG. 542 Irrigation Districts. this state, organized UKder tlie provisions of "An act to provide for tlie orp^anization and govern- ment of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, eighteen hundred and eighty-sever commonly known as The Wright law^ signed by a majority of the as- sessment payers within said district, whose names appear upon the last preceding assessment roll of said district, acjliing for the abandonment of fur- ther operations by the district, the board of di- rectors of saia district shill call a special election, as provided in other cases for holding special elec- tions in irrigation districts at which the question of such abandonment of further operations by the district shall be submitted- provided, that no dis- trict shall take advantage of the provisions of this act if there is any exist i.g bonded indebtedness at the time of the presentation of such petition to said board. I Amendment approved March 31, 1897: Stats. 1897, ch. 178. J Sec. 2. At such election the ballots used shall have written or printed tliereon the vrords "Aban- donment of operations— Yes," or "Abandonment of operations— No " and if three-fifths of the votes cast at such election shmL be in favor of such abandonment o:' operations, then and in that event tlie board of director* shall enter upon their re- cords the fact that said ^Ip'^tion has been held, and that three-fifth- of tho electors of said district voting at said election l^ave voted at said election to abandon further operations by the district; and thereafter no fiiither moneys shall be expended or indebtedness incurred or created or property ac- quired by said district for tlie construction or com- pletion of any -ystem cf u-rigation works, and no taxes or assessinents shaP thereafter be levied or collected by or n said district for the purpose of tlie further construction or completion of said work, and no bonds oi' '?aid district shall ever thereafter be Issued or soM or otherwise disposed of: and any ia An act to annex the territory comprised in the present county of Klamath to the counties of Humboldt and Siskiyou. \ [Approved March 28, 1874; 1873-4, 755.] An act amendatory of and supplementary to the foregoing act of March twenty-eight, eighteen hundred and seventy-four, Wvlx [Approved March 31, 1876; 1875-6, 603.] ^^["^ > TITLE 145. LABOR STATISTICS. Consult the following acts: (^ An act to establish and support a bureau of labor Statistics. [Approved March 3, 1883: 1883, 27.] -*his act was amended February 8, 1889, Stats. 1889, p. 8. ^ , ft : 552 Lake County— Lake Tahoe. An act to appropriate money for the support of the bureau of labor statistics. [Approved March 5, 1885; 1885, 26.] This act appropriated one thousand six hundred and fifteen dollars. TITLE 146. LAKE COUNTY. A reference to special acts relating to Lake county is contained in Deering's Annotated Penal Code, pp. 604, 605. TITLE 147. LAKE TAHOE. Consult the following acts: An act to create the office of Lake Tahoe wagon- road commissioner, providing the term of office and compensation of such commissioner^ defining his duties, and making an appropria- tion for the salary and expenditures provided for and authorized by this act. Stat, approved April 1, 1897; Stats. 1897, chap, ccxlv.] ^An act to authorize the state of California to se- cure the title to and right of way for that cer- tain wagon-road situated in El Dorado county, commencing a short distance easterly from the village of Smith's Flat, in said county, and running thence to Lake Tahoe, and to provide for the appointment, duties, and compensation of a person, to be knoAvn as and called the "Lake Tahoe Wagon-road Commissioner," and to make an appropriation, for the purpose of carrying into effect the provisions of this act. [Approved March 26, 1895; Stats. 1895, p. 119.] Lands of State— Legal Tender. 553 TITLE 148. LANDS OF STATE. v. " V See Public Lands; Settlers; State Lands. A reference to the legislation on this subject is contained in Deering's Annotated Penal Code, p. 605, et seq. rfiTTiT J? -I A a \ ItTLE 149 LARCENY. Acts relating to: See Penal Code, Appendix, title Larceny, p. 582. TITLE 150. LASSEN COUNTY. The special acts relating to Lassen county are referred to in Deering's Annotated Penal Code, pp. 613 and 614. TITLE 151. LEGAL TENDER. An act in relation to the currency of the United States. [xVpproved, March 12, 1880; 1880, 8 (Ban. ed. 28)] Legal tender notes to be received at par. Section 1. All legal tender notes heretofore is- sued, or which may hereafter be issued, by the government of the United States of America, as legal-tender notes, shall be received at par in pay- ment for all taxes due or to become due to this state, or to any county or municipal corporation thereof, and such notes shall be a legal tender for all debts, dues, and demands between citizens of thi^^ate. Gen. Laws— 47. 3> 554 Legislation. Sec. 2. All acts, and the provisions of any act or parts of acts, conflicting with this act are here- by repealed. Sec. 3. This act shall take effect and be in force from and after its passage. TITLE 152. LEGISLATION. An act for the creation of a commission for the promotion of uniformity of legislation in the United States, and to appropriate money for its expenses. [Stat. Approved, March 9, 1897; Stats. 1897; chap. Ixxx.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within thirty days after the passage of this act the governor shall appoint three com- missioners, who are hereby constituted a board of commissioners by the name and style of "Commis- sioners for the promotion of Uniformity of Legis- lation in the United States." It shall be the duty of said board to examine the subjects of marriage and divorce, insolvency, the form of notarial cer- tificates, descent and distribution of property, ac- knowledgment of deeds, execution, and probate of wills, and other subjects, to ascertain the best means to effect an assimilation and uniformity in the laws of the states, and to represent the state of California in conventions of like commissions to consider and draft uniform laws to be submit- ted for the approval and adoption of the several states; and to devise and recommend such other course of action as shall best accomplish the pur- pose of this act. Sec. 2. That said commission shall be allowed, for their traveling and other expenses in effectuat- ing tlie object of this act, a sum not exceeding five hundred dollars in the aggregate for any one year. Sec. 3. The sum of one thousand dollars is here- by appropriated for the expenses of said commis- Legislative Disti-icts— Levee Districts. 555 sion out of any moneys not otherwise appropri- ated. See. 4. This act shall take effect from and after its passage. TITLE 153. ^ ^ . LEGISLATIVE DISTRICTS. mv r\ An act to divide the state into legislative districts^"/ ,/ as required by section six, article four, of the ^ {H constitution, and to provide for the election of ^ v assemblymen and senators in such districts. (^^J L Approved March 11, 1891; Stats. 1891, p. 71.] ^1% Consult the statutes of 1891 for the act. ^ 1 TITLE 154. LEVEE DISTRICTS. An act amendatory of and supplementary to an act entitled "An act to define the boundary and provide for the government of levee district number two, of Sutter county," passed March 23, 1876, in relation to the election of officers for said district, funding the floating debt, and refunding the funded debt thereof. This act was approved March 23, 1893, Stats. 1893, p. 199, and was also amended March 27, 1895, Stats. 1895, p. 236. The act entitled "An act to provide for the or- ganization and government of levee districts cre- ated for the protection of lands from overflow of innavigable running streams of water, and to con- fine innavigable running streams to a fixed chan- nel." approved March 10, 1891, containing sections 1 to 41, was repealed March 9, 1893, Stats. 1893, p. Ill, sec. 2. 55<> Levee Districts. ^^An act providing for appeals from orders of the (^ board of supervisors forming or refusing to ^ form reclamation or swamp-land districts, set- ting ofe lands from such districts, or including lands in such districts, or consolidating swamp-land or reclamation districts. . [Approved March 11, 1893; Stats. 1893, p. 174.] \ Section 1. Any person having an interest af- ■"^'fected by any order of the board of supervisors of any county, approving or refusing to approve any petition for the formation of a reclamation or swamp-land reclamation district, or in any manner creating or consolidating such districts, or including in or excluding from such district, any lands, may, within thirty days after said order is made, appeal therefrom to the supe- rior court of the county. Sec. 2. Such appeal shall be taken and prosecut- ed in the manner prescribed by law and the rules of said superior court relating to appeals from in- ferior courts, and the matter shall be tried anew in said superior court. The judgment rendered in the superior court in such matter shall be final. Each superior court held in any county of the state in which there are any reclamation or swamp-land reclamation districts shall make rules regulating appeals in the cases hereinbefore mentioned; and the clerk of the board of supervisors shall, upon a notice of appeal and undertaking on appeal being filed with him, trans- mit the same, and all papers and documents used on the hearing before said board, to the clerk of the superior court in and for said county, who shall thereupon file the same without receiving any fee therefor. Sec. 3. This act shall take effect and be in force from and after its passage. Sec. 4. All acts and parts of acts in conflict \ with the provisions of this act are hereby repealed. An act to provide for funding the indebtedness of levee district number six, of Sutter county, and to provide for the payment of such fund- ed debt. This act was approved March 21, 1891, and will be found in Statutes 1891, p. 235. Levee Districts. 557 An act to define the boundary and provide for the government of levee district number six, of Sutter county, California. /l/V^ [Approved March 31, 1891; Stats. 1891, p. 237.] iT This act was approved March 31, 1891, and will be found in the statutes of 1891, p. 237. An act providing for the payment of all moneys in the state treasury to the credit of swamp- ^^ land district funds to the treasuries of the ^ counties wherein the said swamp-land districts are situated, and to provide for the control of the same by the auditor and treasurer of said counties, and prescribing the duties of the controller and treasurer in relation thereto. [Approved March 31, 1891; Stats. 1891, p. 243.] The purpose of the act appears from the title. An act to provide for the funding and refunding of the indebtedness of levee and protection dis- tricts. [Stat. Approved April 1, 1897; Stats. 1897; chap, cclxvi.] The people of the state of California, represent- ed in senate and assembly, do enact as follows: Section 1. The board of directors or trustees of any levee or protection district having an out- standing indebtedness of not less than twenty thousand dollars, evidenced by bonds or warrants of such district, by a vote of two-thirds of all the members thereof, are empowered, if they deem it for the best interest of such district to fund and refund the same, or any part thereof, and issue bonds of such district therefor, in sums of not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent per annum, payable semi-annually, which bonds shall be sub- stantially in the following form: No. . (Name of district), in the county of , state of California, for value received, prom- ises to pay , or order, at the office of the treasurer of said district, in , California, on 55S Levee Districts. or before the first day of , 19—, the sum of — dollars, in gold coin of the United States, with in- terest at the rate of per cent per annum, pay- able at the office of said treasurer semi-annually, on the first day of and in each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the board of of said district in conformity with a resolu- tion of said board, dated the day of , eight- een hundred and , and under authority confer- red upon said board by the provisions of an act of the legislature of California, entitled "An act to provide for the funding and refunding of the in- debtedness of levee and protection districts," ap- proved (insert date of approval of the act). In testimony whereof, the said district, by its board of , has caused this bond to be signed by the chairman of said board, and attested by the auditor of county, with his seal of office at- tached, this day of , 18—. Chairman of said Board. Attest: , Auditor of county. And the interest coupons shall be in the follow- ing form: The treasurer of (name of district) will pay to the holder hereof, on the day of , 1—, at his office in , dollars, gold coin, for inter- est on bond of said district numbered . Sec. 2. Bonds issued under this act shall be numbered consecutively, signed by the chairman of the board of directors, or trustees, as the case may be, and delivered to the auditor of the county in which the levee or protection district is situat- ed, who shall countersign the same and affix there- to his official seal, and shall by him be delivered to the treasurer of the district, who shall deliver to such auditor his receipt therefor, and said treas- urer shall stand charged on his offi'cial bond with all bonds delivered to him and the proceeds there- of, and he shall sell the same or exchange them under the direction of the board of directors or trustees of such levee or protection district, on the best available terms, for any legal indebtedness of such district, but in neither case for a less sum than the face value of the bonds and all interest accrued thereon at the date of such sale or ex- Levee Districts. 559 change; and if any portion of such bonds are sold for money, the proceeds thereof shall be applied exclusively to the payment of liabilities existing against the district at the date last above named. When they are exchanged for bonds or warrants or other legal evidences of district indebtedness, the treasurer shall at once cancel such evidences of indebtedness by indorsing thereon the amount for which they were received, the word "can- celed" and the date of cancellation. He shall keep a record of all bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, the name and post office address of the purchasers, and, if exchanged, what evidence of indebtedness was received tlierefor, which record shall be open at all times for public inspection. No such bond shall be sold or exchanged for any indebtedness of the district except by the approval of the board of directors or trustees thereof. Sec. 3. The board of directors or trustees shall cause to be assessed and levied each year upon the assessable property of tlie district, in addition to the levy authorized for other purposes, a sufficient sujn to pay the interest on outstanding bonds, is- sued in conformity with the provisions of this act, accruing before the next annual levy, and such proportion of the principal, that at the end of five years the sum raised from such levies shall equal at least twenty per cent of the amount of bonds issued, at the end of nine years at least forty per cent of tlie amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal, and the money arising from such levies sliall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other pur- pose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which at all times shall show the exact condition of said bond fund. Sec. 4. Whenever there shall be in the bond fund of such district a surplus of five hundred dollars or more, over and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed and published in the county which such district is situated, stating the amount of such surplus, and that on the day and 560 Libel— Libraries. hour named in such notice, sealed proposals will be received at his ofEce for the surrender of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered at par, or less, sufficient to exhaust the amount on hand applicable to redemption, the treasurer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numbers there- of, and that if not presented for redemption with- in thirty days after the date of the first publica- tion of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the payment of such bond or bonds whenever pre- sented. If any such bond be not so presented, in- terest thereon shall cease, and the amount due thereon shall be set aside as specified in said no- tice. All redemption of bonds other than those voluntarily surrendered shall be made in the ex- act order of their issuance, beginning with the lowest or first number. Sec. 5. This act shall talie effect immediately. TITLE 155. LIBEL. Acts relating to: See Code of Civil Procedun appendix, title Libel, p. 801. /^' TITLE 156. LIBRARIES AND READING-ROOMS. An act to establish free public libraries and read- ing-rooms. [Approved April 26, 1880; 1880, 231 (Ban. ed. 524).] Consult the statutes of 1880 for the act. Libraries— License Collector. 561 ts: \^^^ ^/ TITLE 157. LIBRARIES, Consult the following acts: \^^^^ '^^^^ As to supreme court library: See Pol. C( 2313. An act to establish Law Libraries; approved March 31, 1891; Stats. 1891, p. 430. Act amendatory of this act passed March 12^ 1895, Stats. 1895, p. 46. Library, San Francisco, Law, act relating to: See Stats. 1880, p. 40. TITLE 158. LICENSE COLLECTOR. An act authorizing the payment of salaries by boards of supervisors to persons who have been employed to collect county licenses, and legalizing all payments heretofore made to such persons. [Stat, approved March 27, 1895; Stats. 1895, chap, ccvi. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. That the board of supervisors of any^^^ county in which such board has appointed persons '^ to collect the county license, are hereby empow-'y", ered and directed to pay to any person so ap- ^ pointed, and who have actually performed services in collecting such licenses, the amount agreed upon as compensation for such services at the time of such appointment; provided, that no such pay- ment shall be made for services rendered after the passage of this act. Sec. 2. All acts of such board in making such appointment and payment made by them for ser- vices heretofore rendered in the collection of such licenses, are hereby approved and legalized. Sec. 3. This act shall take effect and be in force from and after its passage. 562 - Licenses— Lighthouses. 'W' TITLE 159. ,'/^ r LICENSES. An act to prohibit the issuance of licenses to aliens not eligible to become electors of the state ^ lof California. I^^*f Approved April 12, 1880; Stats. 1880, p. 39.] See ante, title, Aliens. TITLE 160. LIENS. Acts relating to: See Civil Code, Appendix, title, Liens, p. 795 et seq. Act to secure lien on live stocli, kept, fed, or pas- tured by ranchmen and stable keepers; Stats. 1869- 70, p. 723, was not repealed by the codes, Johnson V. Perry, 53 Cal. 351. TITLE 16L LIGHTHOUSES. An act concerning submarine sites for lighthouses and other aids to navigation on the coast of this state. [Approved March 26, 1874; 1873-4, 621.] Sites for beacons, etc. Section 1. Whenever the United States desire to acquire title to land belonging to the state, and covered by the navigable waters of the United States, within the limits thereof, for the site of lighthouse, beacon, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site required for one of the pur- poses aforesaid, then the governor of the state is authorized and empowered to convey the title to the United States, and to cede to the said United Liquor— Los Angeles County. 563 States jurisdiction over the same; provided, no single tract shall contain more than ten acres, and that the state shall retain concurrent jurisdiction so far that all process, civil or criminal, issuing under the authority of the state, may be executed by the proper officers thereof, upon any person or persons amenable to the same, within the limits of land so ceded, in like manner and to like effect as if this act had never been passed. Sec. 2. This act shall take effect immediately. TITLE 162. LIQUOR. In addition to the provisions of the Penal Code in relation to the sale of liquors, sees. 299-307, sev- eral statutes are in force. A reference to these acts is contained in Deer- ing's Annotated Penal Code, p. 616. TITLE ]63. LODGING HOUSES. Acts relating to: See Civil Code. Appendix, title, Lodging Houses, p. 801 ; Penal Code, Appendix, ti- tle, Lodging Houses, p. 583. finP' iV TITLE 164. ^ v)U^ LOGS. An act to establish a scale for the measurement of [Approved March 28, 1878; 1877-8, 604.1^^ TITLE 165. LOS ANGELES COUNTY. -i A reference to local acts affecting Los Angeles unty is contained in Deering's Annotated Penal ode, p. 620, et seq. 564 Lost Warrants. TITLE 166. LOST WARRANTS. An act to provide for the payment of the controller of state's warrants which have been lost or de- stroyed previous to payment by the state treasurer. [Approved March 31, 1891; Stats. 1891, p. 294.] Section 1 . Whenever any warrant legally drawn by the controller of state shall have been lost or destroyed before the same has been paid by the state treasurer, the amount due thereon may be recovered by the legal owner or custodian thereof, by filing with the controller of state,— First. An affidavit setting forth tne fact of the loss or destruction of such state warrant, giving the number, date, amount, and name of the payee, together with all material facts relative to the loss or destruction of the same. Second. A bond of indemnity, with two good and sufficient sureties, in double the amount of the face of the particular warrant, which bond shall be referred to the attorney general and con- troller of state for approval or rejection. Sec. 2. It shall be the duty of the attorney gen- eral and of the controller of state to examine and pass upon the sufficiency of the said bond, and to approve or reject the same, within thirty days after it shall have been filed with the controller of state. Sec. 3. After the filing of the approved bond, the controller of state is hereby authorized and di- rected to issue and deliver to the legal owner or claimant; on demand, a duplicate warrant for the full amount of the original warrant, and the treas- urer of state is hereby authorized and directed to pay the duplicate, in lieu of the original warrant. Sec. 4. The controller and treasurer shall each malie the proper entries on their boolis, showing such warrants to have been lost or destroyed, and the issuance of duplicate warrants in lieu thereof Lumber Manufacturers— Maps. 565 TITLE 167. LUMBER MANUFACTURERS. Acts relating to: See Penal Code, Appendix, ti- tle, Lumber Manufacturers, p. 584. TITLE 168. MADERA COUNTY. An act to create the county of Madera, to define the boundaries thereof, to determine the coun- ty seat, and to provide for its organization and election of officers, and to classify said county. [Approved March 11, 1893; Stats. 1893, p. 168.] Consult the statutes of 1893 for the act. TITLE 169. MANUFACTURED GOODS. Acts relating to: See Penal Code, Appendix, title, Manufactured Goods, p. 585. TITLE 170. MAPS. An act requiring the recording of maps of cities,, towns, additions to cities or tow^ns, or subdi- visions of lands into small lots or tracts for the purposes of sale, and providing a penalty for the selling or offering for sale any lots or tracts in cities, towns, additions to cities, towns, subdivsions, or additions thereto, be- fore such maps are filed and recorded. [Approved March 9, 1893; Stats. 1893, p. 96.] Section 1. Whenever any city, town, or subdi- vision of land into lots, or any addition to any city, town, or such subdivision, shall be laid out into kiB. for the purposes of sale, the proprietor or pro- Gen. Laws— 48 566 Marin County— Mariposa County. prietors tliereof shall cause to be made out an ac- curate map or plat tliereof, particularly setting forth and describing,— First. All the parcels of ground within such city, town, addition, or subdivision reserved for public purposes, by their boundaries, courses, and extent, whether they be intended for avenues, streets, lanes, alleys, courts, commons, or other public uses; and, Second. All lots intended for sale, either by number or letter, and their precise length and width. Sec. 2. Such map or plat shall be acknowledged by the proprietor, or if any incorporated compa- ny» by the chief officer thereof, before some officer authorized by law to take the acknowledgment of conveyances of real estate. Sec. 3. The map or plat so made, acknowl- edged, and certified shall be filed in the office of the county recorder of the county in which the city, town, addition, or subdivision is situated. Sec. 4. Every person who sells or offers for sale any lot within any city, town, subdivision, or ad- dition, before the map or plat thereof is made out, acknowledged, filed, as herein provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twen- ty-five dollars and not more than five hundred dol- lars, or by imprisonment in the county jail not to exceed six months, or both such fine and impris- onment. TITLE 171. MARIN COUNTY. A reference to local acts affecting Marin county is contained in Deering's Annotated Penal Code, p. 622, et seq. TITLE 172. M^^iRIPOSA COUNTY. A reference to the local acts relating to Mari- posa county is contained in Deering's Annotated Penal Code, p. 624. Marks and Brands— Mechanics' Institute. 567 TITLE 173. MARKS AND BRANDS. The general law in force in relation to marks and brands will be found in the Political Code, sec. 3167 et seq. As to one county, however, there is a special and local law, continued in force by the Political Code, sec, 19, subd. 11, which may be re- ferred to in this place, as follows: An act con- cerning marks and brands in the county of Siski- you, approved March 20, lS6p; 18G5-6, 332. 1,1 . _js:lX^I , • TITLE 174. MARSHALL MONUMENT. An act to provide for the appointment of a guar- dian for the Marshall monument and grounds, prescribing his duties, and appropriating money therefor. [Approved March 31, 1891; Stats. 1891, p. 424.] TITLE 175. MASTER AND SERVANT. Act to protect wages, salaries, and fees: Penal Code, Appendix, t^tle, Muster iand Servant, p. 586. TITLE 176. MECHANICS' INSTITUTE. Acts relating to: See Civil Code, Appendix, title. Mechanics' Institute, p. 737. 568 Medicine. TITLE 177. MEDICINE. An act to regulate the practice of medicine in the state of California. [Approved April 3, 1876; 1875-0, 792. See supple- mental act, post.] Persons practicing medicine and surgery to pre- sent diploma to board. Section 1. Every person in this state practicing medicine or surgery, in any of its departments, shall possess tlie gualifications required by this act. Every such person shall present his di- ploma to one of the boards of examiners herein named, together with the affidavit mentioned in section three (3) of this act. If the board shall find all the facts required to be stated in said affidavit to be true, the board of examiners shall issue its certificate to that effect, signed by all the members thereof, and sealed with the seal of the board, and such certificate shall be conclusive as to the right of the person named therein to practice medicine and surgery in any part of this state. [Amendment became a law and took ef- fect April 1, 1878; 1877-8, 918.] Board of examiners appointed by what. Sec. 2. The Medical Society of the State of Cal- ifornia, the Eclectic Medical Society of the State of California, and the California State Homeo- pathic Medical Society, corporations organized and existing under and by virtue of the laws of this state, and no other corporation, society, persons, or person, shall appoint annually a board of ex- aminers, consisting of seven members, who shall hold their office for one year and until their suc- cessors shall be chosen. The examiners so ap- pointed shall go before a district or county judge and make oath that they are regular graduates, and that they will faithfully perform the duties of their office. Vacancies occurring in a board of ex- aminers shall be filled by the society appointing it, by the selection of alternates, or otherwise. The board of examiners now organized, or existing un- Medicine. 569 der and by virtue of their appointments by the aforesaid societies, shall continue to act as such boards until their successors are appointed at the next annual election. [Amendment became a law and took effect April 1, 1878; 1877-8, 918.] Powers and duties of examiners. Sec. 3. The board of examiners shall organize within three months after the passage of this act. They shall procure a seal, and shall receive, through their , secretary, applications for certif- icates and examinations. The president of each board shall have authority to administer oaths, and the board take testimony in all meetings relat- ing to their duties. They shall issue certificates to all who furnish satisfactory proof of having re- ceived diplomas or licenses from legally chartered medical institutions in good standing. They shall prepare two forms of certificates, one for persons in possession of diplomas or licenses, the other for candidates examined by the board. They shall furnish to the county clerks of the several coun- ties a list of all persons receiving certificates. In selecting places to hold their meetings, they shall, as far as is reasonable, accommodate applicants residing in different sections of the state, and due notice shall be published of all their meetings. Certificates shall be signed by all the members of the board granting them, and shall indicate the medical society to which the examining board is attached. Board to examine diplomas. Sec. 4. Said board of examiners shall examine diplomas as to their genuineness, and if the diplo- ma shall be found genuine, as represented, the sec- retary of the board of examiners shall receive a fee of five dollars from each graduate or licentiate, and no further charge shall be made to the appli- cant; but if it be found to be fraudulent, or not lawfully owned by the possessor, the board shall be entitled to charge and collect twenty dollars of the applicant presenting such diploma. The appli- cant shall accompany his diploma with an aflfi- davit stating that he is the lawful possessor of the same, that he is the person therein named, that the diploma was procured in the regular cS^rse of medical instruction, and without fraud 570 Medicine. or misrepresentation of any kind, and that the medical institution granting the diploma had, at the time of the granting the same, a full corps of medical instructors, and was at the said time a legally incorporated institution, actually and in good faith engaged in the business of medical education, and in good standing as a medical in- stitution, and that the applicant had complied with all the requirements of said institution. Such affidavit may be taken before any person au- thorized to administer oaths, and the same shall be attested under the hand and official seal of such officer, if he have a seal. In addition to such affidavit, the board of examiners may hear such further testimony as in their discretion they may deem proper to hear, as to the verification of any such diploma, or as to the identity of the person named therein, or as to the manner in which any such diploma was procured, and if it should ap- pear from such testimony that any fact stated in said affidavit is untrue, the application of such person for a certificate shall be rejected. None of said boards shall entertain an application which has been rejected by another of said boards, nor shall any rejected application be renewed until at least one year after the action of the board re- jecting the same. [Amendment became a law and took effect April 1, 1878; 1877-8, 918.] Examination of applicants. Sec. 5. All examinations of persons not grad- uates or licentiates shall be made directly by the board, and the certificates given by the boards shall authorize the possessor to practice medicine and surgery in the state of California; but no ex- amination into the qualifications of persons not holding diplomas or licenses shall be made after the thirty-first day of December, eighteen hundred and seventy-six. After that date no certificates shall be granted by them, except to persons pre- senting diplomas or licenses from legally charter- ed medical institutions in good standing. Certificates to be recorded. Sec. 6. Every person holding a certificate from a board of examiners shall have it recorded in the office of the clerk of the county in which he re- sides, and the record shall be indorsed thereon. Medicine. 571 Any person removing to another county to prac- tice shall procure an indorsement to that effect on the certificate from the county clerk, and shall record the certificate in lilie manner in the county to which he removes, and the holder of the cer- tificate shall pay to the county clerk the usual fees for making the record. Clerk to keep register. Sec. 7. The county clerk shall keep, in a book provided for the purpose, a complete list of the certificates recorded by him, with the date Qf is- sue and the name of the medical society repre- sented by the board of examiners issuing them. If the certificate be based on a diploma or license, he shall record the name of the medical institution conferring it, and the date when conferred. The register of the county clerk shall be open to pub- lic inspection during business hours. Fees for examination. • Sec. 8. Candidates for examination shall pay a fee of five dollars in advance, which shall be re- turned to them if a certificate be refused. The fees received by the board shall be paid into the treasury of the medical society by which the board shall have been appointed, and the expenses and compensation of the board shall be subject to arrangement with the society. Examinations. Sec. 9. Examinations may be in whole or in part in writing, and shall be of an elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practi- tioner. Refusal of certificates for unprofessional conduct. Sec. 10. The board of examiners must refuse certificates to individuals guilty of unprofessional conduct. But before any such refusal, the ap- plicant must be cited by a citation signed by the secretary of the board, and sealed with its seal, to appear before the board at a time and place certain for the purpose of being heard as to such unprofessional conduct. Said citation shall notify the applicant of the time and place where and when the matter of said unprofessional conduct shall be heard, the particular unprofesional con- TTHtet-with which the applicant is charged, and that 572 Medicine. the applicant shall then and there appear in pei- son, and attended with such witnesses to testify- on his behalf as he may desire, or default will be talven against him, and his application for a certif- icate refused. The attendance of witnesses at such hearing shall be compelled by subpoenas is- sued by the secretary of the board under its seal; and said secretary shall in no case refuse to issue any such subpoena on a fee of fifty cents being paid to him for each subpoena. Said citations and said subpoenas shall be served in accordance with existing provisions of law as to the service of ci- tations and subpoenas generally. At such hear- ing witnesses shall be examined on the part of the board and on the part of the applicant as to the fact of the applicant having been guilty of the conduct set out in the citation, and either side may examine medical experts as to whether such con- duct is unprofessional; and if it appear to the satisfaction of tlie board that tlie applicant is guil- ty of said unprofessional conduct, no certificate shall be issued to him. But no application shall be refused on the ground of unprofessional con- duct unless the applicant has been guilty of unpro- fessional conduct within one year next preceding his application. If any holder of a certificate be guilty of unprofessional conduct, his certificate must be revol^;ed by the board granting it; but no such revocation shall be valid without said holder being cited to appear, and the same proceedings be had as is hereinbefore provided in this section in the case of refusal to grant a certificate. When- ever a certificate is revolted, the secretary of the board revolving the same shall certify the fact, un- der the seal of the board, to the county clerk of the county in which the person whose certificate has been revoked is at the time of said revocation prac- ticing his profession, and said clerk shall there- upon write on the margin, or across the face of his register of the certificate of such person, the fact of such revocation, signing his name thereto, and shall file in his oSice said certificate of revoca- tion. Each of said boards may, from time to time, adopt such rules as may be necessary to the order- ly conduct of all proceedings taken and had be- fore it. It shall be the duty of the secretary of the respective boards to notify the secretary of all other boards provided for under this act of all Medicine. 573 applicants to wliom licenses may have been re- fused, together with the reasons of such refusal by such boards. FAmendment became a law and toolj effect April 1, 1878; 1877-8, 919.] Practice of medicine defined. Sec. 11. Any person shall be regarded as prac- ticing medicine, within the meaning of this act, who shall profess publicly to be a physician, or who shall habitually prescribe for the sick, or who shall append to his name the letters "M. D."; but nothing herein contained shall be construed to prohibit gratuitous services in cases of emergency. And this act, and the act to which this act is sup- plemental and amendatory, shall not apply to law- fully commissioned surgeons of the United States army or navy practicing their profession within the limits of this state. [Amendment became a law and took effect April 1, 1878; 1877-8, 919.] License imposed on certain persons. Sec. 12. Any itinerant vendor who shall sell, or offer for sale, any drug, nostrum, ointment, or appliance of any kind intended for the treatment of disease or injury, or any person who shall, by writing or printing, or by any other method, pub- licly profess to cure or treat disease, injury, or deformity by any medicine, drug, or drugs, nos- trum, manipulation, or other expedient, shall pay a license of one hundred dollars a month. Such license shall be collected as other licenses are. [Amendment became a law and took effect April 1, 1878; 1877-8, 919.] Penalties for Violation. Sec. 1.3. Any person practicing medicine or surgery in this state without complying with the provisions of this act shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not less than thirty days nor more than three hundred and sixty-five days, or by both such fine and imprisonment, for each and every oft'ense. And any person filing, or attempting to file, as his own, the diploma or cer- tificate of another, or a forged affidavit of iden- tification, shall be guilty of a felony, and upon con- viction shall be subject to such fine and impris- oiiiuent as are made and provided by the statutes of this state for the crime of forgery. 574 Medicine. Sec. 14. This act shall take effect from and '"-after its passage, but the penalties shall not be '■> enforced till on and after the thirty-first day of December, eigiiteen hundred and seventy-six. An act supplemental to and amendatory of an act entitled "An act to regulate the practice of medicine in the state of California," approved April 3, 1876. [Became a law and took effect April 1, 1878; 1877- 8, 918.] The first six sections consist of the amendment to sections 1, 2, 4, 10, 11, and 12, of the act named in the title, and above given. The follow- ing are supplemental sections: Misdemeanor. ' Sec. 7. Any person practicing medicine or sur- gery in this state without first having procured a certificate to so practice from one of the boards of examiners appointed by one of the societies men- tioned in section two of this act shall be deemed guilty of a misdemeanor, and shall be subject to the penalties provided in section thirteen of the act to which this act is amendatory and supple- mental, but no person who holds a certificate from one of such boards of examiners, or who holds a certificate heretofore granted by the board of examiners heretofore existing by virtue of ap- pointment by the California State Medical Society of Homeopathic Practitioners, shall be compelled to procure a new certificate. And all powers and privileges of said boards of examiners, under the act to which this act is supplemental and amend- atory, are hereby transferred to the boards of ex- aminers created by this act. Misdemeanor. Sec. 8. Any person assuming to act as a mem- ber of a board of examiners, under this act or un- der the act to which this act is supplemental and amendatory, or who shall sign, or subscribe, or is- sue, or cause to be issued, or seal, or caused to be sealed, a certificate authorizing any person to practice medicine or surgery in this state, except the person so acting and doing be appointed by Medicine. 575 one of the secieties mentioned in section two of this act, or be authorized so to do by a board of examiners appointed by one of said societies, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, or by imprisonment in the county jail for a period of not less than thirty nor more than three hundred and sixty-five days, or by both such fine and im- prisonment. Certain certificates made null. Sec. 9. Should either of the said boards issue a certificate to any person whose application for a certificate has been previously rejected by an- other of the said boards within one year after the rejection of said application, then in such case the certificate issued as aforesaid to said rejected ap- plicant shall be null and void and of no effect. Examination of applicants to practice medicine. Sec. 10. If any person not a graduate or licen- tiate of medicine has been unable to present him- self for examination to any of said boards, as pro- vided in section one of this act, then and in such case it shall be lawful for eitlier of said boards, on good cause shown why said person was unable so as to present himself for examination, to ex- amine such person touching his qualifications to practice medicine or surgery, and if said examina- tion shall be satisfactory to the board, it shall thereupon issue its certificate in accordance with the facts, and the lawful holder thereof shall be entitled to all the rights and privileges of grad- uates or licentiates to whom certificates have been issued under this act and the act to which this act is amendatory and supplementary, but no such examination shall be had after the expiration of sixty days from the time this act shall take effect. Sec. 11. This act shall be in effect from and af- ter its passage. Pharmacy. — An act to regulate the practice of pharmacy in the city and county of San Fran- cisco, approved March 28, 1872; 1871-2, 681; amended March 31, 1876; 1875-6, 583; was still further amended by act of March 30, 1878; 1877-8, 838. By Stats. 1883, 93, the act of February 3, IS^Q, amending the pharmacy act of 1872, was re- pealed. r 576 Mendocino County— Mexican War. An act to regulate medical practice to prevent blindness in infants. [Stat, approved February 17, 1897; Stats. 1897, chap, xiv.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Should one or both eyes of an infant become reddened or inflamed at any time within two weeks after birth, it shall be the duty of the midwife, nurse, or person having charge of said infant, to report the condition of the eyes at once to some legally qualified practitioner of medicine of the city, town, or district in which the parents of the infant reside. Sec. 2. Any failure to comply with the provis- ions of this act shall be punishable by a fine not to exceed one hundred dollars, or imprisonment not to exceed six months, or both. Sec. 3. This act shall take effect from and after its passage. TITLE 178. MENDOCINO COUNTY. A reference to the local acts relating to Mendo- cino county is contained in Deering's Annotated Code, p. 630, et seq. TITLE 179. MERCED COUNTY. A reference to local acts affecting Merced county is contained in Deering's Annotated Penal Code, p. 632. MEXICAN WAR. See Veterans' Home Association. Military Academy. 577 TITLE 180. MILITARY ACADEMY. An act to furnish arms for the use of military y^>^ academies in the state. ^-^l L Approved February 20, 1872; 1871-2, 121.1 f) Military academies— Majors. / .' Section 1. That when a military academy has-V^ been established within the state, having not less ' - than eighty boys, uniformed, drilled, and instruct- ed in strict accordance with the tactics of the reg- ular United States army service, and all its '^ course of education and economy conducted upon ^f strict military principles, the military instructor ' y of such academy, when regularly elected by the *^ board of trustees or other lawful authority of the ^ academy, be commissioned in the national guard of California, with the rank of major. Bond and issue of arms, etc. Sec. 2. That upon giving bond, with good se- curity, to be approved by the county judge of the county where the academy is situated, conditioned for the safe-lieeping against fire, loss, and against all damages, in twice the value, that arms and accouterments, the property of the state, be is- sued for the use of such military academy. Requisition. Sec. 3. The adjutant general of the state is hereby authorized to issue such arms and accou- terments as may be needed by the said military academies, without a monthly allowance, in the same manner as arms and accouterments are is- sued to regular organized companies of the na- tional guard of California, upon requisition made for this purpose, approved by the commander-in- chief. Sec. 4. This act shall take effect immediately. Gen. Laws — 49 ^J^ 578 Mineral Cabinet— Miueralogist, State. TITLE 181. MINERAL CABINET. Consult the following acts: An act to provide for tlie establishment of a cabi- net department in the state library. [Approved April 1, 1872; 1871-2, 824.] An act making an appropriation for the manage- ment and protection of the state mineral cabi- net under direction of the trustees thereof. [Approved March 11, 1889; 1889, 131.] dn act to provide for the removal of the mineral cabinet from the state library. [Approved March 9, 1887; 1887, 74.] Act provided for appointment by governor of three trustees to select place in the Crocker art gallery for the mineral cabinet. TITLE 182. MINERALOGIST, STATE. Consult the following acts: An act making an appropriation for editing the manuscript of the state mineralogist for the two years ending September 15, 1892. [Approved March 11, 1893; Stats. 1893, p. 133.] An act establishing a state mining bureau and providing for appointment of state mineralogist and repealing prior acts. [Approved March 23, 1893; Stats. 1893, p. 203.] The repealed acts are contained in the statutes of 1880, p. 115, and 1885, p. 217, respectively. Mines and Mining. 579 TITLE 183. MINES AND MINING. For other acts relating to mining, see Civil Code, Appendix, p. 802, et seq. A very important act relating to mining partner- ships is contained in the Statutes of 1865-6, p. 828. It has not been in terms repealed. As this subject is treated of in the Civil Code, section 2511, et seq.. and as this act was included in the list of acts intended to be repealed by the code commissioners (Index to Laws of Cal., p. 711), it is probably not in force. An act for the protection of miners. [Approved March 13, 1872; 1871-2, 413.] Protection of miners. f-Ui/ Section 1. It shall not be lawful for any cor- • poration, association, owner, or owners of any i^y ^ quartz-mining claims within the state of Califor- nia, where such corporation, association, owner, or owners employ twelve men daily, to sink down into such mine or mines any perpendicular shaft or incline beyond a depth from the surface of three hundred feet without providing a second mode of egress from such mine, by shaft or tun- nel, to connect with the main shaft at a depth of not less than one hundred feet from the surface. Modes of escape. Sec. 2. It shall be the duty of each corporation, association, owner, or owners of any quartz mine or mines in this state, where it becomes necessary to work such mines beyond the depth of three hun- dred feet, and where the number of men employed therein daily shall be twelve or more, to proceed to sink another shaft or construct a tunnel so as to connect with the main working-shaft of such mine as a mode of escape from underground acci- dent, or otherwise. And all corporations, asso- ciwtions, owner, or owners of mines as aforesaid, 580 Mines and Mining. working at a greater depth than three hundred feet, not having any other mode of egress than from the main shaft, shall proceed as herein pro- vided. Liabilities. Sec. 3. When any corporation, association, owner, or owners of any quartz mine in this state shall fail to provide for the proper egress as here- in contemplated, and where any accident shall oc- cur, or any miner worl^ing therein shall be hurt or injured, and from such injury might have es- caped if the second mode of egress had existed, such corporation, association, owner or owners of the mine where the injuries shall have occurred shall be liable to the person injured in all dam- ages that may accrue by reason thereof; and an action at law in a court of competent jurisdiction may be maintained against the owner or owners of such mine, which owners shall be jointly or severally liable for such damages. And where death shall ensue from injuries received from any negligence on the part of the owners thereof, by reason of their failure to comply with any of the provisions of this act. the heirs or relatives surviv- ing the deceased may commence an action for the recovery of such damages as provided by an act en- titled an act requiring compensation for causing death by wrongful act, neglect, or default, ap- proved April twenty-sixth, eighteen hundred and sixty-two. See. 4. This act shall take efiCect and be in force six months from and after its passage. An act for the protection of coal mines and coal miners. [Approved March 27, 1874; 1873-4, 726.] Map. Section 1. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine, on a scale of one hundred feet to the inch. Copies. Sec. 2. A true copy of which map or plan shall be kept at the'office of the owner or owners of the Mines and Mining. 581 mine, open to the inspection of all persons, and one copy of sucli map or plan shall be kept at the mines by the agent or other person having charge of the mines, open to the inspection of the work- men. Shafts or outlets. Sec. 3. The owner or agent of every coal mine shall provide at least two shafts, or slopes, or out- lets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine; provided, that if a new tunnel, slope, or shaft will be required for the ad- ditional opening, work upon the same shall com- mence immediately after the passage of this act, and continue until its final completion, with rea- sonable dispatch. Ventilation. Sec. 4. The owner or agent of every coal rnine shall provide and establish for every such mine an adequate amount of ventilation, of not less than fifty-five cubic feet per second of pure air, or thirty-three hundred feet per minute, for every fifty men at work in such mine, and as much more as circumstances may require, which shall be cir- culated through to the face of each and every working place throughout the entire mine, to di- lute and render harmless and expel therefrom the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for men to work therein, and be free from danger to the health and lives of the men by reason of said nox- ious and poisonous gases, and all workings shall be kept clear of standing gas. Inside overseer— Duties. Sec. 5. To secure the ventilation of every coal mine, and provide for the health and safety of the men employed therein, otherwise and in every re- spect, the owner, or agent, as the case may be, in charge of every coal mine, shall employ a compe- tent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air ways, the traveling ways, the pumps and sumps, the timbering, to see as the miners ad- vance in their excavations that all loose coal, slate, or rock overhead is carefully secured against fall- 582 Mines and Mining. ing; over the arrangements for signaling from the bottom to the top, and from the top to the bottom of the shaft or slope, and all things connected with and appertaining to the safety of the men at worli in the mine. He, or his assistants, shall examine carefully the workings of all mines gene- rating explosive gases, every morning before the miners enter, and shall ascertain that the mine is free from danger, and the worlimen shall not enter the mine until such examination has been made and reported, and the cause of danger, if any, be removed. Sec. 6. The overseer shall see that the hoisting machinery is kept constantly in repair and ready for use, to hoist the workmen in or out of the mine. Owner. Sec. 7. The word "owner" in this act shall ap- ply to lessee as well, Kight of action. Sec. 8. For any injury to person or property oc- casioned by any violation of this act, or any will- ful failure to comply with its provisions, a right of action shall accrue to the party injured for any di- rect damages he or slie may have sustained there- by, before any court of competent jurisdiction. Liability. Sec. 9. For any Avillful failure or negligence on the part of the overseer of any coal mine, he shall be liaoie to conviction of misdemeanor, and pun- ished according to law; provided, that if such will- ful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter. Boilers. Sec. 10. An boilers used for generating steam in and about coal mines shall be kept in good or- der, and the owner or agent thereof shall have them examined and inspected, by a competent boiler-maker, as often as once in three months. Sec. 11. This act shall not apply to opening a new coal mine. Sec. 12. This act shall take effect immediately. Mines and Mining. 583 An act to provide a state hospital and asylum for miners. [Approved Marcli 14, 1881; 1881, 81.] Erection of state hospital for miners. Section 1. There shall be erected, as soon as conveniently may be, upon some suitable site, to be determined and obtained as is hereinafter pro- vided, a public hospital and asylum for the recep- tion, care, medical, and surgical treatment, and re- lief of the sick, injured, disabled, and aged miners, which shall be known as the "California State Miners' Hospital and Asylum." Trustees of. how appointed. Sec. 2. The governor shall nominate, and by and with the advice and consent of the senate ap- point five persons to serve as trustees of the said institution, who shall be a body politic and cor- porate by the name and style of the "Trustees of the California State Miners' Hospital Asylum," and shall manage and direct the concerns of the institution, and make all necessary by-laws and regulations, and shall have power to receive, hold, dispose of, and convey all real and personal prop- erty conveyed to them by gift, devise, or other- wise, for the use of said institution, and shall serve without compensation. Of those first ap- pointed, two shall serve for two years, and three for four years; and at the expiration of the re- spective terms, each class thereafter shall be ap- pointed for four years. A vacancy in said board, from any cause, shall be filled by appointment by the governor for the unexpired term. Superintendent, how appointed. Sec. 3. The said trustees shall have charge of the general interests of the institution; they shall appoint the superintendent, who shall be a skill- ful physician and surgeon, subject to removal or re-election no oftener than in periods of ten years, except by infidelity to the trust reposed in him, or for incompetency. By-laws. Sec. 4. The trustees, by and with the consent of the governor, shall make such by-laws and regulations for the government of the institution 584 Mines and Mining. as shall be necessary; they shall appoint a treas- urer, who shall give bonds to the people of the state of California for the faithful discharge of his duties; and they shall fix the compensation of all officers, assistants, and attaches, who may be nec- essary for the just and economical administration of the affairs of said institution. Charges for medical attendance. Sec. 5. Indigent miners shall be charged for medical attendance, surgical operations, board, and nursing while residents in the hospital and asylum, no more than the actual cost; paying pa- tients, whose friends can pay their expenses, and who are not chargeable upon townships and coun ties, shall pay according to the terms directed by the trustees. Powers of boards of supervisors. Sec. 6. The several boards of supervisors of counties, or any constituted authority in the state having care and charge of any indigent sick, or aged person or persons, if satisfactorily proven by them to have been miners, shall have authority to send to the California State Miners' Hospital and Asylum such persons, and they shall be severally chargeable with the expenses of the care, mainte- nance, and treatment, and removal to and from the hospital and asylum of such patients. Trustees to report. Sec. 7. The trustees shall annually, at such time as the governor may designate, report to him, for transmission to the legislature, such a state- ment as he may require as to the management ol the said hospital and asylum. Sec. 8. This act shall take effect immediately. An act to establish a uniform system of mine bell signals, to be used in all mines operated in the state of California, and for the protection of miners. [Approved March 8, 1893; Stats. 1893, p. 82.] Section 1. Every person, company, corporation, or individual operating any mine within the state of California — gold, silver, copper, lead, coal, or Mines and Mining. 585 any otlier metal or substance where it is neces- sary to use signals by means of bell or otherwise for shafts, inclines, drifts, crosscuts, tunnels, and underground worlvings — shall, after the passage of this bill, adopt, use, and put in force the follow- ing system or code of mine bell signals, as follows: 1 bell, to hoist. (See Rule 2.) 1 bell, to stop if in motion. 2 bells to lower. (See Rule 2.) 3 bells^ man to be hoisted; run slow. (See Rule 2.) 4 bells, start pump, if not running, or stop pump if running. 1—3 bells, start or stop air compressor. '^^ 5 bells, send down tools. (See Rule 4.) ^ 6 bells, send down timbers. (See Rule 4.) ^/. 7 bells, accident; move bucliet or cage by verbal [^ orders only. 1 — 4 bells, foreman wanted. 2—1—1 bells, done hoisting until called. 2—1—2 bells, done hoisting for the day. 2—2—2 bells, change buckets from ore to water, or vice versa. 3—2—1 bells, ready to shoot in the shaft. (See Rule 3.) Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.) Levels shall be designated and inserted in notice hereinafter mentioned. (See Rule 5.) Sec. 2. For the purpose of enforcing and prop- erly understanding the above code of signals, the following rules are hereby established: Rule 1. In giving signals make strokes on bell at regular intervals. The bar (— ) must take th same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket, or cage, are wanted to stop at any level in the mint-, signal by number or strokes on the bell, the num- ber of the level first before giving the signal for timber, tools, etc. Time between signals to be double bars ( ). Examples: G 5, would mean stop at sixth level with tools. 4 1—3—1 1, would mean stop at fourth l«^:el, man on, hoist. ft 586 Mines and Mining. 2 1—4, would mean stop at second level with foreman. Kule 2. No person must get off or on the bucke or cage while the same is in motion. When men are to be hoisted, give the signal for men. Men must then get on bucket or cage, then give the signal to hoist. Bell cord must be in reach of ma on the bucket or cage at stations. Rule 3. After signal "Ready to shoot in shaft," engineer must give his signal when he is ready to hoist. Miners must then give the signal of "Men to be hoisted," then "spit fuse," get into the buck- et, and give the signal to hoist. Rule 4. All timbers, tools, etc., "longer than the depth of the bucket," to be hoisted or lowered, must be securely lashed at the upper end of the cable. Miners must know they will ride up o dowu the shaft without catching on rocks or tim- bers, and be thrown out. Rule 5. The foreman will see that one printer sheet of these signals and rules for each level and one for the engine-room are attached to a board not less than twelve inches wide by thirty-six inches long, and securely fasten the board up where signals can be easily read at the places above stated. Rule 6. The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individuals oper- ating any mine within the state of California shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate tlie name of the corporation or the owner of the mine. Sec. 3. Any person or company failing to carry out any of the provisions of this act shall be re sponsible for all damages arising to or incurred by any person working in said mine during the time of such failure. Sec. 4. This act shall take effect immediately. /-I Mines and Mining. X/) 587 An act to provide for the appointment, durt^s, and' ^ compensation of a debris commissioner, and to make an appropriation to be expended under his airections in the discharge of his duties as such commissioner. [Approved March 24, 1893; Stats. 1893, p. 339.] Section 1. The governor of the state of California shall, on or before the first day of January, one thousand eight hundred and ninety-eight, appoint a competent civil engineer for a period of four years only, to be known as and called the debris commissioner; provided, however, that the debris commissioner heretofore appointed under the aci entitled ''An act to provide for the appointment, duties and compensation of a debris commissioner, and to make an appropriation to be expended un der his directions in the discharge of his duties as such commissioner," approved March twenty- fourth, eighteen hundred and ninety-three, shall continue to perform the auties, and receive the compensation of that office, subject to the provis- ions of this act, until the expiration of the term for which he was appointed and until the appoint- ment and qualification of the debris commissioner provided for by this act. [Amendment approved March 17, 1897; Stats. 1897, chap, cxiii. In effect immediately.] Sec. 2. Said commissioner shall receive a com pensation of ten dollars per day while actually en- gaged in the discharge of his duties, and his nec- essary traveling expenses, to be allowed by th< state board of examiners. [Amendment approved March 17, 1897; Stats. 1897, chap, cxiii. In effect immediately.] Sec. 3. It shall be the duty of the said debris commissioner to consult and advise with the mem- bers of the corps of engineers of the United States army comprising the California debris commission (created by act of congress approved March first, eighteen hundred and ninety-three), in relation to the construction of works for the restraining and impounding of debris resulting from mining opera- tifikiis, natural erosion, or other causes; and it 588 Mines and Mining. shall be his duty to examine such works, and to report the result of such examination to the state board of examiners. Said debris commissioner is further authorized and directed to consult and ad- vise with said "California Debris Commission" in relation to any and all plans and specifications that may have been, or may hereafter be prepared or adopted by said "California Debris Commis- sion," for the construction of such restraining or impounding worlis, and said debris commis- sioner shall submit a copy of all such plans and specifications to the state board of examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto. The state board of examiners shall thereupon proceed to examine and consider the plans and specifications thus submitted to them, and in that behalf may require the attendance, counsel, and advice of said debris commissioner, during their examination and consideration thereof. The state board of examiners shall keep a record of their deliberations and shall either approve or disap- prove said plans and specifications, which ap- proval or disapproval may be by a majority vote of said board; provided, that no plans and speci- fications involving an expenditure on the part of the state of California of a sum greater than the appropriation herein made shall be approved. If said plans and specifications be approved by the state board of examiners, the said debris com- missioner shall thereupon report such action to said "California Debris Commission." Whenever said "California Debris Commission"' or the government of the United States shall have entered into any contract for the construction of works for the purposes described in this act, ii pursuance of plans and specifications that have been theretofore approved by the state board of examiners as in this act provided, it shall then be the duty of the debris commissioner to carefull;^ inspect such works during the process of their con struction and to keep a record of the result of such inspection and to report the same monthly to the state board of examiners. Said debris commis sioner shall also from time to time, during the pro- Mines and Mining. 589^ cess of the construction of sucli works, when re- quested so to do by the said "California Debris Commission/' draw his warrants upon the state controller in favor of such person or persons as may be designated by said "California Debris Com- mission" for such amounts as shall equal one-half of the cost of the construction of said works; and said debris commissioner shall, in like manner, and when requested so to do by said "California Debris Commission," draw his warrant upon the state controller for an amount equal to one-half the purchase price of any site or sites necessary for the construction of said works; provided, thfi the purchase of such site or sites shall have been tirst approved by the state board of examiners r and provided further, that no warrant shall be drawn ;n excess of the amount appropriated b this act. [Amendment approved March 17, 1897: Stats. 1897, chap, cxiii. In effect immediately.] Sec. 4. There is hereby appropriated out of the general fund of the treasury of this state no otherwise appropriated, the sum of two hundred and fifty thousand dollars, to be used in the con struction of works for the restraining and im pounding of debris resulting from mining opera- tions, natural erosion, or other causes, and for the purchase of sites therefor. The appropriation made by this section is intended as a reappropria- tion of the sum of two hundred and fifty thous- and dollars appropriated by the act entitled "A:- act to provide for the appointment, duties, and compensation of a debris commissioner, and 'ta make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, eighteen hundred and ninety-three, and it is ex- pressly intended and provided by this act that the state of California shall, in no event, incur any liability hereunder beyond the amount of the ar propriation herein made; and no contractor, claim- ant, or person shall acquire any right or obligation against the state of California beyond said sum so appropriated and set apart for the purposes herein- above set forth, and it is expressly declared tha^ an^ claim or demand against the state of Califor "^ Gen. Laws— 50 590 Mines and Mining-. nia in excess of said appropriation shall be invali and void. Said moneys shall be paid only upon orders drawn by the state controller upon the written request of said debris commissioner, as in this act provided. [Amendment approved March 17, 1897; Stats. 1897, chap, cxiii. In effect imme- diately.] Sec. 5. The term of office of said debris com- missioner shall be four years from the date of his appointment. He shall take the same oath of ottiee as is provided by law for other state officers, and before enterino: upon the discharge of his du- ties shall give bond, with sufficient sureties, to be approved bv the governor of the state, in the sum of fifty thousand dollars, for the faithful dis- (jharge of his duties as such officer. Sec. (). The said debris commissioner shall have the power to appoint a secretary, at a monthl. salary to be fixed by said commissioner, not ex ceeding one hundred and twenty-five dollars per month, said secretary to hold office at the pleasure of the said commissioner; provided, however, that no secretary shall be appointed until said debris commissioner shall enter upon the actual dis charge of his duties. Sec. 7. All expenditures authorized by the pro visions of this act shall be subject to the approval of the state board of examiners; and the state con troller is hereby authorized to draw his warrant for all expenditures not in excess of the appro- priation herein provided for so approved by the state board of examiners, and the state treasurer is Jiereby directed to pay the same. [Amendment approved March 17, 1897; Stats. 1897, chap, cxiii. In effect immediately.] Mine:s and Mining. ^ y. 5§jL- Au act to repeal an act entitled "An act regulat- ing the sale of mineral lands belonging to tne state," approved March 28, 1874, and the acts amendatory thereof, and to provide for the sale of mineral lands under United States laws. [Stat, approved April 1, 1897; Stats. 1897, chap, cclxx.] The People of the State of California, represented in Senate and Assembly, do enact as follows. Section 1. The following entitled acts of the legislature are hereby repealed, to wit: First— An act entitled "An act regulating the sale of mineral lands belonging to the State, ' ap- proved March twenty-eighth, eighteen hundred and seventy-four. Second— An act entitled "An act to amend an act entitled an act regulating the sale of mineral lands belonging to the State, approved March twenty-eighth, eighteen hundred and seventy- four," approved February third, eighteen hun- dred and seventy-six. Third— An act entitled "An act to amend an act entitled an act regulating the sale of mineral lands belonging to the state, approved Marcn twenty-eighth, eighteen hundred and seventy- four," approve.d April sixth, eighteen hundred and eighty. Sec. 2. Wlien it shall be shown by affidavits or otherwise, to the satisfaction of the surveyor gen- eral, that any portion of a sixteenth or thirty- sixth section belonging to the state is valuable for its mineral deposits, the surveyor general shall not approve any application to purchase the same, nor shall the register of the state land office issue a certificate of purchase therefor, until the ques- tion of the cliaracter of the land has been referred for determination to a court of competent juris- diction, in the manner provided by section thirty- four hundred and fourteen of the Political Code, and adjudged not to be valuable as mining land. Sec. 3. The sixteenth and thirty-sixth sections J^elonging to the state, in which there may be 592 Mines and Mining. found valuable mineral deposits, are hereby de- clared to be free and open to exploration, occupa- tion, and purchase of the United States, under the laws, rules, and regulations passed and prescribed by the United States for the sale of mineral lands. Sec. 4. This act shall take effect from and af- ter its passage. An act prescribing the i. anner of locating min- ing claims upon the public domain of the United States, recording notices of location thereof, amending defective locations, and providing for the deposit of district records with county recorders, and prescribing the effect to be given to recordation of notices of location and affidavits. [Stat, approved March 27, 1897; Stats. 1897, chap, clix.l The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The location of mining claims upon the public domain of the United States shall be made and perfected as provided in this act. Sec. 2. The discoverer of any vein or lode shall immediately, upon mailing a discovery, erect at the point of discovery a substantial monument or mound of roclis, and post thereon a preliminary notice which shall contain: First— The name of the lode or claim; Second— The name of the locator or locators; Third— The date of the discovery: Fourth— The number of linear feet claimed in length along the course of the vein each way from the point of discovery; Fifth— The width claimed on each side of the center of the vein; Sixth— The general course of the vein or lode, as near as may be; Seventh—That such notice is a first or prelimi- nary notice. Such notice shall be recorded in the office of the county recorder of the county in which the same Mines and Mining, 593 is posted Tvithiu twenty days after the postins: thereof. Upon the erection of said monument and posting such notice, the discoverer shall be al- lowed the period of time specified in section three of this act to enable him to perfect his location as hereinafter provided. Sec. 8. Within sixty days from the date of the discovery of a vein or lode, the discoverer must perform fifty dollars' worth of labor in develop- ing his discovery, and distinctly mnrk his lor'Mi -^ on the ground so that its boundaries can be readily traced, and must file in the ofllce of the county recorder of the county in which the claim'/^, Is situated, a certificate of location, which said^' certificate shall state: ' ^ 1. The name of the lode or claim; 2. The name of the locator or locators; 3. The date of discovery and posting of the notice, provided for in section two of this act, which shall be considered as the date ot the loca- tion; 4. A description of the claim, definine: the ex- terior boundaries as they are marked upon the ground, and such additional description by refer- ence to some natural objects, or permanent monu- ment, as will identify the claim. 5. A statement that such certificate is the final or completed notice of location, and that he has performed the aforesaid fifty dollars' worth of la- bor in development work thereon within the aforesaid sixty-day period, stating generally the nature thereof. Said certificate shall be dated and signed by or on behalf of the locator or lo- cators, and verified by them or by some one in their behalf, and when filed for I'ecord shall be deemed and considered as prima facie evidence of the facts therein recited. A copy of such certificate of location certified by the county recorder, sliall be admitted in evidence in all actions or proceed- ings with the same effect as the original. The performance of such labor shall be deemed a necessary act in completing such location and a part thereof, and no part thereof shall inure to the benefit of any subsequent location. Sec. 4. The discoverer of placer or other ■forms of deposit, subject to location and appro- 594 Mines and Mining. priation, under mining laws applicable to placers, shall locate his claim in the following manner: 1 irst— He must immediately post in a conspicu- ous place at the point of discovery thereon a notice or certificate of location thereof containing: (a) The name of the claim; (b) The name of the locator or locators; (,c) The date of the discovery and posting of the notice, hereinbefore provided for, which shall be considered as the date of the location; ^d) A description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys; otherwise, a description with reference to some natural object or permanent monument as will identify the claim, and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground, the same as other locations. Second— Within thirty days from the date of such discovery he must record such notice or cer- tificate of location in the office of the county re- corder of the county in which such discovery is made, and so distinctly mark his location on the ground that its boundaries can be readily traced. Third— Within sixty days from the date of the discovery the discoverer shall perform labor upon siK'h location or clnim in developing the [same] to an amount which shall be equivalent in the ag- gregate to at least ten dollars' ($10) worth of such labor for each twenty acres, or fractional part thereof, contained in such location or claim. A failure to perform such labor within said time, shall cause all rights under such location to be forfeited and the land covered thereby shall at once be open to location by qualified locators other than the preceding locators, but shall not in any event be open to location by such preceding locators, and any labor performed by them thereon shall not inure to the benefit of any sub- sequent locator thereof. Fifth— Such locator shall, upon the performance of such labor, file with the recorder of the county an affidavit, showing such performance, and generally the nature and kind of work so done. Mines and Mining. 595 Sec. 5. The affidavit provided for in the last section, and the aforesaid placer notice or certi- ficate of location when filed for record, shall be deemed and considered as prima facie evidence of the facts therein recited. A copy of such cer- tificate, notice, or affidavit certified by the county recorder, shall be admitted in evidence in all ac- tions or proceedings with the same effect as the original. Sec. 6. All locations of quartz or placer forma- tions or deposits, hereafter made, which do not conform to the requirements of this act, in so far as the same are respectively applicable thereto, shall be void. Sec. 7. No record of a mining claim or mill- site, made after the passage of this act, in the records of any mining district, shall be valid. All notices of location of mining claims, millsites, and other notices, heretofore recorded in such dis- trict records, if such notices conform to the local rules and regulations in force in such district, are hereby declared valid. Within thirty days after the passage of this act the district recorder or custodian of the records of the several mining dis- tricts in this state, shall transmit to the county recorders of the respective counties wherein the respective districts are situated, all the records of said respective districts, and thenceforward such county recorder shall be deemed and considered the legal custodian of such records. Thereafter copies of such records, certified by the county recorder, may be received in evidence with the same effect as the originals. Sec. 8. This act shall take effect and be In force sixty days after its passage. An act entitled an act relating to the working, rights of way. easement, and drainage , of mines In the state of California. /; . -^ [Approved March 31. 1891; Stats. 1891, p. ^iS^i^-^'/Uj Section 1. Whenever any mine-owner, compa^ n^"*"^ ny, or corporation ihall have performed the labor Vv^'j and made the improvements required by law for i the location and ownership of mining claims or , lodes, such owner, company, or corporation shall 596 Mines and Mining. file or cause to be filed, within thirty days after the time limited for performing such labor or making such improvements, with the county re- corder of deeds of the county in which the mine or claim is situated, particularly describing the labor performed and improvements made, and the value thereof, which affidavit shall be prima facie evidence of the facts therein stated. Upon the failure of any claimant or mine owner to comply with the conditions of this act in the performance of labor, or making of improvements upon any claim, mine, or mining ground, the claim or mine upon which such failure occurred shall be opened to relocation in the same manner as if no location of the same had ever been made. But if, pre- vious to relocation, the original locators, their heirs, assigns, or legal representatives, resume work upon such claim, and continue the same with reasonable diligence until the required amount of labor has been performed or improvements made, and the required statement of accounts and affidavits filed with the county recorder, then the claim shall not be subject to relocation be- cause of previous failure to file accounts. Upon the failure of any one of the several co-owners to contribute his portion of the expenditures re- quired hereby, the co-owners who have performed the labor or made the improvement may, at the expiration of the year, give such delinquent co- owner personal notice, in writing, or by publica- tion in the newspaper published nearest the claim for at least once a week for ninety days; and if, at the expiration of ninety days after such notice in writing or publication, such delinquent shall fail or refuse to contribute his portion of the expenditures required by this section, his interest in the claim shall become the property of his co- owners who made the required expenditures. A copy of such notice, together with an affidavit showing personal service or publication, as the case may be, of such notice, when filed or record- ed with the recorder of deeds of the county in which such mining claim is situated, shall be evi- dence of the acquisition of title of such co-owners. Where a person or company has or may run a tunnel or cuts for the purpose and in good faith for the purpose of developins: a lode, lodes, or claims owned by said person or company or corpo- ration, the money so expended in running said Missing Persons. 597 tunnel shall be taken and considered as expended on said lodes or claims; provided further, that said lode, claim, or claims shall be distinctly marked on the surface as provided by law. Sec. 2. All mining locations and mining claims shall be subject to a reservation of the right of way through or over any mining claims, ditches, roads, canals, cuts, tunnels, and other easements for the purpose of working other mines; provided, that any damage occasioned thereby shall be as- sessed and paid for in the manner provided by law for land taken for public use under the right of eminent domain. Sec. 8. Ths act shall take effect immediately. TITLE 184. MISSING PERSONS. An act authorizing the appointment of trustees for the estates of missing persons, and defining the duties of such trustees. [Approved March 23, 1893; Stats. 1893, p. 218.] Section 1. That whenever any resident of this state has been or may hereafter be missing, or his whereabouts unknown, for the period of ninety days, and any such person owns, is seised, or en- titled to the seisin or the possession of any real or personal property in this state, and it is repre- sented to the superior court, or a judge thereof, of any county in which such person owns any property, upon verified petition of the wife or of any relative or friend of such person, that his whereabouts has been unknown for such period of time and is still unknown, and that his estate requires the attention, supervision, and care of ownership. It shall be the duty of such court to appoint some suitable person or persons to take charge and possession of such estate as trustee, and to manage and control the same under the di- rection of said court. Sec. 2. That in appointing such trustee the court shall preferably appoint the wife of such missing person (if any such there be), or her nom- inee^, and in the absence of a wife, some person who would be entitled to participate in the dis- 598 Missing Persons. tribution of such missing person's estate were he dead; and the court shall have power to direct such trustee to pay to the person or persons con- stituting the family of such missing person such sum or sums of money, for family expenses and support, from the income of such estate, as it may from time to time determine. Sec. 3. That the bond of the trustee so appoint- ed shall be in double the amount of the estimated annual income of such estate; provided, that where such missing person has a wife living and no children, and the estate of such missing per- son is shown to be solvent, and the wife applies to be appointed trustee, the court shall require no bond of her. Sec. 4. It shall be the duty of such trustee or trustees to take possession of all the real and personal estate in this state of such missing per- son, and to collect and receive the rents, income and profits thereof; to collect all indebtedness owing to such missing person, and pay the costs and expenses thereof out of the trust fund, and to pay such indebtedness of such missing person as he may be authorized to do by the court mak- ing the appointment of the trustee; and he shall from time to time, as he may be directed, ac- count to and with said court for all of his or their acts and doings as trustee, and the court making such appointment may at any time, upon the ap- plication of any party interested, and upon good cause shown therefor, remove any trustee which It may so appoint, and appoint some other per- son oi" pea-sons trustee or trustees in liis or their place or stead. Sec. 5. Upon presentation of the verified petition mentioned in section one, the court or judge shall order the same to be filed with the clerk of tho court, and shall appoint a time for the hearing of gaid petition, not less than ten days from the date of said order; and the clerk shall publish no- tice In some newspaper published in said county, stating that such petition will be heard at the timo so appointed, in the court room of said court. Said notice shall be published for five days, and such other notice of said application shall be given in such manner and to such persons as the court or .iudge may direct. All orders, judgments, and decrees made in proceedings under this statute may be entered and recorded as and with the like MckIoc County— Mono County. 599 effect as other orders, judgments, and decrees in superior courts. From and after the presentation of said petition, and until decision rendered there- on, the wife of such missing person shall have all the powers of a trustee duly appointed and quali- fied under this act, and shall act as such trustee, subject to the direction of the court. Sec. 6. This act shall be in force from and after Its passage. TITLE 185. MODOC COUNTY. Consult the following acts: An act to create the county of Modoc, to establish the boundaries thereof, and to provide for its organization. [Approved February 17, 1874; 1873-4, 124.] An act supplemental to the foregoing act of Feb- ruary seventeenth, eighteen hundred and sev- enty-four. [Approved March 23, 1874; 1873-4, 517.] This act made provision for the hospital fund of Modoc county; also defined the powers of the commissioners as to the registry of voters; also provided for the levy of a tax for a building fund; and extended the act of March 26, 1857, in rela- tion to hogs found running at large in Colusa and other counties, over Modoc county. A reference to special acts relating to Modoc county may be found in Deering's Annotated Pe- nal Code, p. 639. TITLE 186. MONO COUNTY. A reference to local acts relating to Mono co*i»ty is contained in Deering's Annotated Pe- nal Code, pp. 639, 640. 600 Monterey— Mortgages. TITLE 187. MONTEREY. An act to repeal an act entitled "An act to incor- porate the city of Monterey," approved May 11, 1853, and acts amendatory thereof, ap- proved March 4, 1857, April 18, 1862, and April 2, 1866. [Approved March 16, 1889; 1889, 227.] See also an act to amend the act to reincorporate Salinas city, approved March 27, 1895, Stats. 1895, p. 206. TITLE 188. MONTEREY COUNTY. A reference to special acts relating to Monterey county is contained in Deering's Annotated Penal Code, pp. 640, 641. TITLE 189. ■y'' MORGUE. An act to provide for the construction and main- tenance of a public morgue in the city and county of San Francisco. This act was approved March 5, 1885; Stats. 1885, p. 25. TITLE 190. MORTGAGES. Acts relating to attorney's fee on foreclosure: See Code of Civil Procedure, Appendix, title, Mortgages, p. 863 et seq. Municipal Corporations, 601 TITLE 191. MUNICIPAL CORPORATIONS. MUNICIPAL CORPORATION BILL. SUMMARY OF CONTENTS. ChapTp" I. Organization of municipal corpora- tions, ^§ 1-8. Chapter II, Municipal corporations of the first class, over 100,000, §§ 19-288. Article I. General powers, § 19. II. General provisions relating to officers, §§ 20 29. III. Legislative department, §§ 40-107. IV. Executive department, §§ 118-204. V. Judicial department, §§ 213-246. VI. Educational department, §§ 247-272. VII. Miscellaneous provisions, §§ 286-288. Chapter III. Municipal corporations of the sec ond class, 30,000-100,000, §§ 300- 426. Article I. General powers, § 300. II. General provisions relating to officers, §§ 301-307. III. Legislative department, §§ 319-359. IV. Executive department, §§ 370-380. V. Judicial department, §§ 390-403. VI. Educational department, §§ 410-426. Chapter IV, Municipal corporations of the third class, 15,000-30,000, §§ 500-591. Article I. General powers, § 500. II. General provisions relating to officers, §§ 501-i III. Legislative department, §§ 520-536. IV. Executive department, §§ 550-553. V. Judicial department, §§ 560-563. VI. School department, §§ 570-579. VII. Miscellaneous provisions, §§ 590, 591. Gen. Laws. — 51 602 , Municipal Corporations. €hapter V. Municipal corporation of the fourtti class, 10,000-15,000, §§ 600-719. Article I. General powers, § 600. II. General provisions relating to officers, III. Legislative department, §§ 620-636. IV. Taxation, §§ 640-666. V. Executive department, §§ 670-681. VI. Judicial department, §§ 690-701. VII. School department, §§ 710-719. ^§ 601-611. Chapter VI. Municipal corporations of the fifth class, 3,000-10,000, §§ 750-812. Article I. General powers, § 750. II. General provisions relating to officers, §§ 751-758. III. Legislative department, §§ 760-778. IV. Executive department, §§ 786-791. V. School department, §§ 795-805. VI. Judicial department, §§ 806-808. VII. Miscellaneous provisions, §§ 810-813. Chapter VII. Municipal corporations of the sixth class, 3,000, §§ 850-886. !] Article I. General powers, § 850. ] II. General provisions relating to officers, §§ 851-857. I III. Legislative department, §§858-875. IV. Executive department, §§ 876-881. V. Judicial department, §§ 882-884. VI. Miscellaneous provisions, §§ 885, 886. Municipal Corporations. 003^ An Act to provide for the organization, incorpora- tion, and government of municipal corpora- tions. [Approved March 13, 1883.] CHAPTER I. Organization of Municipal Corporations. Cty or town may incorporate. Section 1. Any portion of a county containing not less than five hundred inhabitants, and not in- corporated as a municipal corporation, may be- come incorporated under the provisions of this act, and when so incorporated, shall have the powers conferred, or that may be hereafter con- ferred, by law, upon municipal corporations of the class to which the same may belong. Manner of proceeding in organizing a municipal corporation. Sec. 2. A petition shall first be presented to the board of supervisors of such county, signed by at least fifty of the qualified electors of the county, residents within the limits of such proposed corpo- ration, and the affidavit of three qualified electors residing within the proposed limits, filed with the petition, shall be prima facie evidence of the re- quisite number of signers. The petition shall set forth and particularly describe the proposed boun- daries of such corporation, and state the number of inhabitants therein, as nearly as may be, and shall pray that the same may be incorporated un- der the provisions of this act. Such petition shall be presented at a regular meeting of such board, and shall be published for at least two weeks be- fore the time at which the same is to be present- ed, in some newspaper printed and published in such county, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time, not G()4 Mimcipal Corporations. exceeding two months in all, and on the final hear- ing, shall make such changes in the proposed boundaries as they may find to be proper and shall establish and define such boundaries, and shall ascertain and determine how many inhabi- tants reside within such boundaries; provided, that any changes made by said board of super- visors shall not include any territory outside of the boundaries described in such petition. The boundaries so established by the board of super- visors shall be the boundaries of such municipal corporation until by action, authorized by law for the annexation of additional territory to, or the talking of territory from, said municipal cor- poration, such boundaries shall be changed; pro- vided, whenever it shall appear to the board of supervisors that the boundaries of any munici- pal corporation have been incorrectly described, the board shall direct the county surveyor to as- certain and report a description of the boundaries. The board of supervisors shall, at their first regu- lar meeting after the filing of the report of the county surveyor, cause notice to be published in some newspaper published in the county, that the report will be acted upon at the next regular meeting of the board, and at said meeting the board shall ratify the report of the county sur- veyor, with such modifications as they shall deem necessary, and the boundaries so established shall be the legal boundaries of said municipal corpora- tion. They shall then give notice of an election to be held in such proposed corporation for the pur- pose of determining whether the same shall be- come incorporated. Such notice shall particularly describe the boundaries so established, and shall state the name of such proposed corporation, and the number of inhabitants so ascertained to reside therein, and the same shall be published for at least two weeks prior to such election, in a news- paper printed and published within such bound- aries, or posted for the same period in at least four public places therein. Such notice shall re quire the voters to cast ballots, which shall con- tain the words "For incorporation," or "Against Incorporation," or words equivalent thereto, and also the names of persons voted for to fill the va- rious elective municipal offices prescribed by la"v» for municipal corporations of the class to whicb Municipal Corporations, 605 such proposed corporation will belong. [Amend- ment, approved March 19, 1889; Stats. 1889, p. 371^ In effect immediately.] Election, how conducted. Sec. 3. Such elections shall be conducted in ac« cordance with the general election laws of the state, and no person shall be entitled to vote there- at unless he shall be a qualified elector of the county, enrolled upon the great register thereof, and shall have resided within the limits of such proposed corporation for at least sixty days next preceding such election. The board of supervis- ors shall meet on the Monday next succeeding such election, and proceed to canvass the votes cast thereat; and if, upon such canvass, it appears that the majority of the votes cast are for the in- corporation, the board shall, by an order entered upon their minutes, declare such territory duly Incorporated as a municipal incorporation of the class to which the same shall belong, under the name and style of the city (or town, as the case may be) of (naming it), and shall declare the person receiving, respectively, the highest num- ber of votes for such several offices to be duly elected to such offices. Said board shall cause a copy of such order, duly certified, to be filed in the office of Secretary of State, and from and after the date of such filing, such incorporation shall be deemed complete, and such officers shall be en- titled to enter immediately upon the duties of their respective offices, upon qualifying in accord- ance with law, and shall hold such offices respec- tively only until the next general municipal elec- tion to be held in such city or town, and until their successors are elected and qualified; and it shall not be necessary in any action, civil or crim- inal to plead and prove the organization or exist- ence of such corporation, and the courts shall take judicial cognizance thereof without proof. [Amendment approved March 19, 1889; Stats. 1889, p. 371. In effect immediately.] How incorporated city or town may incorporate under this law. Sec. 4. The common council, board of trustees, or other legislative body of any city and county, city, or town, organized or incorporated prior to th^M^rst day of January, eighteen hundred and 600 Municipal Corporations, elgMy, at twelve o'clock, meridian, shall, upon re- ceiving a petition therefor, signed by not less than one fifth of the qualified electors of such city and county, city or town, as shown by the vote cast at the last municipal election held there- in, submit to the electors of such city and county, city, or town, at the next general election to be held therein, the question whether such city and county, city, or town shall become organized un- der the general laws of the state relating to muni- cipal corporations of the class to which such city and county, city, or town may belong. Notice that such question will be so submitted shall be given by publication in a newspaper printed and published in such city and county, city, or town; or if there be no newspaper printed and published therein, by printing and posting the same in at least four public places therein, includinsr the place or places where such election is to be held. Such notice shall be so published or posted for at least four weeks prior to such election, and shall also be made a part of the general election no- tice. Such notice shall distinctly state the propo- sition to be so submitted, and shall designate the class to which such corporation belongs, and shall invite the electors thereof to vote upon such prop- osition by placing upon their ballots the words "For reorganization," or "Against reorganization," or words equivalent thereto. The votes so cast shall be canvassed at the time and in the manner In which the other votes cast at such election are canvassed. If, upon such canvass, a majority of all the electors voting at such election shall be found to have voted for such reorganization, the said council, board, or other legislative body shall, by an order entered upon their minutes, cause their clerk, or other officer performing the du- ties of clerk, to make and transmit to the Sec- retary of State a certified abstract of such vote; which abstract shall show the whole number of electors voting at such election, the number of votes cast for reorganization, and the number of votes against reorganization. Said council, board, or other legislative body shall immediately there- after call a special election for the election of the officers required by law to be elected in corpora- tions of the class to which such city and county, city, or town shall belong, which election shall be Municipal Corporations. 607 held within six weeks thereafter. Such election shall be held in all respects in the manner pre- scribed, or that may hereafter be prescribed, by law for municipal elections in corporations of such class, and shall be canvassed by the coun- cil, board, or other legislative body callin.£r the same, who shall immediately declare the result thereof, and cause the same to be entered upon their journal. From and after the date of such entry, such corporation shall be deemed to be or- ganized under such general laws, under the name and style of the city and county (or city or town as the case may be) of (naming it), with the powers conferred, or that may hereafter be con- ferred, by law upon municipal corporations of the class to which the same may belong; and the officers elected at such election shall be entitled Immediately to enter upon the duties of their re- spective offices, upon qualifying in accordance with law, and shall hold such offices, respectively, only until the next general municipal election to be held in such city and county, city, or town, and until their successors are elected and qualified. Effect of reincorporation. Sec. 5. Any city and county, city or town or- ganized under the provisions of section four of this act shall, for all purposes, be deemed and taken to be in law the identical corporation there- tofore incorporated and existing; and such reor- ganization shall in no wise affect or impair the ti- tle to any property owned or held by such corpo- ration, or in trust therefor, or any debts, demands, liabilities, or obligations existing in favor of or against such corporation, or any proceeding then pending; nor shall the same operate to repeal or affect in any manner any ordinance theretofore passed or adopted and remaining unrepealed, or, to discharge any person from any liability, civil or criminal, then existing, for any violation of any such ordinance; but such ordinances, so far as the same are not in conflict with such general laws, shall be and remain in force until repealed or amended by competent authority; provided, that proceedings theretofore commenced shall, after such reorganization, be conducted in accordance with the provisions of such general laws. Duty of outgoing officers. S'ec. 6. As soon as the officers elected under the t)OS Municipal Corporations. provisions of either section three or section four of this act shall have qualified in accordance with law, all persons, if any, then in possession of the offices of such corporation, shall immediately quit and surrender up th© possession of such offices, and shall deliver to the officers so elected all moneys, books, papers, or other things in their official custody, and all property of such corpora- tion in their hands, notwithstanding that the terms of office for which they were respectively elected or appointed may not then have expired; and all officers, boards, and persons holding any property in trust for any public use, the admin- istration of which use is vested by such general laws in such corporation, or in any of its officers, shall, upon demand from such corporation or such officers, convey such property to such corporation or such officers, by good and sufficient deeds of conveyance, in trust for such public use. Boundary, how changed. Sec. 7. The boundaries of any municipal corpo- ration may be altered, and new territory included therein, after proceedings had as required in this section. The council, board of trustees, or other legislative body of such corporation shall, upon receiving a petition therefor, signed by not less than one fifth of the qualified electors thereof, as shown by the vote cast at the last municipal elec- tion held therein, submit to the electors of such corporation, and to the electors residing in the territory proposed by such petition to be annexed to such corporation, the question whether such ter- ritory shall be annexed to such corporation and become a part thereof. Such question shall be submitted at a special election, to be held for that purpose, and such legislative body shall give no- tice thereof by publication in a newspaper printed and published in such corporation, and also in a newspaper printed and published outside of such corporation, and in the county in which such ter- ritory so proposed to be annexed is situated, in both cases for a period of four weeks prior to such election. Such notice shall distinctly state the proposition to be so submitted, and shall de- signate specifically the boundaries of the terri- tory so proposed to be annexed; and the electors shall be invited thereby to vote upon such proposi- tion, by placing upon their ballots the words "For Municipal Corporations. 609 annexation," or "Against annexation," or words equivalent thereto. Such legislative body shall also designate the place or places at which the polls will be opened in such territory so proposed to be annexed, which place or places shall be that or those usually used for that purpose with- in such territory, if any such there be. Such leg- islative body shall also appoint and designate in such notice the names of the officers of election. Such legislative body shall meet on the Monday next succeeding the day of such election, and pro- ceed to canvass the votes cast thereat. The votes cast in such territory so proposed to be annexed shall be canvassed separately, and if it shall ap- pear upon such canvass that a majority of all the votes cast in such territory and a majority of all the votes cast in such corporation shall be for annexation, such legislative body shall, by an or- der entered upon their minutes, cause their clerk, or other officer performing the duties of clerk, to make and transmit to the Secretary of State a certified abstract of such vote; which abstract shall show the whole number of electors voting in such territory, the whole number of electors vot- ing in such corporation, the number of votes cast in each for annexation, and the number of votes cast in each against annexation. From and af- ter the date of the filing of such abstract, such an- nexation shall be deemed complete, and thereafter such territory shall be and remain a part of such corporation; provided, that no property within such territory so annexed shall ever be taxed to pay any portion of any indebtedness of such cor- poration, contracted prior to or existing at the date of such annexation. If the territory so pro- posed to be annexed consists, in whole or in part, of any municipal corporation, or part thereof, such territory shall not be annexed under the provisions of this section. Municipal corporations, how consolidated. Sec. 8. Two or more contiguous municipal cor- porations may become consolidated into one cor- poration after proceedings had as required in this section. The council, board of trustees, or other legislative body of either of such corporations shall, upon receiving a petition therefor, signed by not less than one-fifth of the qualified electors of each 610 Municipal Corporations. of such corporations, as shown by the votes cast at the last municipal election held in each of such corporations, submit to the electors of each of such corporations the question whether such cor- porations shall become consolidated into one cor- poration. Such legislative body shall designate a day upon which a special election shall be held in each of such corporations to determine whether such consolidation shall be effected, and shall give written notice thereof to the council, board of trustees, or other legislative body of each of the other of such corporations, which notice shall designate the name of the proposed new corpora- tion. It shall thereupon be the duty of such leg- islative body of each of the corporations so pro- posed to be consolidated to give notice of such election, by publication in a newspaper printed and published in such corporation, for a period of four weeks prior to such election. Such notice shall distinctly state the proposition to be so sub- mitted, the name of the corporations so proposed to be consolidated, the name of the proposed new corporation, and the class to which such proposed new corporation will belong; and shall invite the electors to vote upon such proposition by placing upon their ballots the words "For consolidation," or "Against consolidation," or words equivalent thereto. The legislative bodies of each of such corporations shall meet in joint convention at the usual place of meeting of the legislative body of that one of such corporations having the greatest population, as shown by the last federal census, on the Monday next succeeding the day of such election, and proceed to canvass the votes cast thereat. The votes cast in each of such corpora- tions shall be canvassed separately; and if it shall appear upon such canvass that a majority of the votes cast in each of such corporations shall be for consolidation, such joint convention, by an or- der entered upon their minutes, shall cause the clerk, or other officer performing the duties of clerk, of the legislative body at whose place of meeting such joint convention is held, to make a certified abstract of such vote; which abstract shall show the whole number of electors voting at such election in each of such corporations, the number of votes cast in each for consolidation. Municipal Corporations. 611 and the number of votes cast in each against con- solidation. Such abstract shall be recorded upon the minutes of the legislative body of each of such corporations; and immediately upon the rec- ord thereof, it shall be the duty of the clerk, or other officer performing the duties of clerk, of each of such legislative bodies to transmit to the Secretary of State a certified copy of such ab- stract. Immediately after such filing, the legisla- tive body of that one of such corporations having the greatest population, as shown by the last fed- eral census, shall call a special election, to be held in such new corporation for the election of the officers required by law to be elected in cor- porations of the class to which such new corpo- ration shall belong, which election shall be held within six months thereafter. Such election shall be called and conducted in all respects in the manner prescribed, or that may hereafter be pre- scribed, by law for municipal elections in corpo- rations of such class, and shall be canvassed by the legislative body so calling the same, who shall immediately declare the result thereof, and cause the same to be entered upon their journal. From and after the date of such entry, such corpora- tions shall be deemed to be consolidated into one corporation, under the name and style of the city and county for city or town as the case may be) of (naming it), with the powers conferred, or that may hereafter be conferred, by law upon mu- nicipal corporations of the class to which the same shall so belong; and the officers elected at such election shall be entitled immediately to enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, respectively, only until the next general municipal election to be held in such city and county, city, or town, and until their succes- sors are elected and qualified. All the provisions of sections five and six of this act shall apply to such corporation and to the officers thereof; pro- vided, that no property within either of the for- mer corporations so consolidated shall ever be taxed to pay any portion of any indebtedness of either of the other of such former corporations contracted prior to or existing at the date of such consolidation. 612 Municipal Corporations. CHAPTER II. Municipal Corporations of the First Class. (Cities having a population of more than 100,000.) Article I.— General Powers. First Class. Sec. 19. Every municipal corporation of the first class shall be entitled the city and county of • , or the city of (naming it), as the case may be, and by such name shall have perpetual succes- sion, may sue and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common benefit. Article II.— General Provisions Relating to Officers. Names, numbers, and terms of officers. Sec. 20. There shall be elected by the qualified voters of such city, or city and county, at the gen- eral state election to be held on the first Tuesday after the first Monday of the month of November in each even-numbered year, the following officers, viz: A mayor, sheriff, auditor, tax collector, treas- urer, county clerk, recorder, district attorney, city or city and county attorney, coroner, surveyor, superintendent of streets, twelve school directors, six justices of the peace, public administrator, and two police judges, who shall hold office for two years. The terms of such officers shall com- mence on the first Monday after the first day of January next following their election. Also, twelve aldermen, in the manner, and who shall hold office, as provided in section forty-one of this chapter, and twelve assistant aldermen, who shall hold office as provided in section forty-three of this chapter. Municipal Corporatious. 613 What offices kept open. Sec. 21. The mayoi*, sheriff, county clerk, county recorder, treasurer, district attorney, auditor, tax collector, assessor, city or city and county attorney^ superintendent of streets, and surveyor shall keep public offices, which shall be kept open for the transaction of business every day in the year except Sundays, Christmas, New Year's, Fourth of July, Thanksgiving, the twenty-second of Febru- ary, and on any days during which a general elec- tion shall be held, between the hours of nine o'clock A. M. and five o'clock P. M. Manner of tilling vacancies. Sec. 22. Whenever vacancies occur in any of the elective offices of such city, or city and county, and provision is not otherwise made in this or some other act for filling the same, the mayor shall appoint, subject to the confirmation of the board of aldermen, a person to discharge tlie duties of such office until the next election, when the va- cancy shall be tilled by election for the unexpired term. All persons so appointed shall, before enter- ing upon their duties, take the oath of office, and give bonds as required by law. W^hat fees paid out of treasury. Sec. 23. No fees or compensation to be paid out of the treasury, other than those expressly al- lowed in this chapter, shall be allowed or received by any officer of such city, or city and county, or of any district, or other sub- division thereof; nor shall any allowance or pro- vision be made for them, or any of them, at the public expense beyond the fixed compensation here- in provided under the name of office rent, fuel, lights, stationery, contingencies, extra services, or otherwise, except the compensation or percentage allowed to the tax collector and to the assessor in the collection of poll-taxes, and except that the necessary and proper books, stationery, and offi- cial blanks may, at the discretion of the munici- ; pal council, be purchased and supplied for all the I courts of such citj, or city and county, its officers, 1 municipal council, and other boards, and officers, I the expense whereof, when the amount in each j particular case shall have been previously author- } ize(|, and fixed by the municipal council, may be ' Gen. Laws— 52 614 Municipal Corporations. paid out of the general fund, upon demand upon the treasury duly audited, as' in this chapter pro- vided. Bonds, how given. Sec. 24. All officers of such city, or city and county, must, before they can enter upon their offi- cial duties, give a bond as required by law. The bonds and sureties of such officers must be ap- proved by the president of the board of aldermen, auditor, and a judge of the superior court, in and for such city and county, or in and for the county in which such city may be situated. When the amount of such official bond is not fixed by law, it shall be fixed by the municipal council. No banlver residing or doing business in such city, or city and county, nor any such banlier's partner, clerlx, employee, agent, attorney, father, or broth- er, shall be received as surety for the treasurer, mayor, sheriff, auditor, or any officer having the collection, custody, or disbursement of money. No person can be admitted as surety on any such bond unless he be worth, in fixed property, includ- ing mortgages, situated in such city, or city and county, the amount of his undertaking over and above"^ all sums for which he is already liable, or in any manner bound, whether as principal, indors- er, or security, or whether such prior obligation or liability be conditional or absolute, liquidated, or unliquidated, certain or contingent, due or to be- come due. All persons offered as sureties on offi- cial bonds must be examined on oath touching their qualifications. The official bond of the audi- tor shall be filed and kept in the office of the clerk of such city, or city and county. All other official bonds shall be filed and kept in the office of the auditor; provided that the bonds and sure- ties of the mayor must be approved by the chair- man of the house of assistant aldermen, auditor, and a judge of the superior court in and for such city and county, or in and for the county in which such city may be situated; and that the bonds and sureties' of the auditor must be approved by the president of the board of aldermen, the chairman of the house of assistant aldermen, and a judge of the superior court in and for such city and county, or in and for the county in which such city may be situated. Municipal Corporations. 615 Compensation. Sec, 25. The compensation or salary of an offi- cer provided for in this chapter shall not be in- creased or reduced after his election or during his term of office. Salaries. Sec. 2G. The salaries of the officers, clerks, dep- uties, or employees of such city and county, ex- cept as otherwise in this chapter provided, shall be as follows, and payable in monthly installments at the end of each and every month, viz: Mayor and clerk. 1. The salary of the mayor shall be four thou- sand dollars per annum; he may appoint a clerk, to be known as the mayor's clerk, whose salary shall be one thousand eight hundred dollars per annum. Sheriff, deputies, attorney, etc. 2. The salary of the sheriff shall be six thousand dollars per annum; he may appoint one under- sheriff, whose salary shall be two thousand four hundred dollars per annum; one book-keeper, whose salary shall be two thousand four hundred dollars per annum, he may appoint twen- ty-five deputies, each of whom shall receive a sal- ary of one thousand six hundred dollars per annum, one of which said deputies shall be as- signed to and perform the duties of assistant book- keeper; sixteen deputies, whose salaries shall be one thousand five hundred dollars per annum; one counsel, who shall be an attorney of the supreme court of the state, whose salary shall be one thou- sand eight hundred dollars per annum: one ma- tron, whose salary shall be nine hundred dol- lars per annum; one driver of prison wagon, whose ] salary shall be nine hundred dollars per annum. I Auditor and deputies. 3. The salary of the auditor shall be four thou- sand dollars per annum; he may appoint one ; deputy, whose salary shall be two thousand four ! hundred dollars per annum; and two clerks, at a t salary of one thousand six hundred dollars per : annum each. Treasurer and deputies. 4. The salary of the treasurer shall be four thou- sand dollars per annum; he may appoint one chief 616 Municipal Corporations. deputy, whose salary sliall be two thousand four ' hundred dollars per annum, and one deputy, wliose salary shall be two thousand one hundred dollars per annum. Tax collector, deputies, etc. 5. The salary of the tax collector shall be four thousand dollars per annum; he may appoint one chief deputy, one cashier, each of whom shall re- ceive a salary of two thousand dollars per annum, and ten permanent deputies, whose salary shall be one thousand six hundred dollars per annum each. Assessor, deputies, etc. 0. The salary of the assessor shall be four thou- sand dollars per annum; he may appoint one chief office deputy, one chief field deputy, and one head draughtsman, each of whom shall receive a sal- ary of two thousand dollars per annum; an assist- ant draughtsman, who shall receive a salary of one thousand eight hundred dollars per annum; and eleven office deputies, each of whom shall re- ceive a salary of one thousand eight hundred dol- lars per annum. He may also appoint such addi- tional deputies as may be allowed by the munici- pal council, at salaries not to exceed five dollars per day each, for such time as they may be em- ployed. Recorder, deputies, etc. 7. The salary of the recorder shall be three thou- sand dollars per annum; he may appoint one chief deputy, whose salary shall be two thousand four hundred dollars per annum, and two deputies, each of whom shall receive a salary of one thousand eight hundred dollars per annum; also, two porters, who shall perform the duties of watchmen, each of whom shall receive a salary of nine hundred dollars per annum. County clerk, deputies, etc. 8. The salary of tlie county clerk shall be four thousand dollars per annum ; he may appoint depu- ties as follows: one chief deputy, whose salary shall be two thousand four hundred dollars per annum; twelve courtroom clerks, twelve registry clerks, each of whom shall receive a salary of one Municipal Corporations. 017 thousand eight hundred dollars per annum; twelve assistant registry elerlis, each of whom shall receive a salary of one thou- sand five hundred dollars per annum; and twelve copyists, eacli of whom shall receive a salary of one thousand six hundred dollars per annum; and such county clerk, when the exigencies of his of- fice shall require, may, in his discretion, employ such additional copyists as shall be necessary, at a compensation not to exceed three dollars per day for the days of actual service, provided, said number shall not exceed at any one time three copyists for each judge of the superior court, to be paid from the treasury in the same manner as the salaries herein provided for are to be paid. District attorney, assistants, etc. 9. The salary of the district attorney shall be five thousand dollars per annum; he may appoint two assistants, who shall be attorneys of the supreme court of this state, each of whom shall receive a salary of tAVo thousand four hundred dollars per annum, and two clerks, who shall be attorneys of the supreme court of the state, each of whom shall receive a salary of one thousand five hundred dollars per annum. City and county attorney and assistants. 10. The salary of the city, or citj^ and county, attorney shall be four thousand dollars per an- num; he may appoint two assistants, who shall be attorneys of the supreme court of this state, each of whom shall receive a salary of two thousand four hundred dollars per annum; and one copy- ist, who shall receive a salary of nine hundred dollars per annum. Coroner and deputies. 11. The salary of the coroner shall be three thou- sand dollars per annum; he may appoint two dep- uties, one to act as first deputy, whose salary shall be one thousand six hundred dollars per annum, the other to act as second deputy and whose salary shall be one thousand five hundred dollars per an- num; and one messenger, to take charge of the dead-wagon, and perform such other duties as are reciTrfi?ed by the coroner or his deputies. The sal- 618 Municipal Corporations. ary of the messenger sliall be nine liundred dollars per annum. Superintendent of streets and deputies. 12. Tlie salary of superintendent of streets shall be four thousand dollars per annum; he may ap- point twenty deputies; three of said deputies shall receive a salary of two hundred dollars per month each, and seven of said deputies shall receive a salary of one hundred and fifty dollars per month each, and ten of said deputies shall receive a sal- ary of one hundred and twenty-five dollars per month each. Surveyor. 13. The salary of the city, or city and county, surveyor, shall be four thousand dollars per an- num; he may appoint as many deputies, not to ex- ceed four, as the municipal council shall from time to time determine are necessary, who shall receive such compensation as such municipal council shall provide, not to exceed the sum of five dollars per day when actually employed. Superintendent of schools. 14. The salary of the superintendent of schools shall be three thousand dollars per annum. Police .iudge. 15. The salary of each of the police judges shall be four thousand dollars per annum. Prosecuting attorney. 16. The salary of the prosecuting attorney of the police court shall be twenty-four hundred dol- lars per annum; and his two assistants shall each receive a salary of one thousand five hundred dollars per annum. Justices of the peace. 17. The salary of the presiding justice of the justices' court shall be three thousand dollars per ftnnum; and each of the other justices of the peace shall receive a salary of two thousand four hundred dollars per annum. Clerk of the justices' court. 18. The salary of the clerk of the justices' court shall be two thousand four hundred dollars per an- num; his two deputies shall receive a salary of one thousand two hundred dollars per annum. Municipal Corporations. 619 Collector of licenses. 19. The salary of the collector of licenses shall be three thousand dollars per annum. He may ap- point one chief deputy, who shall receive one thou- sand eight hundred dollars per annum, and twelve deputies, who shall receive a salary of one thou- sand five hundred dollars per annum each. Officers not to be interested in contracts, etc. Sec. 27. Any officer or commissioner of such city, or city and county, or any officer or member of any house, board, or department of the govern- ment thereof, who shall be directly or indirectly interested in, or a beneficiary or participant of, the profits of any contract made with or for such city, or city and county, or any board or depart- ment thereof, or who shall participate in the profits made by any person or persons upon services, labor, purchases, sales, subsistence, supplies, materials, or any article or thing furnished to or done for such city, or city and county, or any institution, public work, or branch, or department of the government thereof, or sold by the same, which contract, profit, purchase, sale, or supply is made, or could have been made, influenced, or brought about, through or by means of the official action or conduct of such officer, commissioner, or member of such board, except the official salary or compensation of such officer, commissioner, or member of such board or de- partment provided expressly by law, shall be deemed guilty of a felony, and, on conviction by any court of competent jurisdiction, punished ac- cordingly. Any commissioner, officer, clerk, or other person having custody of or access to any bids or proposals, whether sealed or otherwise, for supplying or -furnishing any goods, provisions, subsistence, labor, material, printing, or other thing of any nature, or constructing, cleaning, or repairing any work or thing, or doing or fur- nishing anything whatsoever to such city and county, or any department, board, commissioner, or officer thereof, who shall open or examine into any one or more of such bids, proposals, or change, interline, alter, or otherwise tamper with the same, or shall purposely find out the contents tfiei'eof, or who shall aid, abet, assist, or permit 620 Municipal Corporations. another so to do, before or in advance of tlie time prescribed by law for the openina: thereof, or any lawful postponement of such time, shall be deem- ed guilty of a felony, and, on conviction by any court of competent jurisdiction, shall be pun- ished accordingly. Questions of difference, how settled. Sec. 28. All questions of differences between the ofBcers of such city, or city and county, as to their relative duties, may be referred by either of them to the city, or city and county, attorney, who shall examine and determine such questions, and his decision shall be final as between such officers. Reports of officers. Sec. 29. The following officers, and the heads of the following departments of such city, or city and county, shall report to the municipal council on or before the first day of August of each year the condition of their respective depart- ments during the fiscal year ending June thirtieth previous thereto, embracing all their operations and expenditures: Auditor, assessor, tax collector, county clerk, superintendent of streets, fire de- partment, hospital, alms-house, park commission- ers, treasurer, sheriff, county recorder, city, or city and county surveyor, license collector, public schools, fire-alarm and police telegraph, pound- keeper, board of health, city or city and county attorney, industrial school, police, coroner, healtli- oflicer, justices' court, city-hall commissioners, home for the care of the inebriate, board of elec- tion directors, commissioner of elections, house of correction, city cemetery, free public library, and the building committee of the municipal council. Immediately after the first Monday in February, the mayor and municipal council shall make up and publisli an extract from these several reports and other sources, of the operations, expendi- tures, and condition of all departments of govern- ment of such city, or city and county. Municipal Corporations. 621 Article III. — Legislative Department. Legislative power, how vested. Sec. 40. The legislative power of such city, or city and county, shall be vested in a body to be styled the "municipal council," which shall be composed of two boards or houses of legislation, one to be called the "board of aldermen," and the other the "house of assistant aldermen." Board of aldermen, how elected. Sec. 41. The board of aldermen shall consist of twelve persons, to be elected by general ticket, from the city, or city and county, at large, the members of which shall hold office for the term of four years, to commence on the first Monday af- ter the first day of January next following their election, except that of the aldermen, who are elected at the first election under this chapter: the six receiving the smallest number of votes shall hold their office for two years only: so that thereafter only six shall be elected every two years. In case of a tie vote at such first election, the question of which aldermen shall hold the fuli and which the short term shall be determined be- tween the candidates so tied by lot. The alder- men shall receive each a salary of one thousand two hundred dollars a year, payable in monthly installments, out of the general fund. Secretary. Sec. 42. The board of aldermen shall appoint a secretary, with a salary not to exceed two hun- dred dollars a month, who shall keep the records of said board. He shall hold office during the pleasure of the board. He shall have power to administer oaths and affirmations in all cases, and to certify and authenticate copies of all records, papers, and documents in his official custody, and shall perform any other services required by the board. Assistant aldermen. Sec. 43. The house of assistant aldermen shall jisi,st of twelve persons, to be elected every two 622 Municipal Corporations. years, one each by the qualified electors of the re- spective wards, into twelve of which such city, or city and county, shall be divided for such purpose. The assistant aldermen shall hold office for the term of two years, to commence on the first Monday after the first day of January next following their election, and shall receive each a salary of one thousand two hundred dollars a year, payable monthly out of the general fund. Salary of clerk. Sec. 44. The house of assistant aldermen may appoint a clerk, who shall keep their records, and hold office during their pleasure. He shall have a salary not to exceed two hundred dollars a month; shall have power to administer oaths and affirma- tions, and to certify and authenticate all records, documents, and papers in his official custody. He shall perform any other service required of him by the house. Vacancy, how filled. Sec. 45. Any vacancy occurring in either board shall be filled by the mayor; and the person ap- pointed to fill such vacancy shall hold office till the next election by the people, and until his suc- cessor is qualified. Qualification. Sec. 4G. Every member of the board of alder- men shall be a qualified voter, at least twenty- five years of age, and shall have been a citizen of the United States and of this state, and a resident of such city, or city and county, for three years next before his election or appointment. Qualification. Sec. 47. Every member of the house of assistant aldermen shall be a qualified voter, at least twen- ty-five years of age, shall have been a citizen of the United States and of this state, and a resident of such city, or city and county, at least two years, and of the ward from which he is elected or appointed at least one year next before his election or appointment. Qualification. Sec. 48. Every member of either branch of the municipal council shall, at all times during his incumbency of said office, possess the following Municipal Corporations. 623 qualifications: He shall not be, directly or indi- rectly, interested in any contract with such city, or city and county, or any department or institu- ,tion thereof. He shall not have been convicted of malfeasance in office, bribery, or other corrupt practices or crimes. Any member who fails to pos- sess, or who shall at any time during his term of office cease to possess, any of the qualifications mentioned in this act as a qualification shall there- by forfeit his seat in the board or house to which he belongs, and the vacancy shall be filled as in other cases. If any member of either branch ab- sent himself from the state, or neglect to attend the meeting of the board or house to which he be- longs, for a period of thirty days, his office shall be declared vacant by said board, and a successor must be appointed, to hold till the next election by the people, as provided in other cases. Rules of houses of aldermen. Sec. 49. Each board or house shall elect its own officers, except as to the presiding officer of the board of aldermen. The mayor shall preside at all the sessions of the board of aldermen, without the right to vote. In his absence, during any session, the board shall appoint one of its members as president pro tempore, who shall, however, have the same right to vote as other members. Each house shall be the judge of the election returns and qualifications of its own members, and may determine the rules of its own proceedings, ex- cept as herein provided. Each house shall keep a record of its acts, and allow the same to be pub- lished, and the yeas and nays on any question shall, at the request of any member, be entered on the journal of the house; may arrest and punish by fine, not exceeding five hundred dollars, or im- prisonment as provided by ordinance, not exceed- ing thirty days, or both, any person not a member who shall be guilty of disrespect to the board or house by disorderly or contemptuous behavior in its presence during its session; may punish its members for disorderly conduct, and, with the con- currence of .two-thirds of all the members elect, may expel a member. 624 Municipal Corporations. Quorum. Sec. 50. Tlie house of assistant aldermen shall elect one of their own number presiding oiaQcer of said house, who shall be designated as. the "chair- man" thereof. A majority of the members of either house shall constitute a quorum to do busi- ness; and no regulation, resolution, ordinance, or order of either house can pass without the concur- rence of a majority of all the members elected or appointed to such house; but a smaller number may adjourn from day to day, and may compel the attendance of. absent members, in such man- ner and under sucli penalties as the house or board may provide. Sessions shall be public. Sec. 51. All sessions, acts, and resolutions of each house shall be public. Neither house shall^ without the consent of the other, adjourn for more than seven days at any one time, nor to any other place than that in which the two houses may be sitting. Not eligible to any other office. Sec. 52. No member of the municipal council shall, during the time for which he is elected, be eligible or appointed to any other office under the >city, or city and county, except such offices as may be filled by election by the people; nor shall any member, while such, be an employee of such city, or city and county, or any board or deuart- ment thereof, or of either branch of the municipal council, in any capacity whatever; and no compen- sation shall be audited or paid for services as such officer or employee; and no act, ordinance, or reso- lutions shall ever be passed whereby any mem- ber of either house shall become the disbursing .officer of such city, or city and county, or any board or department thereof, or pay out any of its money upon any pretense whatever. Limitations on contracts. Sec. 53. No member of tlie municipal council, or of the board of education, or any officer of such city, or city and county, or of any w^rd thereof, shall have any power to contract any debt or lia- bility whatsoever against sucli city, or city and county, nor shall the people, or tax-payers, or any Municipal CorpoTations. 625 property therein, ever be liable to be assessed for or on account of any debt or liability hereafter contracted, or attempted to be contracted, in con- travention of this chapter. Finance committee. Sec. 54. The municipal council shall appoint a. joint committee of five, three from the board of aldermen, and two from the house of assistant al- dermen, to be denominated the "finance commit- tee," which committee may at any time, and shall whenever required by the municipal council, or either branch thereof, investigate the transactions and accounts of any and all officers appertaining^ to the government of such city, or city and coun- ty, having the collection, custody, or disbursement of public money, or having the power to approve, allow, or audit demands on the treasurer, and re- port thereon to the municipal council. Said com- mittee shall have full power to send for all per- sons and papers, and enter into, examine, inquire* and investigate all offices and places, to admin- ister oaths and affirmations, to examine witnesses, and compel their attendance by subpoena and at- tachment for contempt, and the production of rec- ords, books, and papers, and may imprison in the city or county jail any person refusing to appear or testify, as well as any officer or person failing or refusing obedience to the orders to show rec- ords, papers, or booivs, or to testify when required so to do. The sheriff or any policeman of such city, or city and county, shall enforce all orders of said committee, and attend upon it in like man- ner as upon courts of record. The mayor may be present and participate in such investigations. When municipal council shall meet. Sec. 55. The municipal council shall meet on the^ first Monday after the first day of January, and on the first Mondays of April, July, and October of each year, and at such other times as required by law, and may be specially convoked by the mayor as herein provided. Passage of ordinances. Sec. 56. No ordinance shall be passed except by bill, and no bill shall be so amended in its pas- s^sk as to change its original object. No bill shall ■ Gen. Laws— 53 1)20 Municipal Corporations. contain more than one subject, whicli shall be ex- pressed by its title. On the final passage of all bills the vote shall be by "yeas" and "nays" upon each bill, separately, and the names of the mem- bers voting for and against the same shall be en- tered on the journal. Bills may originate in either house, and no bill shall be passed hy either house except by a majority vote of all 'the members elected or appointed to either house. Amendments, how concurred in. Sec. 57. No amendments to bills hj either house shall be concurred in by the other except by a vote of a majority of all the members elected or appointed thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of com- mittees of conference shall be adopted by either house only by the vote of a majority of all the members elected thereto, taken by "yeas" and "nays," and the names of those voting recorded upon the journals. Re-enacting ordinances. Sec. 58. No ordinance shall be revived, re-en- acted, or amended, by mere reference to its title, but such ordinance or section shall set forth at length, as if it revived, re-enacted, or amended. Reconsideration. Sec. 59. When a bill is put upon its final pas- isage in either house, and failing to pass, a motion is made to reconsider the vote by which it was de- feated, the vote upon such motion to reconsider shall be taken up, and the subject finally disposed of at the next meeting of the council, unless such house, by a two-thirds vote, decides to act upon such reconsideration at the same meeting. Signing bills. Sec. GO. No bill shall become an ordinance until the same shall have been signed by the presiding officer of each of the two houses in open session, in authentication of its adoption by such house. In signing such bill for authentication, the pre- siding ofllcer shall call the attention of the house to the bill, and that he is about to sign it, and if any member request, the bill shall be read at length for information as to its correctness as en- Municipal Corporations. 627 rolled. If any member object that the bill is not the same in substance and form as when consid- ered and passed by the house, such objection shall be passed upon, and if sustained, the pre- siding officer shall withhold his signature, and the bill shall then be corrected, and finally disposed of, and signed, before the house proceeds to any other business. Appropriation bills. Sec. 61. No general appropriation act or author- ization shall ever be passed, but all appropria- tions shall be for the specific amount of the claim to be paid, and no more; and each ordinance or resolution authorizing the payment of money shall contain one claim only, which shall be expressed in the title. Every ordinance or resolution of the municipal council providing for any specific im- provement, the granting of any privilege, or in- volving the lease or appropriation of public prop- erty, or the expenditures of public moneys, ex- cept for sums less than five hundred dollars, or levying tax or assessment, and every ordinance or resolution imposing a new duty or penalty, shall, after its introduction in either house, be published, with the "yeas" and "nays," in a newspaper doing the city. and county printing, at least five succes- sive days before final action upon the same by the house in which it was introduced; and in case such ordinance or resolution shall be amended before final passage in said house, then the bill as amended, shall be so published, in the same manner, before final action by such house thereon; and every such ordinance, after the same shall have passed both houses, shall, before it takes ef- fect, be presented to the mayor for his approval. If he approves, he shall sign it; if not, he shall re- turn it within ten days to the house in which the same originated, with his objections in writing. Said house shall then enter the objections on the journal, and publish them in the newspaper doing the city printing. At the next stated meeting there- after, said house shall proceed to reconsider such bill. If, after such reconsideration, it again passes both houses by the votes of nine of the members elected or appointed to each house voting therefor^ it^.«hall become a law, notwithstanding the may- 628 Municipal Corporations. or's objections. Should any such ordinance or res- olution not be returned by the mayor within ten days after he receives it, it shall become valid, the same as if it had received his signature. Where a claim against the treasury amounts to more than five hundred dollars, it shall not be lawful to divide or breali up the same into several sums of less than that amount so as to evade the provisions of this section concerning claims; and any effort or attempt to accomplish such unlawful division, or breaking up a claim, shall be deemed, as to every member of the municipal council or other officer consenting thereto, or aid- ing the same, a misdemeanor in office, and be cause for his removal. All ordinances authorizing the payment of any money out of the treasury, or any claim thereon, shall be referred to the appro- priate standing committee of the house where the bill is introduced, who shall present the same to the auditor, in order that he may certify that there is sufficient money in the proper fund out of which such claim can lawfully be paid, and that «uch appropriation can be made without violating the provisions of this chapter; and until the au- ditor certifies in writing, signed by his name, that tliere is sufficient money in the proper fund, and that the authorization can be made without vio- lating the provisions of this chapter, no further proceedings shall be had with such bill. It shall be the duty of the auditor, with reasonable prompt- ness, to ascertain the facts, and to give the certifi- cate when the facts warrant him in doing so, and not otherwise. Powers. See. 02. The powers of the municipal council, and all other boards, commissioners, and officers, are those specially named in this chapter, and they are prohibited from exercising any other. Enacting clause. Sec. 63. The enacting clause of ordinances shall be in the following terms: "The municipal council of the city and county of , or city of (as the case may be), hereby ordains as follows." Further powers. Sec. 64. The municipal council shall further have power by regulation or ordinance: Municipal Corporations. 629 Selling and leasing property. 1. To provide for tlie security, custody, and ad- ministration of all property of such city, or city and county, and to purchase land required for mu- nicipal purposes without any power to sell or in- cumber the same, or lease any part thereof for more than three years; except, however, that such personal property belonging to the fire, street, or other departments, as they deem unsuited to the uses and purposes for which the same was de- signed, or so much worn and dilapidated as not to be worth repairing, may be sold or exchanged. Opening streets. 2. To provide for cases omitted in this chapter, and in conformity with the principles adopted in it, for opening, altering, extending, construct- ing, repairing, or otherwise improving public streets and highways at the expense of the prop- erty benefited thereby, without any recourse in any event upon such city, or city and county, or the public treasury, for any portion of the ex- pense of such worlv, or any delinquency of the property holders or owners. Lighting streets. 3. To provide for lighting the streets. But no contract for lighting streets or public buildings shall ever be made for more than one year in duration; nor shall any contract to pay more for gas or other illuminating material than is legally charged to ordinary consumers, or than the usual market rates, be valid. To provide water. 4. To provide water for all municipal purposes, and to pay for the same where lawful and neces- sary. In case water is supplied to such city, or city and county, for municipal purposes, any per- son, corporation, or association holding a valid franchise under the laws of this state to collect water rates for the use of water, then such city, or city and county, when it is lawful and neces- sary, shall pay the lawful rates, and no more, as established each year for water supplied for other than municipal purposes; and it shall not be lawful to make any special contract with such person, corporation, or association for water so a^^ to vary from the rates fixed by law. (j30 Miiuicipal Corporatious. To regulate markets. 5. To regulate market-houses and market- places. Regulating public grounds. 6. To provide for inclosing, improving, and reg- ulating all public grounds of such city, or citj' and county. Establish fire limits, etc. 7. To proliibit the erection of wooden buildings or structures within any fixed limits wliere the streets have been established and graded, or or- dered to be graded, or to restrict and limit tlie height of such buildings or structures; to regulate the sale, storage, and use of gunpowder, and to restrict the limits within which may be manufac- tured or kept giant-powder, dynamite, nitro-gly,- cerine, or other explosive or combustible materials and substances, and the maintenance of acid- works; and malve all useful regulations in relation to the manufacture, storage, and transportation of all such substances, and the maintenance of acid-works, slaughter-houses, brick-burning, tan- neries, and all other manufactures and works of ev.^ry description tliat may jeopardize the public safety, and to exclude them from the city, or city and county, when necessary, or to restrict them, or any of them, to a district. To make all neces- sary regulations for protection against fire, as well as such rules and regulations concerning the erec- tion and use of buildings as may be necessary for the safety of the inliabitauts. To permit laying down railroad tracks. 8. To permit the laying down of railroad tracks and the running of cars thereon along any street, or portion of street, for the sole purj^ose of exca- vating and filling in a street, or a portion of a street, or adjoining lots, and for such limited time as may be necessary for the purpose aforesaid. Fix penalties. and no longer. 9. To determine the fines, forfeitures, and pen- alties that shall be incuiTed for the breach of regulations established by the said municipal council, and also for a violation of the provisions of this chapter, where no penalty is affixed there- Municipal Corporations. 631 to or provided by law; but no penalty to be im- posed sliall exceed the amount of one thousand dollars, or six months' imprisonment, or both. And every violation of any lawful order or regu- lation, or ordinances of the municipal council, is hereby declared a misdemeanor or public offense, and all prosecutions for the same shall be in the name of the people of the state of California. Employment of prisoners. 10. To regulate and provide for the employment of prisoners sentenced to labor on the public works of such city, or city and county, and to maintain and regulate city, or city and county, jails and prisons, with manufacturing or other laboring establishments, or appliances connected therewith. To provide certain offices. 11. To provide a suitable office and jury-room, and dead-house or morgue, with the furniture necessary to enable the coroner to efficiently dis- charge the duties of his office, and to make the necessary appropriation therefor; and to audit and pay for the necessary expenses of maintaining the morgue and offices attached, such sum as may be necessary, not to exceed seventy-five dollars per month, out of the general fund. Regulate home of inebriate. 12. To maintain and regulate a home of the ine- briate, in its discretion. City prison. 13. To provide and maintain a city prison. Improve cemeteries. 14. To maintain and improve the city ceme- teries, and to pay out of the general fund a keep- er thereof, to be appointed by the board of health, at a salary not to exceed one hundred dollars a month. Orant licenses. 15. To license and regulate hackney-carriages and other public passenger vehicles, and to fix the rates to be charged for the transportation of persons, baggage, goods, merchandise, and prop- erty, or either, thereon; and to license and regu- late all vehicles used for the conveyance of mer- chandise, earth, and ballast, or either; and also to 632 Municipal Corporations. license and regulate persons and parties em- ployed in conveying baggage, property, and merchandise, or either, to or from any of the wharves, slips, bulkheads, or railroad sta- tions within the limits of such city, or city and county; to fix and establish the amount of every license paid into the city, or city and county, treasury for city, or city and county, pur- poses; to provide for the summary removal and disposition of any or all vehicles found in the streets, highways, and public squares during cer- tain hours of the day or night, to be designated by the council; and, in addition to all other reme- dies, to provide by regulation for the sale or other disposition of such vehicles; to protect the public from injury by runaways, by punishing persons who negligently leave horses or carriages in the street; to prescribe the width of the tires of all drays, trucks, and carts, in accordance with the weight to be carried thereby, for the preservation of the streets and highways. Grant licenses. 16. To regulate, license, and control the business of keeping intelligence offices, prescribe the meth- od of conducting said business, and to enforce, by fines and penalties, the payment of the license, and any violation of the regulation touching said business. To license and regulate pawnbrokers, and to enact regulations to protect the public in dealing with them. Fix fees. 17. To fix the fees and charges to be collected by the surveyor of such city, or city and county, for certificates of surveys for buildings or other pur- poses, and to provide for a sufficient corps of dep- uty surveyors to perform such work, to be paid from such fees only; also, to regulate the fees to be charged by the superintendent of streets, the county recorder, and any and all other municipal (Officers where their fees are not otherwise fixed by law, and compel the payment of all such fees and charges info the city and county treasury into the proper fund, in accordance with the provisions of this* act. Municipal Corporations. 633 Enforce collection of certain moneys. 18. To license and regulate, for the purposes of €ity, or city and county, revenue, all such call- ings, trades, and employments as the public good may require to be licensed and regulated, and as are not prohibited by law; to provide for and en- force, with penalties or otherwise, the collection and due payment into the city, or city and county, treasury of all moneys so due or raised, and to malie all needful rules and regulations to govern the official conduct and duties of the collector of licenses. Construction of hydrants. 19. To provide and pay for the construction and repair of hydrants, fire plugs, cisterns, and pumps in the streets. Pay for celebrating. 20. To allow and order paid out of the general fund a sum not to exceed three thousand dollars in any year, for the celebration in such city, or city and county, of the anniversary of our na- tional independence. Election expenses. 21. To allow and order paid out of the general fund for the election expenses of such city, or city and county, not to exceed forty dollars for each election precinct for each election in said city, or city and county. Prosecute claims. 22. To provide ways and means for the prose- cution of the claims of such city, or city and coun- ty, to any land or other property or right claimed by such municipality. Appoint weigher of coal. 23. To provide for the appointment by the may- or for a weigher of coal, without salary, and to regulate and define his duties, and establish rates of charges to be collected from persons requiring his services, and for his compensation from such rates and charges alone, and with no claim upon such city, or city and county. Abatement of nuisances. 24. To authorize and direct the summary abate- ment of nuisances; to malie all regulations which may be necessary or expedient for the preserva- 634 Municipal Corporations. tion of the public health and the prevention of contagious diseases; to provide fines and penal- ities against individuals who may he guilty of maintaining any nuisances, and enforcing the same until such nuisance be removed or abated; to provide by regulation for the prevention and summary removal of all nuisances and obstruc- tions in the streets, alleys, highways, and public grounds of such city, or city and county, and to prevent or regulate the running at large of dogs, and to authorize the destruction of the same when .at large contrary to ordinance. Regulate or prohibit houses of ill-fame. 25. To prohibit, suppress, regulate, or exclude from certain limits all houses of ill-fame, pros- titution, and gaming; to prohibit, suppress, regu- late, or exclude from certain limits all occupa- tions, houses, places, pastimes, amusements, exhi- bitions, and practices which are against good mor- als, contrary to public order and decency, or dan- gerous to the public safety. Regulate manner of street work. 26. To require, by ordinance, all contractors for street work, or other persons lawfully undertak- ing to improve, grade, or alter streets or public highways, to erect fences or barriers, to keep lights at night, and to take other necessary pre- cautions to protect the public from damage, loss, or accident by reason of such grading, alteration, or improvement, and to fix and prescribe penal- ties for the violation of the provisions of such or- dinance. Safe-keeping of lost property. 27. To provide for the safe-keeping and disposi- tion of lost, stolen, or unclaimed property of ev- ery kind, which may at any time be in the posses- sion or under the control of the police of such city, or city and county. Suppress public demonstrations. 28. To regulate, and when necessary to suppress, all public demonstrations and processions which interfere with public traffic. Regulation of fire department. 29. To appoint a fire marshal. Such appoint- ment shall be made on the nomination of the Municipal Corporations. 635 board of fire underwriters of such city, or city and county, if such board shall exist therein. If more than one board shall exist therein, then up- on the nomination of the board which shall have been longest organized. His salary shall be fixed and paid by such board of fire underwriters. Such fire marshal shall, before entering upon the ofiice, take and subscribe the oath of ofiice, and execute a bond to the state of California in the sum of five thousand dollars, with two or more sureties, to be approved by a judge of the superior court, for the faithful discharge of his duties. Any per- son aggrieved by any misconduct of such marshal, or his deputy, may bring an action in his own name upon such official bond, which bond shall be filed in the office of the county clerli. It shall be the duty of such fire marshal to attend all fires which may occur in such city, or city and county, with a badge of office conspicuously displayed. He shall take charge of and protect all property which may be imperiled at any such fire, and safely keep the same under his possession and control until satisfactory proof of ownership be made thereto; and shall, as far as practicable, prevent such property from being injured at such fire, and di- rect, when in his opinion it shall be necessary, the ; removal of goods, merchandise, and other prop- erty to a place of safety. He shall be authorized and empowered to exercise the functions of a peace-officer of such city, or city and county. Any person who shall willfully hinder or obstruct said officer in the lawful discharge of his duties shall be deemed guilty of a misdemeanor; provided, however, that nothing herein contained shall be so construed as to authorize such fire marshal to interfere in any manner with the proper discharge of the lawful duties and authority of any chief engineer of any fire department of such city and county. It sliall be the duty of such fire marshal to institute investigations into the cause of such fires as occur in such city, or city and county; and for this purpose he shall have power to issue sub- poenas and administer oaths, and compel the at- tendance of witnesses before him by attachment or otherwise. All subpoenas issued by him shall be in such form as he may prescribe, and shall be 636 Municipal Corporations. directed to and served by any police oflScer, or by any peace-officer of such city, or city and county. Any witness who refuses to attend or testify in obedience to such subpoena shall be deemed guilty of contempt, and be punishable by him as in cases of contempt in justices' courts in civil cases. He shall make a written report of the testimony to the district attorney, and institute criminal prosecu- tions in all cases in which there appears to him to be a reasonable and probable cause for believ- ing that a fire has been caused by design. It shall be the duty of such fire marshal to aid in the en- forcement of the fire ordinances of such city, or city and county, and for this purpose he is duly authorized to visit and examine all buildings in process of erection or undergoing repairs, and to institute prosecutions for all violations of the or- dinances of such city, or city and county, which relate to the erection, alteration, or repairs of buildings, and for the prevention of fires. He shall exercise such additional powers as may be con- ferred upon him by the ordinances of such city, or city and county, to enable him fully to carry out the object and purpose of his appointment, and for the prevention of fires. He shall have power to appoint a deputy, who may exercise all the powers and perform all the duties of such marshal. The salary of such deputy shall be paid in the same manner as the fire marshal. Any per- son who saves from fire, or from a building en- dangered by fire, any property, and who willfully neglects for two days to give notice to such fire marshal, or to the owner of such property, of his possession thereof, shall be deemed guilty of grand or petit larceny, as the case may be, ac- cording to the value of said property; and any person who shall be guilty of false swearing in any investigation under this subdivision shall be deemed gutlty of perjury, and, upon conviction thereof, shall be punished therefor as in other cases of perjury. Sucli fire marshal may be re- moved at any time by the same power or pow- ers that appointed him. And in case of the re- moval, resignation, or death of such fire marshal, his successor shall be appointed in the same man- ner as hereinbefore provided. Such fire marshal Municipal Corporations. 63T is hereby autliorized and empowered to appoint one or more persons, during ttie time of fire, for the purpose of saving and protecting property at such fire, and until it shall be delivered to the owner or claimant thereof, and such person or persons so appointed shall have, during such pe- riod, the authority and power of a policeman of such city, or city and county, and shall be known as the fire marshal's police; and each of such per- sons shall wear, while in the discharge of his duty, conspicuously displayed on his person, such badge or device as such fire marshal shall designate. No person shall be entitled to any property in the hands of such fire marshal, saved from fire, until satisfactory proof of ownership be made, and until the actual expenses incurred by such officer for the preservation and keeping of the same shall be paid to him by the owner or claimant of said prop- erty; and in case of dispute as to the amount of such expenses, said dispute to be determined by the justices' court of such city, or city and coun- ty. Such fire marshal is hereby duly authorized and empowered to hold and sell, or cause to be sold, at public auction, all property in his pos- session, saved from a fire or fires, for which no owner can be found, after advertising the same in two daily newspapers published in such city, or city and county, for the period of thirty days; provided, however, that if, upon application of such fire marshal to the police judge, it shall ap- pear that such property is perishable, such judge may order such fire marshal to make sale thereof upon such notice as in the opinion of such judge may be reasonable. The proceeds of all such sales, together with an account thereof, after de- ducting all expenses, shall be by him deposited with the treasurer of such city, or city and coun- vty, to be held by such treasurer, subject to the claim of the owner of such property. Such fire marshal shall, from time to time, file with the clerk of such city, or city and county, under oath, a statement and description of all property in his possession, or under his control and sold by him,, together with the amount of money by him depos- ited with the treasurer of such city, or city and county. •^. Gen. Laws— -54 638 Municipal Corporations. Maintain fire-alarm. 30. To maintain a fire-alarm and police tele- grapli in such city, or city and county. Regulate drifting of sand. 31. To require the owners of lots to prevent sand from drifting, being blown, or otherwise moved therefrom, into or deposited upon any pav- ed, planlied, or macadamized street, alley, place, park, thoroughfare, or other public property, and to enforce all such regulations by sufficient fines and penalties. Maintain house of correction. 32. To maintain, regulate, govern, manage, and carry on a house of correction, and to utilize there- in and thereby the labor of all prisoners committed to the jail or house of correction of such city, or city and county, by the police courts and the su- perior courts; to prescribe rules of commitment and detention of prisoners, liours of labor, and all necessary rules, regulations, and restrictions for the proper operation of said institution. All pris- oners sentenced to a term in the county jail, or house of correction, shall be deemed to have been sentenced to labor during such term. The judges of police courts and of the superior courts, in such city, or city and county, may sentence crimi- nals to the house of correction when, in the judg- ment of such judge, the criminal is too young to be sentenced to the state prison, or when it is deemed better for the well-being of the prisoner. No person shall be sentenced to imprisonment in the house of correction for a shorter or longer term than that for which he might be sentenced in the jail of such city, or city and county, or in the state prison; and in no case whatever for a shorter term than three months nor for a longer term than three years. No person who might be sentenced to imprisonment in the state prison shall be sentenced to imprisonment in the house of correction if he is more than twenty-five years of age, if he has been once before convicted of a felony, or twice before convicted of petit larceny, nor unless, in the opinion of the court, imprison- ment in the house of correction will be more for his interest than imprisonment in the state prison, and equally for the interest of the public. The Municipal Corporations. 639' fact of a previous conviction may be found by the court upon evidence introduced at tlie time of sen- tence. The board of aldermen of the city, or city and county, sliall appoint a competent superin- tendent of the house of correction of such city and county, who shall also be treasurer of said house of correction, and who shall ^ive good and suffi- cient bonds, in a sum, and with sureties, to be approved by said board of aldermen, for the faith- ful discharge of his duties, and to whom shall be paid a salary, to be fixed by them, not to exceed two hundred and fifty dollars per month, payable monthly. Said superintendent shall only be re- moved for just and sufficient legal cause, after a fair and impartial investigation of his case by said board of aldermen. He shall, immediately after his appointment, and when authorized by said board of aldermen, appoint, subject to the ap- proval thereof, such subordinates as may be deemed necessary by the board of aldermen; and the pay of such subordinates shall be fixed by said board of aldermen, not exceeding one hundred dollars per month to each party so appointed. The superintendent shall manage the general inter- ests of the institution; see that its affairs are con- ducted in accordance with the requirements of this chapter and of such by-laws as the board of alder- men may from time to time adopt for the orderly and economical management of its concerns; to see that strict discipline is maintained therein; to provide employment for the inmates; adjust and certify all claims against the institution. And all by-laws made by said board of aldermen for the management of said institution, and not contrary to the laws of this state, shall be binding, in ail respects, upon said superintendent, officers, and inmates; and said superintendent shall each year prepare and submit, under oath, to the board of aldermen a report of the concerns of said institu- tion. The superintendent shall reside at the house of correction, have charge of its inmates and prop- erty, and be its treasurer; keep accounts of all his receipts and expenditures, and of all such property and account in such manner as the said municipal council may require, and hold all books and papers open to their inspection. 640 Municipal Corporations. Maintain an industrial school. 33. To maintain and regulate an industrial school for the detention, management, reforma- tion, education, and maintenance of such children, under the age of eighteen years, as shall be com- mitted or surrendered thereto by the courts of such city, or city and county, as vagrants, living an idle or dissolute life, or who shall be convicted by the police or superior court of any crime or misdemeanor, or who, being tried for any crime or misdemeanor in such court, shall be found to be under fourteen years of age, and to have done an act which, if done by a person of full age, would be a crime or misdemeanor; and said council is empowered to regulate the commitment, deten- tion, and discharge of such children, and to desig- nate and prescribe the causes, terms, and condi- tions thereof; and the said police court and super- ior court shall liave power to adjudge that such persons so convicted shall be so imprisoned; and persons so convicted sliall remain at said indus- trial school until he or she shall attain majority, unless a shorter time shall be fixed by said court in the commitment. Such children shall be kept at such employments and be instructed in such branches of useful knowledge as may be suitable to their age and capacity. The municipal council may provide for binding out such children as ap- prentices during their minority, to learn proper trades and employments. There shall be a super- intendent of said industrial school, to be appoint- ed by the board of aldermen. He shall be deem- ed a public officer, whose salary shall not exceed two hundred and fifty dollars per month, and such other employees as may be necessary, with salary not to exceed one hundred dollars per month each. Such police and superior court, or either of them, upon the application of the board of aldermen, and upon its certificate that it is ex- pedient to do so, shall have power to discharge any child committed to said industrial school, and who is not bound out as an apprentice, or adopted, and may in like manner discharge such child upon the application, in writing, of the par- ents or guardian of such child, who shall not have been bound out or adopted, and after ten Municipal Corporations. 641 days' notice, in writing, to the board of aldermen, if, upon the hearing of the application, such police court or superior court shall consider that such discharge is expedient. Maintain alms-house, etc. 34. To establisli and maintain an alms-house, a city and county hospital, a small-pox hospital, and such other institutions of the same charac- ter as are or may be necessary, and to perpetuate such institutions as may have been heretofore established in such cities, or cities and counties, heretofore Incorporated. Payment of judgment. 35. To order paid out of the general fund any final judgment against such city, or city and county. Public pound. 36. To maintain, regulate, and govern a public pound, fix the limits within which animals shall not run at large, and appoint pound-keepers, who shall be paid for out of the fines imposed and col- lected of the owners of impounded animals, and from no other source. Improvement of water front. 37. To allow and order paid out of the street- department fund such sums as may be deemed necessary for improvement of streets bordering on the water front, and improvement of sewers and streets in front of public property. Burial of indigent dead. 38. To allow and order paid out of the general fund such sums as may be necessary for burying the indigent dead. Pay of special counsel. 39. To allow and order paid out of the general fund such sums, not to exceed five thousand dol- lars in any one fiscal year, as may be deemed necessary for the employment of special counsel. Enact certain regulations. 40. To enact such general and special police regulations for such city, or city and county, as shall secure the health, comfort, and security of the inhabitants, the safety and security of prop- erty and life, and to enforce the same therein. 642 Municipal Corporations, Regulation of offices and departments. 41. To make needful rules and regulations for the administration, care, and maintenance and conduct of all departments and ottices of such city, or city and county, when not otherwise in this chapter provided for, so as to secure more perfect safety of the public funds, and greater efficiency in all departments of the service, and to enforce the observation of such rules and regu- lations, and to authorize the appointment of such additional clerks, assistant deputies, and em- ployees as in their judgment may be necessary for the proper discharge of the duties of such of- fices and departments. General fund. 42. To appropriate the moneys derived from the revenue of such city, or city and county, to a gen- eral fund, and such funds as have been here- tofore or shall be hereafter established by law, or the said council, and as shall be necessary for the proper and economical administration of such city, or city and county. Free library. 43. To establish, maintain, and regulate free public libraries and reading-rooms, and to per- petuate such free libraries and reading-rooms as may have been heretofore established in such cit- ies, or cities and counties, heretofore incorporated. Law library. 44. To provide, fit up, and furnish, and provide Avith fuel, liglits, stationery, and all necessary at- tendance, conveniences, and care, rooms conven- ient and accessible to the courts, sufficient for the use and accommodation of a law library and those who have occasion to use it, and approved by the officers having the government of said li- brary, and to perpetuate and in the same manner provide for any law library now existing in such city, or city and county, the use of which has been secured by law to the courts, the bar, and the city, or city and county, government. The muni- cipal council shall have power, and it shall be their duty, to appropriate, allow, and order paid out of the proper fund such sums as may be ne- cessary therefor. Municipal Corporations. 643 Medical dispensary. 4.5. To establish and maintain a free medical dispensary, and to perpetuate any such hereto- fore existing in such city, or city and county. Building committee. 46. To appoint a committee of five, three from the board of aldermen and two from the house of assistant aldermen, to be denominated the "building committee," to superintend the con- struction of buildings hereafter to be constructed for such city, or city and county, or now in prog- jress of construction therefor, and to appoint a secretary for such committee, and to fix his com- pensation, and, if necessary, also to appoint a su- perintendent and architect therefor, fix their re- spective compensation, and require of such su- perintendent and architect to execute bonds, with two sureties, conditioned for the faithful perform- ance of their duty, in such sums as may be deemed necessary. Division of city into wards. 47. To divide the city, or city and county, by ordinance, into twelve wards, to fix the boundar- ies thereof, and to change the same from time to time; provided, that no change in the boundaries of any ward shall be made within sixty days next before the date of said general election, nor with- in twenty months after the same shall have been established or altered. Levy and collection of revenue. 48. To provide for the levy, collection, and ap- propriation of revenue heretofore by law provid- ed to be collected for the erection and completion of any public building in and for such city, or city and county, in the manner as heretofore provided by any law of this state for the levy, collection, and appropriation of the same. Board of equalization. Sec. 05. The municipal council shall constitute a board of equalization for such citj^, or city and county, and as such shall have the powers con- ferred by the general laws regulating the assess- ment and collection of taxes, when not inconsist- ent with the provisions of this chapter. 64^ Municipal Corporations. Definition of public streets. Sec. 06. All the streets, lanes, alleys, places, or courts, as laid down on the official map of such city, or city and county, and all other streets, lanes, alleys, places, or courts now dedicated or open to public use, are hereby declared to be open public streets, lanes, alleys, places, or courts for the purpose of this chapter; and the municipal council is invested with jurisdiction to order any of the work mentioned in section sixty-seven of this act to be done on any of said streets, lanes, alleys, places, or courts, when the grade and width of said streets, lanes, alleys, places, or courts have been officially established; and for the purposes of this chapter the grade of all intermediate or in- tersecting streets, lanes, alleys, places, or courts In any one block shall conform to the grades as established of the crossings of the main streets. Grading streets. Sec. 67. The municipal council is hereby au- thorized and empowered to order the whole or any portion of the said streets, lanes, alleys, places, or courts graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, piled or replied, capped or recapped, and to order sidewalks, sew- ers, cess-pools, man-holes, culverts, curbing, and cross-walks to be constructed, and to order any streets and sewers cleaned, and to order any oth- er work to be done which shall be necessary to make and complete the whole or any portion of said streets, lanes, alleys, places, or courts, and they may order any of the said work to be im- proved; and when any street, or portion of a street has been or shall hereafter be constructed to the satisfaction of the municipal council and the su- perintendent of streets, and shall have a brick sewer, or cement or iron-stone pipe constructed therein, under such regulations as said municipal council shall adopt, the same shall be accepted by it, and thereafter shall be kept open and im- proved by such city, or city and county, the ex- pense thereof, together with all work done in front of city, or city and county, property, to be paid out of the street-department fund, or other property fund; provided, that the municipal coun- Municipal Corporations. 645 ell shall not accept of any portion of the street less than the entire width of the roadway (includ- ing the curbing and one block in length, or one entire crossing); and provided further, that it may, partially or conditionally, accept any street, or portion of a street, without a sewer or pipe therein as above stated, if a sewer or pipe there- in shall be deemed by them unnecessary; but the lots of land previously assessable for the cost of construction of a sewer or pipe shall still remain and be assessable for such cost, and for the cost of repair and restoration of the street damaged in the said construction, when thereafter a sewer or pipe shall be deemed necessary, the same as if no partial or conditional acceptance had ever been had. The said superintendent of streets shall keep in his office a register of all accepted streets, the same to be indexed so that reference may be easily had thereto. Special assessment for work on private property. Sec. 68. The municipal council may order work authorized by this chapter, the cost and expense of which is made chargeable, or may be assessed upon private property by special assessment, to be done, after notice of its intention so to do in the form of a resolution describing the work, and signed by the clerks of both branches of the muni- cipal council, has been published for the period of five days in the paper doing the printing for such city, or city and county, and also in two daily newspapers, one of which newspapers shall be published as a morning edition and one as an evening edition, printed and published in such city, or city and county, for five days, Sundays and non-judicial days excepted; provided, that no such notice shall be given or ordei- made for the grading of any street, unless the majority of the frontage of the lots and land fronting on the work proposed to be done, and described in said resolution, or which is to be mad*^ liable for such grading, except public property, shall have been represented by the owners thereof, or by their agents, in a petition to the said municipal coun- cil, stating that they are the owners and in posses- sion or agents of the lots named in the petition, an4^also requesting that such improvements or 646 Municipal Corporations. street worlv shall be done. All owners of land, or lots, or portions of lots, who may feel aggrieved or have objection to the ordering of the work de- scribed in said notice, or who may have objection to any of the subsequent proceedings of the mu- nicipal council in relation to the work mentioned in such notices of intention, or may have any ob- jections to any of the acts of the superintendent of streets, and the city, or city and county, sur- veyor of such city, or city and county, in the dis- charge of any of the obligations or duties impos- ed upon him or them by virtue of their offices, shall file with the clerk of either branch of the municipal council a petition or remonstrance, wherein they sliall set forth in what respect they feel aggrieved, or the acts or proceedings to which they object, which petition or remonstrance shall be passed upon by the municipal council, and its decisions thereon shall be final and conclusive; but the municipal council shall not order the work desci-ibed in said notices to be done unless all ob- jections and protests that may have been present- ed nnd filed as aforesaid shall have been by them disposed of. Should the owners or agents of more than one half in frontage of the lots and lands fronting on the work proposed to be done, and designated in said notice or resolution, or liable to be assessed for work, file with the clerk of either branch of the municipal council written ob- jections against any grading described in said no- tice, at any time before the expiration of the pub- lication of said notice of intention, and the publi- cation thereof, as hereinbefore provided, then and thereupon the municipal council shall be barred from proceeding further for the period of six months, and shall not renew the notice of inten- tion for doing any street work so protested against within six months, unless the owners or agents of a majority of the frontage of the lots and land fronting on said street work, or liable to be as- sessed therefor as aforesaid, shall petition aneAV for the work to be done. At the expiration of any notice of intention, the municipal council shall be deemed to have acquired jurisdiction to order any work to be done which is authorized by this cha])- xMunicipal Corporations. 64T ter; and it is further provided, that where any public street shall have been graded, or graded and macadamized, or graded and paved, for the distance of one or two bloclis upon each side thereof of any one or two blocks or crossing of a street which is not improved, it shall be the duty of the municipal council, upon the recommenda- tion of the superintendent of streets, to order the notice provided in this section to be given without the petition provided first aforesaid; and if the owners of three fourths of the frontage of the land and lots fronting on such portions of said streets to be graded or improved shall, within the time prescribed in said notice, file written objec- tions to the improvement of the said street, such objection shall be a bar for six months for the doing of said work or making said improvement, except when the work or improvement proposed to be done is the construction of sewers, man- holes, culverts, cross-walks, and side-walks, the municipal council shall duly consider said objec- tions before ordering said work; and if it shall decide and declare by an entry in the minutes of both branches thereof that the objections so made are not good, thereupon it shall be deemed to have acquired jurisdiction to order any such street work to be done that is described in said notice; provided further, that when one half or more of the grading, planking, macadamizing, paving, side- walking, or sewering of any one street, lying be- tween two main street-crossings, has been already performed, the municipal council may order the re- mainder of such grading, planking, macadamizing, paving, sidewalking, or sewering to be done, not- withstanding the objections of any or all of the property owners. Manner of compelling certain street work to be done. Sec. 69. The owners of more than one half in frontage of lots and lands fronting on any street, lane, alley, place, or court, mentioned in section sixty-six of this act, or their duly authorized agents, may petition the said municipal council to order any of the work mentioned in section sixty- seven of this act to be done; and the said board may order the work mentioned in said petition to 648 Municipal Corporations. be done, after notice of their intention so to do has been published as provided in section sixty- eight of this act. No order or permission shall be given to grade, or pile and cap, any street, lane, alley, place, or court, in the first instance, or any portion thereof, without extending or completing the same throughout the whole width of said street, lane, alley, place, or court. When any such work has heretofore been done, or when any such .work shall hereafter be done, in violation of this section, neither the lots or portions of lots in front of which such work has been or may be done hereafter, nor the owners thereof, shall be ex- empt from assessments made for the payment of the work afterwards done to complete said street, lane, alley, place, or court to its full width, as provided in this chapter. Map to be transmitted. Sec. TO. At the expiration of publication of such notice, the clerk of either branch of the municipal council shall cause to be transmitted to the city^ or city and county, surveyor, and to the superin- tendent of streets of such city, or city and county^ a copy of the resolution, order, or ordinance au- thorizing the said street work. The said surveyor shall thereupon, within fifteen days from the com- pletion of the publication mentioned in the last section, transmit to said municipal council a map of the district to be benefited by said street im- provement; which map shall show the relative lo- cation of each lot to the work proposed to be done,, and be signed by said surveyor. The superinten- dent of streets shall also thereupon, within fif- teen days from the completion of said publication, transmit to the municipal council an estimate of the cost and expense of said improvement, which said estimate shall contain the items composing the gross sum estimated, and shall be signed by said superintendent. Adoption or modification of map. Sec. 71. The municipal council shall, at the first meeting after the receipt of such map and esti- mate, or as soon as may be practicable, either adopt, modify, or re.iect the same, and after its final action upon said map and estimate, the same- shall be transmitted to said superintendent of Municipal Corporations. 649 streets, wlio shall record the same in a hook to be kept by him for such purpose; and the said superintendent shall forthwith prepare plans and specifications for such street work, and the clerk of either branch of the municipal council shall cause to be conspicuously posted in the office of said superintendent, and also published five days (non-judicial days excepted) in the newspapers hereinbefore mentioned, a notice inviting sealed proposals to contract for the work contemplated to be performed; such work not to be performed, nor any contract for the same made or entered in- to, until after the moneys sufficient for the pay- ment of the costs and expenses thereof shall have been levied, collected, and paid into the treasury of such city, or city and county, as hereinafter provided; which notice shall substantially contain the plans and specifications above mentioned; and all notices, resolutions, and orders required to be posted or published under the provisions of this chapter shall be posted or published, or both post- ed and published, as the law may require, by said clerk, as a matter of course, and without any spe- cial direction or authority from said municipal council. The said superintendent shall furnish specifications for the performance of any and all street work ordered by the municipal council and authorized by this chapter, and the time within which said work must be completed after entering into the contract for doing the same. All propos- als shall be delivered to the clerk of either branch of the municipal council, and the house of which he is the clerk shall, in open session, open, exam- ine, and publicly declare the same; and all pro- posals shall be for a price payable in gold coin of the United States; provided, said municipal council may reject any and all proposals should they deem it for the public good, and also may reject the proposals of any party who may be proved delinquent or unfaithful with any former contract with such city, or city and county; and if all proposals shall be rejected, the munici- pal council shall direct the clerk of either house thereof to again post said notice, and publish the same as in the first instance. All proposals shall be accompanied with a bond to such city, or city "*^^ Gen. Laws— 55 650 Municipal Corporations. and county, to be approved by the clerk of either house of said municipal council, in the sum of one thousand dollars, and in such additional amount as may be fixed by said superintendent of streets, with two good and sufficient sureties, who must be freeholders of such city, or city and county, said sureties to justify in double the amount, con- ditioned that the party maliing such proposal shall, or will, within ten days after notice from said superintendent that the moneys for the cost and expenses for such work have been paid into the treasury, enter into a contract with such city, or city and county, in pursuance of such proposal, and to commence such work within five days af- ter the execution of such contract, and complete the same within the time mentioned in the said plans and specifications, or either of them, or within any extended time; it is further provided, that all persons proposing, owners included, who sliall fail to enter into any contract as herein pro- vided, or to complete the contracts entered into, are hereby prohibited from proposing a second time for the same work; and in case of owners, they are hereby prohibited from electing to take the same worlc a second time, and from entering into any contract concerning the same. At any time within five days after such money has been paid into the treasury, the owners of a majority of the frontage of lots and lands liable to be as- sessed for said work, or their agents, and who sliall make oath that they are such owners, or the agents of such owners, may elect to do the said work, and to enter into a written contract to do the whole work at the price for which the same is awarded, upon giving the bond as herein- after provided: and they shall commence said work Avithin five days after the execution of such contract, and shall prosecute it diligently and con- tinuotisly. and eomploto it within the time limited in the contract, or within any extended time; but should the said contractor, or the property owners, fnil to prosecute the same diligently or continuous- ly, in the judgment of said superintendent, or com- plete it within the time prescribed in the contract, or within the extended time, then it shall be the duty of said superintendent to report the same to Municipal Corporations. 651 the municipal council, who shall immediately or- der the clerk of eitlier branch of the municipal council to advertise for proposals as in the first instance, and relet the contract in the manner hereinbefore provided: and it is further provided, that all contractors for street work shall, at the time of entering into said contract, execute a bond payable to such city, city or county, with two or more sureties, in the sum of not less than one thousand dollars, and in such additional amount as may be fixed by said superintendent, condi- tioned for the faithful performance of said con- tract; and said sureties shall justify in double the amount of the penalty fixed in said bond; such sureties to justify before said superintendent or his deputy, and the qualifications and responsibil- ity of such sureties shall be the same as prescrib- ed for sureties on the official bonds of the oflicers of such city, or city and county; and it is further provided, that in case of the non-fulfillment by the obligor in either of the bonds mentioned in this section., of the conditions thereof, it shall be the duty of the city, or city and county, attorney to sue for and collect the sum in said bond men- tioned, in any court of competent jurisdiction, and pay the same into the city and county treasury, to the credit of the proper fund. Assessment. Sec. 72. After the proposal shall have been re- ceived and considered by the municipal council, the superintendent of streets shall make an as- sessment in proportion to the benefit upon all the land in the district shown upon said map. Said assessment shall show the work proposed to be done, the estimated cost thereof, the rate per front foot assessed against each lot within the assessment district, the amount of each assess- ment, the name of the owner of each lot, or por- tion of lot, if known to the superintendent, and if such owner be unknown, the word "unknown" shall be written opposite the number of the lot (but an assessment made to a person not the own- er shall not render such assessment illegal), and the amount assessed thereon, the number of each lot, or portion of lot, assessed, and shall have at- tached thereto a diagram showing the assessment 652 Municipal Corporatious. district, and tlie relative location of each lot as- sessed to the worlv proposed to be done, each lot being numbered in said assessment and diagram; and when completed, shall be signed by said su- perintendent, and transmitted to the board of al- dermen. Notice of hearing objections to assessment roll. Sec. 73. At the first meeting of the board of aldermen, after the receipt by it of the assess- ment made by said superintendent, as soon there- after as may be practicable, it shall cause notice of the time and place of the hearing of all ob- jections to said assessment to be published for at least five days (Sundays and non-judicial days ex- cepted), prior to the time of such hearing, in two daily newspapers, one published as a morning ed- ition and one as an evening edition, in such city, or city and county. All objections shall be heard in open session of said board of aldermen. At said hearing said board of aldermen may alter, modify, or confirm said assessment, as it shall deem proper; and said superintendent shall there- upon record said assessment and diagram in a book to be kept by him for that purpose. When so recorded, the several amounts assessed shall be deemed a tax levied upon the lands described in said assessment and diagram, upon which they are respectively assessed, and shall be a lien upon such parcels of land. Said superintendent shall give to each assessment a number by which the fund collected for said work shall be known, and shall immediately after the record of said assess- ment, as hereinbefore provided, deliver the said assessment and diagram to the tax collector of such city and county, who shall thereupon cause to be published for ten successive days (Sundays and non-judicial days excepted), in two newspa- pers of general circulation, one of which shall be published as a morning edition and one as an evening edition, published in such city, or city and county, a notice containing a description of the proposed improvement, and of the portion of street or streets upon which the same is proposed to be done, that the same is in his hands for col- lection; that if said assessment is not paid within fifteen days from the date of the last publication Municipal Corporations. 653 of such notice, that the same will be delinquent; that the property assessed, and upon which the assessment remains unpaid, will be sold by said tax collector for said assessment, a brief descrip- tion of the property assessed, the amount assess- ed thereon, and the time and place of sale, which shall be not less than five nor more than ten days after such delinquency. Sale of property for unpaid taxes. Sec. 74. On the day fixed for the sale, said tax collector, between the hours of ten A. M, and three P. M., must commence the sale of the prop- erty advertised, upon which the assessment re- mains unpaid, and sell the same at public vendue, in the office of said tax collector, to the person who will take the least quantity of the respective parcels of land assessed, and pay the assessment thereon, tocether with two dollars to said tax col- lector for the duplicate certificate of sale. If the purchaser does not forthwith pay the amounts of the assessment and costs by him bid, the tax col- lector shall immediately proceed to sell such par- cel or parcels again, in the same manner, for the amount of said assessment and costs. Duplicate certificate. Sec. 75. After receiving the amount of the as- sessment and costs, said tax collector must make out in duplicate a certificate, dated on the day of sale, showing the name of the person assessed, when known, a brief description of the property sold, the street improvement for which the as- sessment was levied, the number of the assess- ment, that it was sold for an assessment, the amount thereof, that the same is subject to re- demption at any time within one year after sale, and specifying the date when the purchaser will be entitled to a deed; and upon payment to said . tax collector of the fee for recording the same, said tax collector shall deliver one of such dupli- cates to the purchaser, and the same day file the other in the office of the recorder of the county, or city and county, who shall record the same."^ Vesting of lien. Sec. 76. Upon filing the said duplicate in the of- fice of said recorder, the lien aforesaid is vested in the purchaser, and is only divested by payment 654 Municipal Corporations. to him, or to the treasurer of such city, or city and county, for his use, of the purchase money and costs, and two per cent per month and frac- tion of a month up to date of redemption there- on. A redemption of the property sold may be made by the owner, or any party in interest, with- in twelve months from the date of purchase. Deed to purchaser and conclusions of law. Sec. 77. If property is not redeemed within twelve months from the date of such sale, the tax collector must make to the purchaser, or his as- signee a deed reciting substantially the matters contained in the certificate, and that no person re- deemed the property during the time allowed by law for its redemption. The matters recited in the certificate of sale must be recited in the deed, and such deed, duly acknowledged, shall be prima facie evidence that: 1. The property was assessed as required by law; 2. That the assessment was not paid; 3. That the property Avas sold at the proper time and place, and by the proper officer; 4. That the person who executed the deed was the proper officer therefor; 5. That the title to the property therein de- scribed is vested in the purchaser, his heirs, or assigns, free from all incumbrances, except taxes for purposes of revenue. Payment into treasury by tax collector. Sec. 78. Said tax collector shall daily pay into the treasury of such city, or city and county, to the credit of the proper street-improvement fund, all moneys collected by him on account of such fund, and shall, upon the receipt of any assessment, mark the same paid upon the assessment roll, and shall receipt to the person paying the same there- for, which receipt shall show the number of the street-improvement fund, the work done, the number of the lot upon which the assessment is paid, and the amount thereof. Certificate of payment into treasury. Sec. 79. When the full amount of such assess- ment has been collected by said lax collector, the said collector shall certify to the ' superintendent Municipal Corporations. 655 of streets that the same has been collected and paid into the treasury of such city, or city and county. Upon the receipt of such certificate from the tax collector, the said superintendent shall forthwith notify the person whose proposal shall have been accepted by the municipal council, as aforesaid, of the payment of such money into the treasury, and that such city, or city and county, is ready to enter into a contract with such person for such work, in pursuance of said proposal; and said superintendent shall hold himself in readiness to execute said contract on behalf of such city, or city and county. The board of aldermen may .extend the time of performance of the contract, ,as fixed by the contract of specifications, upon the recommendation of said superintendent; but the time of the performance shall in no event be in any manner extended beyond sixty days after the time fixed in such specifications or contract for jhe completion of said work. Certificate to contractor and publication of notice. Sec. 80. Whenever any contract shall have been completed to the satisfaction and acceptance of the superintendent of streets, he shall deliver to the contractor a certificate to that effect, and shall also notify said board of aldermen that said work and improvement, and the contract therefor, have been completed to his satisfaction and acceptance, and that he has given to said contractor his certifi- cate to that effect. Thereupon said board of al- dermen shall direct the clerk of said board to give notice by publication for five days, in a newspaper published and circulated in such city, or city and county, that said work and improvement, and the contract therefor, have been completed to the sat- isfaction and acceptance of the superintendent of streets of such city, or city and county. Appeal of property owner. Sec. 81. Any person owning property which has been assessed to pay the cost and expenses of such work and improvement, feeling aggrieved at the manner in which such work and improvement shall have been done, or feeling aggrieved at any act or determination of said superintendent of streets in relation to said work and improvement subsequent to the date of the execution of the con- 056 Municipal Corporations. tract therefor, shall, within five days from the first publication of said notice, appeal to said board of aldermen by briefly stating their objec- tions in writing, and by filing the same with the clerli of said board. At the meeting of the board next ensuing after the expiration of said five days allowed above for filing said objections, the said board, if no objections have been filed, shall, by resolution, ratify and confirm all said acts of said superintendent of streets, and shall accept such work and improvement. But if any such objec- tions last aforesaid shall have been filed within said five days, then said board shall fix the time for hearing such objections, and shall direct the clerk of said board to notify all persons desirous of being heard upon said objections of the time and place when and where said board will hear all parties desiring to be heard upon the same. Said notice shall be in writing, and shall be given by posting the same in three of the most conspic- uous public places in such city, or city and coun- ty, and published five days in two daily newspa- pers (one morning and one evening edition), at least five days before the time set for said hear- ing. At the time and place fixed for said hearing of said objections, said board shall proceed to hear all parties present and desiring to be heard upon the matters specified in such objections. And whenever said board shall have determined, by personal inspection or otherwise, that said work and improvement objected to have been complet- ed in all respects according to the contract there- for, they shall, by resolution, accept said worl\ and improvement, and ratify and confirm all said acts of said superintendent of streets in relation there- to. Notice to superintendent of streets. Sec. 82. If, upon such hearing, said board of aldermen shall determine, by personal inspection or otherwise, that said work and improvement have not been performed according to the contract therefor, then they shall notify the said superin- tendent of streets to that effect, specifying in said notice to him the particulars in which said con- tract has not been performed. And said superin- tendent of streets shall thereupon at once cause Municipal Coi-porations. 657 said contractor to complete said work and im- provement imder the contract therefor in those particulars specified by said board in said notice to said superintendent of streets. Whenever said board shall ascertain that said work and improve- ment have been completed in all respects accord- ing- to the terms of the contract therefor, they shall, by resolution, accept such work and im- provement. All acts and determinations of said board of aldermen upon appeals, under the pro- visions of this and the next preceding section, shall be final and conclusive upon all persons en- titled to an appeal thereunder. Payment to contractor. Sec. 83. Whenever any work or improvement shall have been so completed upon any street, lane, alley, court, or place in such city, or city and county, for the payment of costs and expenses of which an assessment shall have been levied and collected under the provisions of this act, the said board of aldermen shall, by resolution, direct the treasurer to pay out of the appropriate fund, at the expiration of fifteen days from the passage of such resolution, to the contractor who shall have so completed said work and improvement, the amount to which he is entitled under the terms of his contract; provided, however, that such pay- ment by the treasurer shall be made subject to the following provisions, to-wit: that any person or persons who have performed labor upon or fur- nished materials for the construction of said work or improvement, may file within said fifteen days, with the treasurer, any written claim or claims he or they may have on account of such labor per- formed or materials furnished; and at the expira- tion of said fifteen days, said treasurer shall pay to said contractor the amount specified in said last-named resolution, less the aggregate amount of all such claims, if any, theretofore filed in ac- cordance with the provisions of this section. Should any money be retained by said treasurer on account of such claim or claims, he shall pay over the amount of each claim only upon the or- der therefor of said contractor, indorsed by the claimant entitled thereto, or upon the order there- for of any court of competent jurisdiction. 658 Municipal Corporations. Kepayment of moneys. Sec. 84. And -when all moneys required to be paid by the said treasurer, under the last preced- in.s: section, shall have been by him paid, as re- quired in said section, if there is any money re- maining in the fund out of which said payments shall have been made as aforesaid, it shall be the duty of said treasurer immediately to report the amount of said remaining moneys to said board of aldermen. Thereupon it shall be the duty of said board to empower and direct said treasurer to dis- tribute and repay such remaining moneys, and in the proportion of the amounts of the original as- sessments, to the persons by or for whom said original assessments were paid, or to their legal representatives. And it shall be the duty of said treasurer, in each instance of such repayment, to require, receive, and file away a receipt of said proportionate amount from said persons or their legal representatives. x\nd in no case shall a con- tractor who has failed to fulfill the terms and conditions of his contract be entitled to receive any portion of the contract price therefor, and he shall be deemed to have forfeited all right to re- cover or receive any compensation whatever un- der said contract. Kind of labor on accepted streets. Sec. 85. No contract to do any work upon any accepted streets, other than cleaning streets and sewers, shall be let, but such worli shall be done under the direction of .the superintendent of streets, by laborers employed by such city, or city and county, through said superintendent, at such wages as may be from time to time fixed by the municipal council. All contracts for materials necessary to be used for work on accepted streets must be given by the municipal council to the low- est bidder offering adequate security, after due public notice, for not less than five days, in at least two newspapers published in such city, or city and county. Repairing streets, sewers, etc. Sec. 86.' In case of urgent necessity, the super- intendent of streets may, and it shall be his duty to, repair any of the unaccepted public streets, sewers, or crossings cornering thereon; and the Municipal Corporations. 659 expense of the same shall be paid out of the street- department fund, in the same manner as provided for the improvement of accepted streets; and all such repairs shall be made in uniformity with the worlv to be repaired, but such repairs between two main streets shall not exceed in cost the sum of two hundred dollars, and the repairs of any crossing shall not exceed in cost the sum of one hundred dollars; provided, the sums so expended shall not exceed the sum of two thousand dollars iu any one month. Such work, and the material therefor, shall be performed and provided in the same manner as provided in the foregoing section concerning labor and material for accepted streets. No recourse on city for damage for accident on defective street. Sec. 87. No recourse shall be had against such city, or city and county, for damage to person or property suffered or sustained by or by reason of the defective condition of any street or public highway of such city, or city and county, whether originally existing or occasioned by construction, excavation, or embanlvment, or want of repair of said street or public highway; and whether such damage be occasioned by accident on said street or public highway, or by falling from or upon the same; but if any person while carefully using any street or public highway of such city and county, graded, or in course of being graded, or carefully using any other street or public highway leading into or crossing the same, be injured, killed, lost, or destroyed; or any horses, animals, or other property be lost, injured, or destroyed, through any defect in said street or public highway, graded, or in course of being graded, as aforesaid, or by reason of any excavation or embankment in or of the same, or by falling from or upon such embank- ment or excavation, then the person or persons upon whom the law may impose the duty either to repair such defect or to guard the public from the excavation, embankment, or grading aforesaid, and also the oflicer or officers through whose ofiB- cial neglect such defect remained unrepaired, or said excavation or embankment remained un- guarded as aforesaid, shall be jointly and several- 660 Municipal Corporations. ly liable to the person or persons injured for the damages sustained. Improvement of streets by property owners. Sec. 88. The superintendent of streets may re- quire, at his option, by notice in writing, to be de- livered to them personally or left on the premises, the owners, tenants, or occupants of lots or portion of lots liable to be assessed for work done under the provisions of this chapter, to improve forth- with any of the work mentioned in section sixty- seven of this act in front of the property of which he is the owner, tenant, or occupant, to the center of the street or otherwise, as the case may require, or to remove all filth, sand, earth, or dirt from the street in front of the premises; and, by a like no- tice, to be served personally upon the president or any officer of a railroad corporation or company, or to be left at the office of said corporation or company, to require such corporation or company to improve forthwith any work mentioned in this chapter, which said corporation or company are required by law to do and perform; said notice to specify what improvement is required or work is to be done. After the expiration of five days, if such notice shall not have been complied with, such proceedings shall be taken by the proper au- thorities to cause the moneys necessary for the do- ing of such work to be paid into the treasury as is hereinbefore provided in reference to work and improvements upon unaccepted streets, and to be paid for in the same manner. Notice, how served. Sec. 89. Notices in writing, which are required to be given by the superintendent of streets, un- der the provisions of this chapter, may be served by any police officer, or by any male citizen over the age of twenty-one years; and the fact of such service shall be veri'fied by the oath of the per- son making it, talven before the superintendent (who is hereby authorized to administer oaths), or any other person authorized to administer oaths. The superintendent of streets shall keep a record of tlie fact of giving such notices and proof of ser- vice, and shall keep the original proof thereof. Levy of taxes. Sec. 00. 1. On or before the fourth Monday of July, annually, the municipal council of such city. Municipal Corporations. 6G1 or city ancl county, shall levy the amount of taxes for city, or city and county, purposes, required by law to be levied upon all property not exempt from taxation; said amount to be such as the said council may deem sufficient to provide for the pay- ment of all demands upon the treasury authorized by law to be paid out of the same; provided, that such taxation, exclusive of any and all special taxes, now or which hereafter may be authorized by law, shall not in the aggregate exceed the rate of one dollai- upon each one hundred dollars val- uation of the property assessed; provided further, that the said municipal council shall, in maliing^ the said levy of taxes, apportion and divide the taxes so levied, and to be collected and applied to the several specific funds known as the corpora- tion debt fund, general fund, school fund, street- light fund, street-department fund, or other fund provided for by law or by the said council, accord- ing to the estimate of said council of the necessi- ties of the said funds, except that the rate for the school fund shall not exceed thirty-five dollars for each pupil who shall have attended and been taught the preceding year; and provided further, that the said municipal council shall authorize the disbursement of said money for the purposes here- after mentioned; and at the close of each fiscal year tlie said council shall direct the treasurer to transfer all surplus moneys of all funds, excepting the school fund, after liquidating or providing for all outstanding demands upon said funds, to the general fund; but no money shall be transferred from either of the said funds to another, nor used in paying any demands upon such other fund, un- til all the indebtedness arising in any fiscal year, and payable out of said funds so raised for said fiscal year, shall have been paid and discharged. Corporation debt fund. 2. The corporation debt fund shall be applied to and used for the payment of the interest, and to extinguish or provide for the extinguishment of the lawfully contracted funded debts of such city, or city and county, in accordance with laws in force at the time of the organization of such city, or city and county, under this act. ^.^ Gen. Laws~56 662 Municipal Corporations. General fund. 3. The general fund shall be applied and used for the payment of all sums authorized by law to be paid out of the general fund, and not other- wise provided for in this chapter. School fund. 4. The school fund shall be applied and used for tlie payment of all sums authorized by law to be paid out of the school fund. Street-light fund. 5. The street-light fund shall be applied and used in the payment for lighting the streets of such city and county, and for the repair of lamps and posts, in pursuance of any existing or future legal contract of such city and county. Street department fund. 0. The street department fund shall be applied and used for repairing -and improving all streets, lanes, and the crossings thereof, which shall have been or hereafter may be accepted, so as to become a charge upon such city and county; for cleaning streets, lanes, crossings and sewers; and for the expense of improvements of streets in front of school lots; for all street work in front of or as- sessable upon property belonging to such city and county; for all street worli on the water front of such city and county, not by law assessable upon private property; for all work authorized by the said council, upon the recommendation of the su- perintendent of streets, as immediately essential for the safety of life, limb, or property, or neces- sary for public health, or which cannot be by law assessed upon private property, and for such oth- er objects relating to streets and highways as shall be directed by law or said council to be paid there- from. All moneys received from licenses on vehi- cles, from the income from street railroads, from fines and penalties for violation of any law or or- dinance regulating vehicles on the public streets, shall be paid into the street-department fund. No payment of public funds unless authorized by law. Sec. 91. No payment can be made from the treasury or out of the public funds of such city, or city and county, unless the same be specifically authorized by law, nor unless the demand which Is paid be duly audited, as in this chapter provid i ^Iiinicipal Corporations. 663 ed, and that must appear upon the face of it. No demand upon the treasury shall be allowed by the auditor in favor of any person, officer, company, or corporation, in any manner indebted thereto without first deducting the amount of such in- debtedness, nor to any person or officer hav- ing the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, approved, and at- lowed, as required by law; nor in favor of any of- ficer who shall have neglected to make his official returns or his reports, in writing, in the manner and at the time required by law, or by the regu- lations established by the municipal council; nor to any officer who shall have neglected or refused to comply with any of the provisions of this or any other act of the legislature regulating the duties of such officer, on being required in writing to comply therewith by the president of the board of aldermen, or any member of the finance commit- tee of the municipal council; nor in favor of any officer for the time he shall have absented himself without lawful cause, from the duties of his of- fice, during the office hours prescribed in this chapter; and the auditor may examine any officer receiving a. salary from the treasury, on oath, touching such absence. Definition of "audited." Sec. 92. The term "audited," as used in this chapter with reference to demands upon the treas- ury, is to be understood their having been present- ed to and passed upon by every officer and board of officers, and finally allowed as required by law; and this must appear upon the face of the paper representing the demand, or else it is not audited. What demands to be audited. Sec. 93. Every demand upon the treasury, ex- cept the salary of the auditor, and including the salary of the treasurer, must, before it can be paid, be presented to the auditor for such city, or city and county, to be allowed, who shall satisfy him- self whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury of such city and county is authorized by law, and out of what fund. If he allow it, he shall indorse nnnn it the word "allowed," with the 664 Municipal Corporations. name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto; but the allowance or approval of the au- ditor, or the municipal council, or either branch thereof, or any board, committee, or officer, of any demand which, upon the face of it, appears not to have been expressly made by Taw payable out of the treasury or fund to be charged there- with, shall afford no warrant to the treasurer or other disbursing officer for paying the same. No demand can be approved, allowed, audited, or paid, unless it specify each several item, date, and value composing it, and refer to the law, by title, date, and section, authorizing the same. Demands of auditor, how allowed. Sec. 94. The debiand of the auditor for his monthly salary shall be audited and allowed by the president of the board of aldermen. All other monthly demands on account of salaries, allow- ances, or compensations fixed by law or this act, and made payable out of the treasury of such city, or city and county, may be allowed by the auditor without any approval. All demands payable out of the school fund must, before they can be al- lowed by the auditor, or paid, be previously ap- proved by the board of education, or by the presi- dent thereof, and superintendent of schools, act- ing under express authorization of said board. Demands for teachers' wages, or other expenses appertaining to any school, cannot be approved, allowed, or audited to any amount exceeding the share of school money which such school will be entitled to have apportioned to it during the cur- rent fiscal year. All other lawful demands pay- able out of the treasury, or any public funds of such city, or city and county, and not hereinbe- fore in this section specified, must, before they can be allowed by the auditor in any manner, or recognized, or paid, be first approved by the mu- nicipal council, except, if the demand be under two hundred dollars, by the mayor and two mem- bers of the board of aldermen, appointed by the said board for that purpose, with power to act un- der and subject to its instructions and regulations during recess of the said board. The auditor must number and keep a record of all demands on the Municipal Corporations. 665 treasury allowed by him, showing the number, date, amount, and name of the original and pres- ent holder, on what account allowed, out of what fund payable, and, if previously approved, by what officer, officers, or board it has been so ap- proved; and it shall be deemed a misdemeanor in office for the auditor to deliver any demand with his allowance thereon until this requisite shall have been complied with. Who may administer oaths. Sec. 95. The mayor, mayor's clerk, auditor, au- ditor's clerk, chief of police, police commission- ers, president of the board of education, each member of the municipal council, and every other officer required by law or ordinance to allow, au- dit, or certify demands upon the treasury, or to perform any other official act or function, shall have power to administer oaths and affirmations, and take and hear testimony, concerning any mat- ter or thing concerning any demand upon the treasury, or otherwise relating to their official du- ties. Every officer who shall approve, allow, or pay any demand on the treasury not authorized by law, or by a valid ordinance of the municipal council, passed in accordance with the same, or in case it is the act of a board, who shall, as a member thereof, vote for the same, shall be liable to the city, or city and county, individually, and on his official bond, for the amount of the demand so illegally approved, allowed, or paid. Every citizen shall have the right to inspect the books of the auditor, treasurer, secretary of the board of aldermen, and clerk of the house of assistant aldermen, at any time during business hours. Copies or extracts from said books, duly certified, shall be given by the officer having the same in custody, to any citizen demanding the same and paying fifteen cents per folio of one hundred words for such copies or extracts. Payment of audited demands. Sec. 96. Every lawful demand upon the treas- ury, duly audited as in this chapter required, shall in all cases be paid on presentation, and can- celed, and the proper entry thereof be made, if there be sufficient money in the treasury belong- in^ to the fund out of which it is payable; but 666 Municipal Corporations. if there be not sufficient money belonging to said fund to pay such demand, then it shall be register- ed in a book to be liept by the treasurer for that purpose, showing its number, when presented, date, amount, name of the original holder, and on what account allowed, and out of what fund payable, and being so registered, shall be return- ed to the party presenting it, with an indorse- ment of the word "registered," dated and signed by the treasurer. Investigation of non-payment of audited demands. Sec. 97. Whenever any audited demand has been presented to the treasurer and not paid, and it be made known to the president of the board of aldermen, he shall proceed immediately to investi- gate the cause for such non-payment, and if it be ascertained that the demand has been illegally and fraudulently approved or allowed, he shall cause the officer guilty of such illegal and fraud- ulent approval or allowance to be suspended and proceeded against for misconduct in office. If he ascertains that the demand has been duly audited, and that the treasurer has funds applicable to the payment thereof, which, without reasonable grounds for doubt as to the legality of such pay- ment, he refuses to apply thereto, he shall pro- ceed against him as a defaulter. If it be ascer- tained that the demand was not paid for want of funds, then he shall cause the tax collector, or other officer or person who ought to have collect- ed or to have paid the money into the treasury, if they have been grossly negligent therein, to be proceeded against according to law and without delay. Receipts for money by all officers. Sec. 98. The treasurer, for all money received Into the treasury, and all other officers of such city, or city and county, receiving money from the treasury of disbursement, shall give receipt for all moneys by them received, which receipt shall be presented to and countersigned by the auditor. The auditor, before countersigning any such re- ceipt, shall number it and make an entry in a book of record to be kept in his office for that pur- pose, of the number, date, and amount, by whom and in whose favor given, and on what account. Municipal Corporations. 667 No such receipt shall be valid as evidence in fa- vor of the person or officer receiving it till present- ed to the auditor and countersigned as aforesaid; and any person or officer using or offering to use such receipt as evidence in favor of such person or officer, of tlie payment specified in it, without being first countersigned as above required, shall forfeit to such city, or city and county, double the amount of money specified in such receipt. Eemedy against auditor and other officers. Sec. 99. If any person feel aggrieved by the de- cision of the auditor, or other proper officer or officers of such city, or city and county, except the board of education, in the rejection of or re- fusal to approve or allow any demand upon the treasury presented by such person, he may appeal and have the same passed upon by the municipal council, whose decision thereon shall be final; and if the said council shall approve and allow the de- mand, it shall afterwards be presented to the au- ditor, and entered in the proper book, in like man- ner as other demands allowed by him, and an in- dorsement must be made of its having been so en- tered before it can be paid; but nothing herein contained shall be construed to bar the party pre- senting the claim from prosecuting the same in any court of competent .inrisdiction; provided, that from the decision of the president of the board of education and superintendent of schools, refusing or not agreeing to allow any demand payable out of the school fund, the appeal shall be taken to the board of education, whose decision shall be final; but nothing herein contained shall be construed to bar the party presenting the claim from prose- cuting the same in any court of competent juris- diction. Opinion of city attorney. Sec. 100. In all cases of such appeals to the municipal council, or the board of education, if, in the opinion of said council or of said board deemed expedient, the opinion of the city, or city and county, attorney shall be required, and ob- tained in writing, read, and filed; and upon such appeal, and in all other cases upon the approval or allowance of any demand upon the treasury or school fund, the vote shall be taken by "yeas" and "nays," and entered upon the records. 668 Municipal Corporations. Examination of bool^s of treasurer and otlier of- ficers. Sec. 101. The president of the hoard of alder- men, in conjunction with the auditor and the chairman of the house of delegates of such city, or city and county, shall, every month, examine the boolis of the treasurer and other officers of such city, or city and county, having the collec- tion and custody of the public funds, and shall be permitted, and it shall be their duty, to see and count over all the moneys remaining in the hands of such treasurer, or other officer, after having previously ascertained the amount which should be remaining in his hands. The finance committee shall also, twice a year, viz., on the first Monday in July and January, make the same examina- tion of boolvs, count said money, and report the result to the municipal council. If they ascertain clearly that such treasurer, or other officer, is a defaulter, they shall forthwith take possession of all funds, books, and papers belonging to such of- fice, and the president of the board of aldermen shall appoint a person to fill the same until the said defaulting officer can be proceeded against according to law, which shall be done without delay, and until the said officer shall be restored to duty or office, or until his successor shall be appointed, or elected and qualified. The person so appointed shall give bonds and take the oath of office in the same manner as was required of the officer whose place he is appointed to fill. If the treasurer, or other officer so discharged as de- faulter, be acquitted thereof, he shall resume his duties. , ii One-twelfth law. Sec. 102. Neither the municipal council, the board of education, nor any other board, commis- sion, committee, officer, or person, shall have pow- er to authorize, allow, contract for, pay, or render payable, and they are prohibited from authoriz- ing, allowing, contracting, paying, or rendering payable, in present or future, in any one month, any demand or demands, liability or liabilities, against the treasury of such city, city and coun- ty, or tiie funds thereof, which shall, in the aggre- gate, exceed one twelfth part of the amount al- lowed by laws existing at the time of such con- Municipal Corporations. 669 tract, authorization, allowance, payment or lia- bility, to be expended within the fiscal year of Which said month is a part; provided, however, that if, at the beginning of any month, any mon- ey remains unexpended in any of the funds set apart for maintaining the municipal government of such city, or city and county, and which might lawfully have been expended the preceding month, such unexpended sum or sums may be carried for- ward and expended by order of the municipal council, for the same purpose allowed by law in any succeeding month of the fiscal year. All con- tracts, authorizations, allowances, payments, and liabilities to pay, made or attempted to be made, in violation of this section, shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury of such city, or city and county; and all officers of such city, or city and county, are hereby charged with notice of the condition of the treasury of such city, or city and county, and the extent of the claims against the same. Duties of certain officers under the one-twelfth law. Sec. 103. It is the duty of the superintendent of streets to keep an exact account of all street and sewer worlv upoa accepted streets, and it shall be the duty of the building committee to keep an ac- count of all work done on all public buildings and every other expenditure chargeable against the treasury in any of the departments under charge of said building committee and officers; and it is the duty of the superintendent of schools, the president of the board of education, the president of the board of fire commissioners, the president of the board of election directors, the president of the board of police commissioners, and every other officer and board having the power to contract any demand, or to aid in the contraction of any de- mand, against said treasury, to keep an exact and full account of all purchases, expenditures, and liabilities made or contracted in their respective departments; and for the purpose of making such accounts, said officers shall have power to demand and receive from every other city, or city and county, officer, detailed statements in writing. 670 Municipal Corporations. when necessary to keep said accounts, arid it is hereby made the duty of any and all officers to furnish said statements when demanded; such ac- counts shall be constantly posted up to date, so that it can be Ivuowu exactly at any time what part or proportion of the monthly sum allowed by this chapter and existing laws has been contract- ed for, paid, or rendered liable to pay in the pres- ent and future. Such accounts shall show every contract for street and sewer work, public build- ings, purchases of material, or supplies, or other expenditure, in whatever department it is made, from its incipiency through the various stages of progress to completion, with the amount to be paid for the same so far as the same is capable of exact estimation, and when not, then a sworn es- timate by the proper officer of the probable cost. Whenever, at any time, the contracts performed or unperformed, claims due or to become due, ex- ceed said one twelfth part of the amount that can be lawfully expended out of any fund in the cur- rent fiscal year, the president of the board, head of department, or other officer or board having the supervision of such expenditure, shall give no- tice thereof in writing, as to his or their depart- ment, to the auditor and the treasurer, and to the municipal council a notice in waiting, served up- on the clerks of each branch thereof, and shall post the same in his or their office, from which time no furtlier contracts shall be made or expen- ditures authorized or allowed, until such time has elapsed as will allow of further proceedings con- sistent with the provisions of the law. Penalty for non-compliance with law. Sec. 104. Any failure or neglect on the part of any of said officers or boards, or members of boards, to comply with any of the provisions of the preceding sections, shall render such officer, and each member of such board consenting thereto, liable personally and upon his official bond to any contractor or other person suffering damage by said failure or neglect; but such contractor or per- son damaged shall have no remedy against such city, or city and county, and the said officers or members of boards authorizing or aiding to au- thorize, auditing, or allowing any claim or demand Municipal Corporations. 671 upon or against said treasury, or any fund there- of, in contravention thereof, sliall be liable in per- son and on his official bond to the contractor or person damaged, to the extent of his loss. The treasurer paying any claim authorized, allowed, or audited in contravention of the provisions thereof shall be liable on his official bond to re- fund the same to such city, or city and county, ^and it shall be the duty of the city, or city and county, attorney to sue for the same, if necessary. Exception to operation of one-twelfth law. Sec. 105. In case of any great public calamity or danger, such as earthquakes, conflagrations, pesti- lence, invasion, insurrection, or other great and unforeseen emergency, the provisions of the three preceding sections may be temporarily suspended, as to any lawful contract, authorization, or ex- penditure necessary to avert, mitigate, or relieve such evil; provided, that such expenditure, con- tract, or authorization shall be passed by the un- animous vote of all members elected or appointed to each house of the municipal council, and en- tered in the journals of each house, and the char- acter and fact of such emergency must be recited in the ordinance authorizing such action; and such ordinance must be approved by the mayor, auditor, and treasurer of such city, or city and county. Printing and advertising must be let to lowest bid- der. Sec. 106. All city, or city and county, official printing and advertising, for all departments thereof, excepting that of the sheriff's office, shall be let by the municipal council, during the month of January of each year, to the lowest responsible bidder, printing, publishing, and proposing to ad- vertise in a newspaper of general circulation in such city, or city and county, and that has been in existence at the time of the letting of said con- tract at least three years; and provided, that any such newspaper may bid for the whole or any part of the advertising. The bids shall be opened by the board of aldermen, and all bidders may be present thereat. No bid shall be considered in which there shall be any erasure or interlineation. Aji^such contracts, when awarded, shall be enter- 672 Municipal Corporations. ed into and bonds tal^en by tlie clerli of the board of aldermen, in such sum and containing such conditions as the board of aldermen shall provide. Contracts, how made. Sec. 107. All contracts relating to city, or city and county, affairs shall be in writing, signed and executed in the name of the city, or city and county, by the officer authorized to make the same; and in cases not otherwise directed by the law, such contracts shall be made and entered in- to by the mayor. All contracts shall be counter- signed by the auditor, and registered, by number and dates, in his office, in a book to be kept by him for that purpose. In all cases of letting contracts to bidders, when for any reason a contract fails of completion, new bids shall be invited, opened, and awarded, as provided in this chapter in the first instance, until a sufficient contract is exe- cuted. In all cases when the board of aldermen have reason to think the prices too high, or that bidders have combined together to prevent genu- ine bidding, or for any reason that the public in- terests will be subserved, it may, in its discre- tion, reject any and all bids, and cause the same to be readvertised. The provisions of this act, as to bids and contracts, shall be enforced by the municipal council by appropriate ordinances as to all bids, proposals, and contracts with such city, or city and county, or any department thereof. Article lY. — Executive Department. Qualifications and duties of mayor. Sec. 118. The mayor shall be the chief execu- tive officer; shall be a qualified voter, at least twenty-five years of age, and shall have been a citizen of the United States and of this state, and a resident in such city, or city and county, for three years. It shall be his duty vigilantly to oj)- serve the official conduct of all public officers of such city, or city and county, and to take note of the fidelity and exactitude, or the want thereof, with which they execute their duties and obliga- tions, especially in the collection, custody, admin- Municipal Coi-porations. 673 istration, and disbursement of the public funds and property, for which purpose the books, rec- ords, and official papers of all boards, officers, and magistrates of such city, or city and county, shall at all times be open to his inspection. He shall take especial care to see that the books and rec- ords of all such officers are kept in legal and prop- er form; and any official defalcation, or willful neglect of duty, or official misconduct, which he may hare discovered, or which shall have been re- ported to him, shall at the earliest opportunity be laid before the municipal council, and before the grand jury, in order that the public interests shall be protected and the officer in default be proceed- ed against according to law. He shall, from time to time, give the municipal council information relative to the state of such city, or city and coun- ty, and shall recommend to their consideration such measures as he may deem expedient in the interests of the city. He shall take care that the laws of the state and the ordinances of the muni- cipal council are enforced. Mayor pro tempore. Sec. 119. Whenever and so long as the mayor, from any cause, is unable to perform his official duties, the board of aldermen shall designate one of their number as mayor pro tempore, who shall perform the same. Special sessions of council. Sec. 120. The mayor may, by due notice, call special sessions of the municipal council, and shall specially state to them, when assembled, the ob- jects for which they have been specially convened, and their actions shall be confined to such objects. Duties of auditor. Sec. 121. The auditor shall be the head of the fi- nance department of such city, or city and coun- ty, and as such required to be constantly acquaint- ed with the exact condition of the treasury, and every lawful demand upon it. He shall keep a public office, and give his personal attendance there daily during the office hours fixed in this chapter, and shall not follow or engage in any other occupation or calling while he holds said of- fice. If he absents himself from his office during STTCh office hours, except on indispensable official Gen. Laws— 57 674 Municipal Corporations. business or urgent necessity, he shall lose his sal- ary for the day; and it shall be a part of his offl cial duty to keep account of the times and occa- sions when he shall be so absent from duty. He shall be the general accountant of such city, or city and county, and as such it shall be his duty to receive and preserve in his office all accounts, books, vouchers, documents, and papers relating to the accounts or contracts of such city, or city and county: its debts, revenues, and other fiscal affairs, and to adopt a proper mode and manner of double-entry book-keeping, and keep the ac- counts of such city, or city and county, general and special, in a systematic and orderly manner. He shall state and render all accounts filed or kept in his office between the city and other persons or body corporate, except when otherwise provided by law or ordinance. He shall have power to ad- minister oaths, and shall require settlements of ac- counts to be verified by affidavit whenever he thinks proper. He shall be responsible for all acts of his employees. Duties of treasurer. See. 122. The treasurer of such city, or city and county, shall receive and safely keep in a secure fire-proof vault, to be prepared for that purpose, all moneys belonging to or which shall be paid into the treasury, and shall not loan, use, or deposit the same, or any part thereof, to or with any banker or other person, nor pay out any part of said moneys except on demand authorized by this chapter, and after they have been duly audited. He shall keep the key of said vault, and not suffer the same to be opened except in his presence. At the closing up of the same each day he shall take an account and enter in the proper book the exact amount of money on hand, and at the end of every month he shall m.ake and publish a statement of all receipts into and payments from the treasury, and on what account. If he violates any of the provisions of this section he shall be considered a defaulter, and shall be deemed guilty of a mis- demeanor in office, and be liable to removal, and shall be proceeded against accordingly. If he loan or deposit said moneys, or any part thereof, con- trary to the provisions of this section, or apply the Municipal Coi-porations. 675 same to his own use, or tlie use of any other per- son, in any manner whatsoever, or suffer the same to go out of his personal custody, except in pay- ment of audited demands upon the treasury, he shall be deemed guilty of a felony, and, on convic- tion thereof, shall sutfer imprisonment in the state prison for a period not iess than three months nor more than ten years. Duties of treasurer. Sec. 123. The treasurer shall keep the money belonging to each fund separate and distinct, and shall in no case pay demands chargeable against one fund out of moneys belonging to an- other, except as otherwise provided in this cliap- ter, without an ex]jress ordinance of the municipal council, which can only be made during or after the end of the third quarter of the fiscal year, by a vote of two-thirds of each house. The said treasurer shall give his personal attendance at his public office during the office hours fixed by this chapter, and if he be absent himself therefrom, ex- cept on account of sickness or urgent necessity dur- ing such office hours, he shall lose his salary for the entire day on which he was absent. Duties of county clerk. Sec. 124. The county clerk of such city and coun- ty shall take charge of and safely keep, or dispose of according to law, all books, papers, and records which are or may be filed or deposited in his office, and of all the courts of which he is clerk; and he shall not allow any paper, files, or records to leave his custody, except when required ^y the judges of the courts, to be used by them or any of them. Original papers not to be produced in court except on subpoena. Sec. 125. No judge or officer of any court shall make any order for the delivery by the county clerk of such city and county, of any paper, files, or records in his custody, except bills of excep- tions and statements on motion for a new trial; nor shall the courts, or judges thereof, have any power to make orders for the delivery of any cer- tificate of incorporation, bonds, or other papers filed with the said county clerk. Whenever any of said papers are required for evidence in any of th^e courts within such city and county, the county 676 Municipal Corporations. clerk, or his deputies, shall produce the same under subpoena or order of the court, or furnish certified copies of the same on application, on payment to said clerk for said copy at the rate of ten cents per folio for each hundred words, which shall be paid into the city and county treasury by him. County clerk not to attend as witness outside of city, umless his expenses are paid. Sec. 126. Neither the county clerk nor any of his deputies shall be required to attend as witnesses, in their ofllcial capacity, outside of such city and county, except in criminal cases, unless his ex- penses be paid at the rate of ten cents per mile to and from the place wliere he may be required, and three dollars a day for each day's attendance. A sufficient number of deputies shall be assigned by liim as courtroom clerks to the various courts of which he is the official clerk, while such courts are in session, and to do duty in the office when such courts are not in session. He shall transfer such deputies to duty in court, or at his office, as the exigency of the service may require, so as to efficiently perform the work in the most economi- cal manner possible. Fee for law library. Sec. 127. On the commencement in or removal to the superior court of such city and county of any civil action or proceeding, he shall collect from the plaintiff, or party instituting such proceeding or filing the first papers therein, the sum of one dollar, and pay over the same at the end of each month to the treasurer of the law library provid- ed for in this chapter; and the payment of the sum of one dollar shall be a condition precedent to the commencement of such action or proceeding, for which sum so required to be collected he and his sureties shall be responsible on his official bond. Tax collector to be charged with moneys, etc., coming into his hands. Sec. 128. The tax collector, upon the final set- tlement to be made by him as such tax collector, according to the requirements of the law, shall be charged with, and shall pay into the hands of the treasurer, the full amount of all taxes paid to him under protest or otherwise, or by him collected and Municipal Coi^porations. 677 not previously paid over, without any deduction of commissions, fees, or otherwise; he shall also be charired with and be deemed debtor to the treas- ury for the full amount of all taxes due upon the delinquent list delivered to him for collection, un- less it be made to appear that it was out of his power to collect the same by levy and sale of any property liable to be seized and sold therefor. If the impossibility to collect any portion of such de- linquent taxes have resulted from such n'eglis^ence or defects in such assessment caused by the will- ful misconduct of the assessor, then the assessor whose duty it was to make the assessment shall be liable and be deemed debtor to the treasury fop the amount remaining uncollected for that cause. Election of assessor and his duties. Sec. 129. There shall be elected by the qualified voters of such city, or city and county, at the lieneral state election, an assessor, who shall take office on the first INIonday after the first day of January next following his election, and hold for the term of four years, and until his successor is elected and qualified. It shall be his duty to as- sess all taxable property within sucli city, or city and county. Duty of sheriff. Sec. 130. The sheriff shall attend in person, or by deputy, all tlie courts in and for such city nnd county, except the police courts. He shall obey the lawful orders and directions of such courts, and in all otlier respects conform to the laws reg- ulating sheriffs in this state. Duties of recorder. Sec. 131. The recorder of such city and county shall have the custody of all books, records, maps, and papers deposited in his office. He, or his chief deputy, when any papers are presented for registration, or to be copied, shall write on the margin of each paper so presented the number of folios paid for, and shall, in his monthly return to the treasurer, certify under oath the number of folios copied or registered by each deputy or copy- ist appointed by him; and such certificate of the recorder or his chief deputy shall be conclusive evidence to autliorize the auditor to audit such .^gjertified accounts of such deputies or copyists 678 Municipal Coiporations. montlily. He shall appoint as many copyists as he shall deem necessary to the proper discharge of the duties off his office, who shall be paid at the rate of twelve cents per folio of one hundred words for all matters registered or copied by them respectively. Duties of district attorney. Sec. 132. The district attorney is the public pros- ecutor, and shall be an attorney of the supreme court, arid shall attend the superior court of this state, in and for such city and county, and such other courts as may be hereafter established in and for the same, and conduct therein, on behalf of the people, all prosecutions for public offenses. He shall perform such other duties as are pre- scribed by law. Duties of city and county attorney. Sec. 13.3. The city, or city and county, attorney shall be an attorney of the supreme court, and shall prosecute and defend all suits and actions at law and in equity, and conduct all legal proceed- ings, In the courts and elsewhere, necessary to preserve and protect such city's, or city and coun- ty's, rights, whether such suits or proceedings be conducted in the name of such city, or city and county, or in the name of others. He shall give legal advice to the city government, and all the officers, boards, and departments thereof, when required so to do, and perform such other duties as such attorney as the municipal council shall from time to time prescribe. He shall keep in his office well-bound books of registry, in which shall be entered and kept a register of all actions, suits, and proceedings in which such city, or city and county, is interested. Each outgoing city, or city and county, attorney shall deliver such books and all other records, law reports, quarterly re- ports from municipal boards and officers, docu- ments, statutes, papers, furniture, and property, in his possession, to his successor in office, who shall give him duplicate receipts therefor, one to be filed in the office of the auditor, and one to be re- tained by the outgoing city, or city and county, attorney. Public administrator. Sec. 134. The public administrator of such city, Municipal Corporations. 679 or city and county, shall be subject to the orders of the superior court in and for such city, or city and county, and shall perform all the duties pre- scribed by law. Duties of coroner. Sec. l'-\o. The coroner of such city, or: city and county, in addition to the duties imposed by law upon every coroner, shall keep a record of all in- quests held by him, with a copy of all testimony and the inquisition of the jurors in full; and in case of loss of the orij?inal records, the same shall be admissible in evidence with like effect as the ori,£?inal would have been. He may appoint such deputies, and a messenger or messengers, as are allowed in this act, or as may be hereafter al- lowed by the municipal council of such city, or city and county. He shall receive no fees for any ser- vices rendered by him. Duties of superintendent of streets. Sec. 136. The superintendent of streets shall keep a public oflSce, in some convenient place, to be designated by the municipal council. His of- fice shall be kept open as in this chapter provided. He shall not, during his continuance in office, fol- low any other profession or calling, but shall be required to devote himself exclusively to the du- ties of his said office. He shall have under his special charge the construction, reconstruction, repairing, and cleansing of all public sewers, man- holes, sinks, drains, cesspools, and of the public streets, highways, alleys, places, and squares, ex- cepting the parks. It shall be his duty to see that the laws, orders, and regulations relative to the public streets and highways, alleys, places, and squares are carried into execution, and that the penalties therefor are rigidly enforced, as may be prescribed by the municipal council. He shall keep himself informed of the condition of all pub- lic streets, highways, alleys, places, and squares; and should he fail to see that the laws, ordinances, and regulations relating to the public streets, highways, alleys, places, and squares are carried into execution, after notice from any citizen of a violation thereof, such superintendent and his sureties shall be liable upon his oflBcial bond to any person injured in person or property by such oflT&ial neglect. 680 Municipal Corporations. Duties of surveyor. Sec. 137. The city, or city and county, surveyor shall be engineer-in-chief of such city, or city and county, and of the sewerage system; shall make all necessary plans, surveys, maps, and drawings, and other necessary things, and keep the same in his office, and all such maps, plans, machinery, and drawings shall be the property of such city, or city and county, and remain in the office, and be transferred by the outgoing to the incoming officer. He shall do all necessary surveying and engineering for the streets, alleys, highways, and squares, at the request of the municipal council, or of any committee appointed by either branch of the same, and all or any other surveying and engineering worlv that such city, or city and coun- ty, may require, and of the public parks, at the request of the park commissioners. Appointment of collector of licenses and his duties. Sec. 138. Within twenty days after their first meeting, the municipal council of such city, or city and county, shall appoint a suitable person as col- lector of licenses of such city, or city and county, who sliall hold office for two years from and after his appointment, and until his successor shall be appointed and qualified. In case of a vacancy oc- curring by death or otherwise in the office of the collector of licenses of such city, or city and coun- ty, holding his office under the provisions of tliis chapter, the same shall be filled for the remain- der of the unexpired term by appointment of the board of aldermen; and in case of the inability of said collector of licenses to act, his place shall, in the same manner, be temporarily filled until such disability is removed. J'he collector of licenses and his deputies are hereby authorized, empow- ered, and required to collect all the municipal li- censes now required to be collected, or which shall hereafter be required to be collected, by them, or either of them; and it shall be the duty of said collector of licenses, and his deputies, or assist- ant collectors, to attend to the collection of li- censes, and examine all places of business and persons liable to pay licenses, and to see that li- censes are taken out and paid for. They shall each have and exercise, in the performance of Municipal: Corporations. G81 their official duties, the same powers as police officers in serving? process or summons, and in making arrests; also shall each have and exercise the power to administer such oaths and affirma- tions as shall be necessary in the discharge and exercise of their official duties; and they, and each of them, are hereby empowered to enter any place of business for which a license by law is provid- ed and required, free of charge, at their pleasure, and to demand the exhibition of any license for the current time from any person, or firm, or cor- poration engaged or employed in the transaction of any business for which a license is by law rendered necessary; and if such person, or firm, or corporation, or either of them, shall be unable, or refuse, or neglect, or fail, to then and there exhibit such license, he, she, or they, as the case may be, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished accordingly. License moneys. Sec. 130. The collector of licenses shall daily pay to the treasurer of such city, or city and county, all moneys so collected for licenses sold, or by him received as fees; and shall, under oath, at least once in each calendar month, and oftener when required so to do by the auditor, make to the au- ditor a report of all such licenses sold and on hand, and of all amounts so paid to the city, or city and county, treasurer; shall at such time exhibit to the auditor all unsold licenses in his hands, and the treasurer's receipts for all moneys paid into the treasury; and all licenses so signed by the license collector, or deputy license collector, or either of them, shall be as valid as if signed by the city, or city and county, treasurer. All fees so paid to him shall be placed to the credit of the proper fund by the treasurer. Department of police. Sec. 140. The department of police of such city, or city and county, shall consist of: Police commissioners, how appointed. 1. A board of police commissioners of such city, or city and county, consisting of five members, each of whom shall be a qualified voter, at least thirty years of age, and shall have been a citizen orthe United States and of this state, and a resi- 682 Municipal Corporations. dent of such city, or city and county, for five years next preceding: his appointment, four of whom shall be appointed by the governor and chief jus- tice of the supreme court of the state of Califor- nia, within thirty days after the organization of such city, or city and county, under this act; and who shall hold office for the term of four years from and after the first Monday next succeeding the date of their appointment, and until their successors are appointed and qualified; and in the month next preceding the expiration of the said term, and every four years thereafter, the said gov- ernor and chief justice of the supreme court shall appoint their successors, who shall hold office for the term of four years from and after the first Monday next succeeding the date of their appoint- ment; but in making such appointments, the said governor and chief justice shall elect two quali- fied persons from each of the two dominant na- tional political parties. Vacancies that may occur in the office of any of the members so appointed shall be filled by appointment by said governor and chief justice, of some suitable person of the same political party as that to which the last in- cumbent belonged, and for the remainder of the vacant term only. The four members appointed, as hereinbefore provided, shall meet in such city, or city and county, on the first Monday next suc- ceeding the date of their appointment, and shall forthwith organize by electing one of their number president, and shall appoint the other member of said board, who shall be the chief of police of such city, or city and county. Every member of said board shall." before he enters upon the duties of his office, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the constitu- tion of the United States and the constitution of the state of California; that I will faithful- ly discharge the duties of police commissioner ac- cording to the best of my ability; and that in the discharge of my duties I will make no appoint- ment to or removal from the police force for po- litical or partisan reasons; and that I will, to the best of my ability, discharge the duties of said of- fice impartially and uninfluenced by political con- siderations, or any consideration other than that Municipal Corporations. 683 of tlie public good." Every member of said board who shall absent himself from such city, or city and county, for the continuous period of sixty days, shall, by force thereof, cease to be a police commissioner, and his office shall become vacant. No member of said board shall be eligible to any other office during his incumbency of the office of police commissioner. No member of said board shall, during his term of office, be a member of any convention, the purpose of wliich is to nomin- ate candidates for office, nor act as a judge, in- spector, clerk, or officer of any election, or pri- mary election, or take part in any election except to deposit his vote: nor shall any member of said board, directly or indirectly, influence, or attempt to influence or control, the political action of any member of the police force of such city, or city and county, or any employee of said department; nor shall any member of said board collect, or suf- fer to be collected, from any member or employee of said department, any assessment or contribu- tion for political purposes. A violation of any of the provisions of this section shall be a misde- meanor, and shall be cause for the immediate re- moval from office of the person guilty of such vio- lation. The said board shall hold sessions at least once a month in the office of chief of police, or in such other convenient place as the municipal coun- cil of such city, or city and county, shall desig- nate, or, in case of emergency, at such place as it shall select, and the clerk of the chief of police, hereinafter provided for, shall act as clerk of said board. Every member of said board, and the clerk of said board, shall have power to administer oaths in all matters pertinent to the business of their respective offices, and in all investigations pending before said board, or any member thereof. The said board shall keep a record of its proceed- ings. The said board shall have power: Powers of board. 1. To appoint, suspend, or remove any person from the police force of such city, or city and county: provided, however, that the chief of po- lice shall only be removable in the manner pro- vided by law for the removal of other municipal oflicers. 684 Municipal Corporations. Prescribe rules. 2. To prescribe all needful rules and regulations for the control, government, and discipline of said police force, and from time to time to alter or re- peal the same, and prescribe penalties for the vio- lation of any of them. Determine complaints. 3. To hear and summarily determine all com- plaints of misconduct, inefficiency, or other charge against any member of said police force, and to talve such action thereon as shall be conducive to the maintenance of the discipline and efficiency of the same. Grant permits. 4. To grant permits to all persons desiring to en- gage in the retail liquor business in such city, or city and county, and to revoke any such per- mit whenever it shall be made to appear to said board that the retail liquor business of the person to whom such permit was given is conducted in a disorderly or improper man- ner, or whenever it shall be made to appear that the person to whom such permit was granted has, after the grant of such permit, been convicted in the police or other court of such city, or city and county, of disorderly or improp- er conduct, or of the commission of any criminal offense upon the premises whereon such retail liquor business is conducted; provided, however, that whenever said board refuses to grant such permit, or proposes to revoke such permit, the per- son who is refused such permit, or whose permit is proposed to be revoked, shall be entitled to be heard before said board in person or through coun- sel, and to have free of charge all reasonable facil- ities for the full, fair, and impartial hearing on the merits of his application or opposition. In such permit shall be distinctly stated and described the name of the person to whom the same is given, and the premises on which such retail business is proposed to be carried on. Appoint special officers. 5. Upon the petition of any person, firm, or cor- poration, to appoint a special officer to do special service to be paid for by such person, firm, or cor- poration, specifying the boundary or locality at Muiiicii3al Corporations. 685 or within wliicli he is to act as such special offi- cer, which boundary or locality shall be described in his warrant of appointment; provided, that no special officer, shall be appointed to act in any part of such city, or city and county, common- ly known as the Chinese quarter; and provided further, that all special officers shall report daily to the chief of police, and be subject to his orders in case of emergency; and in no event shall such officers be paid by such city, or city and county. Badge. 6. To prescribe the badge of office and uniform to be worn by all members of the police force, and the badge of office to be worn by all special offi' cers. Contingent expenses. 7. To allow and order paid out of the police con- tingent fund, for contingent expenses, any and all orders signed by the chief of police; provided, that the aggregate of such orders shall not exceed the sum of seven thousand two hundred dollars a year, which sum shall be set apart annually in the treasury of said city and county for this purpose. Appoint substitutes. 8. To appoint substitutes, not to exceed four per cent of the police force, to serve under such regu- lations, and subject to such restrictions, as it may prescribe, and without pay from such city, or city and county. Issue subpoenas, etc. 9. To issue subpoenas, tested in the name of its president, and to enforce obedience thereto, and punish disobedience thereof, in the same manner and to the like extent as the justices' court of such city, or city and county; and to exercise the same powers as the said justices' court in preserving decorum in all open sessions of said board, and to punish any contempt committed thereat. Designate prisons. 10. To designate the prisons to be used for the reception of all persons arrested, convicted, or sentenced for public offenses in cases not provided for by law or by ordinance; to establish stations and station houses, or substations and substation- houses, at its discretion, for the accommodation ""•^^ Gen. Laws— 58 686 Municipal Corporations. thereat of members of the police force, and as places of temporary detention for persons arrested. Discretionary powers. 11. In its discretion, on conviction of a member of the force of any legal offense, or neglect of duty, or violation of the rules of the board, or neg- lect of or disobedience of orders, or incapacity, or absence without leave, or any conduct injurious to the public peace or welfare, or other breach of discipline, or immoral conduct, or any conduct un- becoming an officer, to punish the offending party by reprimand, forfeiting and withholding pay for a. special time, suspension, or dismissal from the force; all such fines shall be immediately paid into the treasury to the credit of the police life and health insurance fund. Warrant of appointment. 12. To issue to every member of the police force a proper warrant of appointment, signed by the president and countersigned by the clerk of the board, which warrant shall contain the date of his appointment and his rank. Supplies. 13. To make a requisition on the municipal coun- cil of such city, or city and county, for all supplies or necessaries that may be required in the adminis- tration of the department; provided, that the ag- gregate amount of the same, exclusive of salaries, shall not, in any one fiscal year, exceed the sumj of five thousand dollars. Report, when made. 14. To annually, on or before the first day of j August, report to the municipal council an esti- mate of the amount of money that will be required I to pay all salaries of the department, and of the) amount of money that will be required for the ad- ministration and support of the department in such year, specifying in detail the purposes and items for which the same will be required, with the esti- mated cost thereof, respectively. Sale of property. 15. To provide for the custody, care, restitution,] sale, time, place, and manner of sale of all prop- erty that may come into the possession of the' property clerk hereinafter provided for. Municipal Corporations. Gft-f Control police life insurance fund. 16. To control, care for, and manage the police life and healtli insurance fund hereinafter men- tioned, which fund shall consist of the moneys re- tained from the monthly salaries of the members of the police force, fines collected from members of said force, and of such other moneys as may be contributed thereto by law, or ordinance, or by gift, devise, or bequest, and of all moneys to the credit of said fund at the time said board shall take office, and to invest the moneys of said fund in such of the following securities as shall seem most safe and profitable, viz., the bonds of such city, or city and county, the bonds of the state of California, and the bonds of the United States of America. The moneys and securities shall be held by the treasurer of such city, or city and coun+y, who shall have no power to deposit, pledge, or in any other way part with the same, except on the order of said board. Payment to heirs out of fund. 17. To order paid, upon the death of any member of the police force, out of the police life and health Insurance fund, to the heirs of such member, the sum of one thousand dollars. Repayment to infirm officers. 18. To order paid, out of the police life and health insurance fund, to any police officer who shall re- sign by reason of bad health or bodily infirmity, the amount of the principal sum which such officer shall have contributed thereto. Repayment to incompetent officers. 19. To order paid, out of the police life and health insurance fund, to any officer dismissed for mere incompetency, not coupled with any offense against the laws of this state, an amount not ex- ceeding one-half of the principal which such officer may have contributed thereto; provided, that any officer dismissed for gross neglect or violation of duty, or upon conviction of any misdemeanor or felony, shall forfeit all claim upon said fund. Registration of demands. 20. In case said police life and health insurance fund shall not be sufficient to pay the demands on it, to cause such demands to be registered, and to bie^yaid in their order out of the fund as received. <;tNi .Muiii('i|Kil ('oriiorntioiiK. far jnfiMcntnl cxpenRO** hh in IiIk Jiuljrmont shall Im» fit]' th»' l«*Kt int»»n»Ht of hucIi city. «»r «lty aii of all such shall not. In any one lls«-al y«'ar, cxjmmmI the -ii;,. of srvcii thouHand two hunalo subject to the approval f»f the said board. Hf may. for troo lor tlH' t«'rni of four yt'ars from his appoint m«»nt. ;ind shall rccidvc a salary of four thousand «lol- lars pfr annum, payable monthly, at the end of <;ieh and every month. <'aptalns of pidler. how appoint***!. .''.. Six captains of im>||c«.. who shall 1m' npiN>inted l»y the board of poI|«i. commissioners from tin- iiuMnbers of the |M»lice force. wh«» shall be assigned to HtU'h duty, and who shall be subject to such tides :ind r«*i:ulatl«iiis. as the r-hlef of police shall prescrllw. They nhnll re' of two hun dred d(dlnrf( |wr month each, payable monthly, .1 the end of ea<'h and ev«»ry nwuith, IVdIce oiMcers, tlu'lr quallflcatlouM, powers, nnl dutlcfl. 4. Ah many i»ollce ofllcern. not e\< . ...lintr five hun orations. 601 thry l>ollovo him t<» bo, in nil rospoots, competent nn(i fit for the oftico. All such certilirates shall be pn'Sfivrd lu tli«' othoe of salt! board, and shall not bo rrturneint«'o to said police forc»> must luy a citizen of the I'nited States and of tlds state, nblo to read and write the Kn^rlish lanpua^e. and a resident of such city or city and county, at least five years previous to his appointment, except such member of said police f«irce a*< mny l>e in service at the time of the or- panization of said board: ^'Very appointee shall not be loss tliaii twenty-live n<»r more than forty years of ajre. and not less than five feet an«l seven Inclies in hcliiht. and shall, after his nomination, nnd before his appointment pass a thorou>;li exam Inatlon by tl>e surpe«»n of police, or by any pliysi- ciau n|>poiiif»>d by said b<»ard. and be found on such »'xaminatioii to be sound in healtli. and to possess tlie pliyshal tiualitlcatlons retpiiriMl for re- cruits for tlie Tnlted States army. The police otfl- o<»rs. in subjection to the rides and reK'ulatlous of the salil l>oard. to the orders of tlie respective cap- tains, and undrr t!ie ^reneral «lirection of the chief of police, shall be prompt and viL'ilant in tlie de- tection of crime, the arrest of ptiblic ofTenders. the 8Upi)resslon of all riots, frays, duels, and disturb- ances of the ptildle pence, the execution of j)roces."«» from t»>e iMillir ronrt In causlm: the abatement of i»ubllc iniisances. and tlie enforcement of the laws .Mild n'L'nlati(»ns of tlie police. They shall, ns soon as practicable, uih^m an arrest, under pennlty of dismissal from the force, or of a fine of not more than one hundred d<»llars. or of both, at the discre- tion of the l>oard. convey in piT.son the ofTender l>efore the nearest sitting magistrate. If the ar- rest Is made diirlmr the hours that the niairistrate do«»s not rci:id:irly hold coiu't. or if tlu» mnirlstrate Is not hohlini: Muuiciiwil Corporations. for incidontal expenses as in his judjrnient shall be for the best int<»rest <»f such ciiy. or city and county: provided, that the ajrirrefrate of all such sums sliall not, in any one liscal yi'ar. exceed the sum of sj'Vcn tliousand two liundreil dollars; but all sums so «lisbursed or paid shall l>e subject to the ai)proval of the said board. He may. for pood cause, uiant leave of absence for not more than thirty days to any member of the poli(«> force; but oMiccrs absent from the city within ov without the state on ofliclal business shall not be deemed to be abs»'nte<»s. As chief of police, he shall hold «>tHce for the term of four yi'ars from his appointment, and shall receive a salary «»f four thousand d«d- lars per annum, payable monthly, at the end of each and every month. Ciptains of police, how appointed. .".. Six eaptains of j»olice. who shall Im' nppolnteollce force, who shall bo assijjuerescril>e. They shall ref <'ach and ev«»ry month. r«>liee olllcers, their (luallflcatlous, powers, and duties. I. .\s many police offleers, not cxceodlnp five hun- dred, as the lM»ar1Ico commlsslon«Ts may di'termine to be necessary, to bo appointed by said iM.ard: but il shall be the duty of said board, on its first orjranl/atlon, to appoint as memlu'rs of the police force the mend)ers of the iM»li<'e force. If any. then in service, unless such members be In- ciunpetent or Incapable to serve. Kvery person applyinc for appoiutm«»nt to said police force, uidess lie be a nuMuber of the police ft>n*e then exist in;: in such city, or city and cotmty, shall produce .-nul file with the s.ald l>4)ard a certificate. sli:ne«l by not less than twelve freehold- ers and qualilied voters of tho smallest political subdivision of sueh city, or city and county, stat- in}; that tliey have been personally and well ac- quainted with the ;ippllcant for one year or more next preceding the application, ami that the appli- cant is of 2ood repute for honesty and sobriety, and Miinicii»al Corporations. 691 they iM'liove him to be, in all respects, competent and fit for the ottiee. All such certificates shall be prcscrvtMl in tlic otfice of said board, and shall not b«' rcturne hours that the mairistrate does not rcLTul.'iily hold court, or if the mairistrate is not holdin;: court, such offender may be de- tained in a station-house until the next public sit- lini: of the mairistrate. and no longer, unless dls- < harired on bail, accordinjr to law. No member nt the police force shall be eligible to any other ollii'e while a member of such force, nor sliall he take any part what«n'er in any conveiHion held for the i»urposes of a p(»litical party; nor shall he be a member of any political club; nor shall he be nl- «;!>2 .Municiiml Conjorntions. lowed to interfore with politics on the day of elec- tion, ov at any time while employed on said force, except to cast his vote. No member of said police force while on duty shall enter into any liquor- saloon. l)ar riH>m, or place where liquors are re- tailed, except when necessary in the «lischar}xe of his duties, on penalty of reprimand, line, suspen- sion, or removal from office. No member of the police force shall devote his time to any other pro- fession or calling', become bail for any person cliarped with any offense whatever, solicit counsel or attorneys for prisoners, receive any present or r<'\v;inl for <)tM<-inl services rendered, or to be ren- dered, unless with the knowkHliie and approbation of a majority of said board: such approbation to be t,'iv('n in writinjr and certified by the clerk of said board. Police (»llicers who shall be st'lected to act as sergeants of iK)lice. and police otlicers who shall be selected to act as detective police otlicers, shall e.-ich receive a .'^alary of one hun- dre two doll.-irs from every month's salary, to be i»ald into tlie fund of the pfilice life and health insurance fund herein mentioned. Sur.i;eon of police, and his duties. .5. A sur;:eon of pollcf. whose duty It shall be to attend to all cases of acclasuro, but he sliall uot be removed without just <'ause. He sliall receive a salary of two hundred dollars per montli. payable monthly, at the end of «'ach and every month. I'irc commissioners, how appointed and term of OffiCG. Soc. 141. There shall be a board of fire commis- Kionrrs of such city, or city and county, consisting of live persons, possesslnj: the same qualifications of olljriblllty as are herein prescribed for the mem- IxM-s of the* board of aldermen, who sliall be ap- pointed by tlie mayor, with the advice of tlie board of aidcriiu'M. and shall hold otfice for the term of four years from and after the time of their appoint- ment, and no more tlian three of whom sliall be- long' to tlie same national political party; provid- ed, tliat tlir lire cominissioiHTs now actini; as such in such city, or cjt.v and county, sliali continue to hold tlirir respective otflces uiitd tlie expiration of tlie term for which they may liave been respec- tively elected or appointed. I'owers and duties of fire r'ommlssloners. Sec. 142. The said board of fire commissioners sliall supervise and eontrol .said fire department, its olfirris. members, and emi»loyees. subject to tlie laws ;roverninir the s;ime. and sliall see tliat tlie ollicers. members, and employees thereof faithfully dlscharpc^ their duties, and that the laws, orders, and reirnl.M lions rel;itln^' thereto are carried into (►peratlon ami effect. They shall not, nor shall either <»f them, or the chief engineer, or assistant (•lii«'f enirineer. or assistant entrineers. of said fire dejiartinent. be interested in any contracts pertain- ing' in any manner to said fire department, or the s:ili'. tuniishiii;; of Mpp.nat us. or sui>i»lies for the same; and all contracts in violation of this section are declared void, and any of said persons violat- Injr the provisions of this section shall l>e deemed i:iiiHy of misdemeanor, and upon conviction, shall be punished acconiinuiy. The municipal council of su(?h city, or city and county, shall have power to contract and provide for all cisterns, hydrants, apparatus, horses, supjilies, enirine. hose and hook- and-ladder houses, and all alterations and repairs recpiired: and said board of fire commissioners (i1»4 Miiiiic-iiuil Corpora t ions. shall supervise all contracts awarded and work done for tlie said fire departinent. and sliall see that all contracts awarded and worlc done are faithfully performed. The said board of fire com- missioners shall have power to prescribe the pln.c: the same. Officers of fire department. Sec. If.'?. The ofilcers of the fire .• •ii.i.,.ii.t"d ns aforesaid: 2. One chief enplneer: 3. One assistant chl(»f en;;incer; 4. Four assistant eni:lneers: 5. One superintendent of steam flre-eni:lnes. .Mend)ers and employees of fire department. Sec. 144. The members and employees of .said fire department shall be: 1. One assistant superintendent of steam flre- enplnes; 2. One clerk and storekeeper for the corporation yard : 8. One corporation yard drayman; 4. One nlirht watchnum of eorporation y;irpointed by the fire <«»mmissioners, and retain their positions iluring gotnl behavior; and it shall be the duty of such fire <"ommlssioners, on their first «»rganl/.ation under thisact.to apiK)intas mem- bers thereof the ollicers and members of any fire departnu-nt which shall be In service in any such city, or city and county, at the time of its crgani- zation under this act. No otMcer, member, or em- ployee of said fire dejiartment shall be removed for iKjlitleal reasons. I'in» defjartnient to consist of what. Sec. 147. The fire department of spch city, or city or county, shall consist <»f such engine, hook- aiul-ladder, and hose companies as shall be recom- 696 Muuieipal Corporations. mended by the board of fire commissioners, and determined by the municipal council necessary to afford protection apainst lire: provided, that as an auxiliary thereto patent fire-extiuj;uishers may also be purchased and employed, if. in the judj:- ment of said board, deemed advisable: provided, that no hand-engine shall be i)urchasetl for the use of said department, but such as shall be in posses- sion of such city, or city and county, prior to its or- j^anization under this act, may be used in such lo- calities and under such rejrulations as the board of fire commissioners may prescribe. The companies of said depart UifUt shall hv ort'anize«l as follows: Karh st«'am fin'-»'n;:ine company shall consist of (1) one foreman, one (1) engineer, one (1) driver, nil.' (li fiicinan. an«l eiL'ht (8) hosemen: one (1) of whom shall act as assistant foreman, and one (1) as cleric. Each hook-and-ladder company sliall consist of one (1» foreman, one (.1) driver, one (1> tlllernmn, and twelve (12) hook-and-ladtler men; one (1) of whom shall act as assistant foreman, and one (1) as clerk. Each hose <*ompaiiy sliall consist of one (1) foreman, one (1) driver, and one (1) steward, and six (»b hosemen; one d) of whom shall act as assistant forenuin, and one il) as clerk. Duties of chief engineer. Sec. 14S. The iMniendatlon8 and supf^estions respectin.ir it, and for securing its greater efficiency, as he may det'in proper; and in the absence or inability of the chief engineer to act, the assistant chief eupineer Nliall ;issum«* tlie duties of said office of chief eu- piiH'cr. Clerk of board, his bond and duties. S«M'. 140. Th<' person elected as clerk by said board of fire commissioners shall, before euterinp upon the dlsy said board of fire commissioners, and the mayor of such city, or city and county, and when -o .ipi-roNtd >hall Im' llU'd hi tlie utlice of the auditor. T'n' .Mniount of said ImmhI may be iu- creastMl from time to time, when directed by the boanl of tire commissioners. should it dtH'in it nec- essary for the public pood; said clerk shall attend dally, durinir oflice hours, at the office of the boanl of tire commissioners (which shall be the office of the chief ♦•nclnecr. assistant chief en'_:inecr. and assistant enpinei'rs); shall perform the duties of clerk to sal(l board and ,f>0<>> d<»llars. to be ajtproved in the same manner as the bond provided for in this section, to be L'lven by the clerk of said board of .fire commissioners, and tiled with the auditor. Property of depart nu»nt, how sold. Sec. ir>0. The mayor of such city, or city and county, upon the recommendation of the board of lir«- <-ommls.sl(»nrrs. with thi' approval of the munic- Ip.'il council, is anthf)ri/cd to sell at private or pub- lic sale from time to time any or all of the engines, hose-carrlapes. enirlne-h«»uses. lots on which siicli houses stand, or parts of lots (or to exchange any of said lots, when in their judsrment dt/man0(» dollars annually for running expenses, horse-feed, repairs to apparatus, and for the con- struction and erection of cisterns and hydrants, and for the erection and repair of buildings, and other expenses of the lire tlepartment. To appro- priate a sum not to excecon the recommendation of the board of fire commissioners, Is hereby au- thorized and empowered to allow said illsabled man a sum not exce^nllng fifty ($5<)) dollars per month for not to exceed three ill) months, payable out of the general fund of such city, or city and c<»unty. In the same manner and form as other payments are made out of .said fund. "Fireman's charitable fund." Sec. ir»,'?. The munierlne, duallne. or any explosive oils or compounds, or jis a municipal tax upon the same: also all lines collected io the Municipal CoriJoratious. 009 l.oiifv towvt f(»r violritions of fire ordinances. Said fund shall be under the direction and control «.f and subje<:'t to such rojrulations as may be pre- scribed by the board of fire commissioners. Assistant foreman and clerlv. Src. ir>4. The cliiof «'nt'lnoer sliall have power to appoint one member of each company to act as as- sistant foreman: also, one member to act as cleric; said clerli to receive five ($5) dollars per month ex- tra pay. Organization of board and time of meeting. StM'. ir*.'. The fire commissioners shall orcranize said lutard linm«'illatlicly at tli»'ir f)fiif'o to transact the business of said lire ; cluirces auainst officers, menilM-rs. and employees of said department for violatiutr any of the rules and reu'ulations thereof; and shall hold such Intermediate sessions as they sliall deem ne<'essary to the projjcr administra- tion of the fire de|)artment. No p<'rson sliall be eli- LTible to any position in said li:ili hav«' power to issue subpoenas, and adminis- ter oaths, and compel the attendance of witnesses iM'fore him by attaehuient or otherwise. All sub- l»oenas Issued by him shall be in sucli form as he may i>resbe4lience to such subpoenas shall be deeiiuMl u'uilty of contempt, and be punished by him as lu cases of contempt in Justices' court in civil cases. 700 Municipal Corporations. Mombors. how dismissed. Sor. 157. No officer, member, or employee of the fire dejjartment shall be dismissed unless for CI use. nor until after a trial. The accustnl shall be tiirnislied with a written copy of the char^res apninst liim at least five (H) days previous to the day of trial, and he shall have an opportunity to exjiniine witnesses in his behalf, and all witnesses shall be examined under oath, and all trials shall be public. Worlvshop at corporation yard. Sec. l.'S. The municipal council of such city and county is hereby autliori/.tMl and empowered to es- tnblish and nuiiiit.Min at the coriKu-ation yard a wcirlcshop for niaklnu repairs and improvements upon the apparatus of the fire department, and such workshop and such repairs and improve- ments to ])e under the supervision of the board of fire commissioners; and the municipal council shall allow Mild order paid, out of tlie proper fund, all the expenses of such workshops. r«'i''iirs. and Im- I)IoVcmclHS. Restrict ions on members. Sec. l.^J). No mendH'r of said board of fire com- niissi«nieis sliall, cr of any p.nrty convention, the purpose of whicli is to nominate candidates for political of- lice. Uiir shall tlie otficers. nuunbers, or employees of sai,'eu«'ral election. No mend)er of tlje fire ilepailuu'Ut shall levy, col- lect, or pay any amount of money as an assess- ment or contribution for political purposes. Any violation of the fore^olnp provisions of this sec- tion shall be deemed a misdemeanor. Salaries of otficers of fire department. Sec. 100. The salaries of the otficers of the fire depart nuMit shall be paid in monthly installments, and as follows: 1. The salary of the fire commissioners sliall be one thousand two hundred dollars per annum; .Muiii ljy2 Municipal Corporations. mont shall be one thousand two hundred dollars per annum; 13. Tlio salary of the tillerman for each hook- and ladder-company shall be one thousand and eiirhty dollars per annum; 14. The salary of the steward for each hose company shall be nine hundred and sixty dollars per annum; 15. The salaiT of each hoseman and each hook- and-ladder man shall be four hundred and eij^hty dollars per annum: It;. The salary of the janitor and messenger shall be one thousand two hundred dollars per an- num; 17. The salary of the clerk of the board of fire commissioners shall be one thousand el;;ht hun- dred dollars per annum. I'lrr-alarin and police teleirraph. Sec. 1«»2. There shall be maintained and pro- Tided for by the muniripal conncil in such city, or city and county, a fire-alarm and police telepraph for municipal use. and the superlnten|K.infed and :inl of health. Sec. 107. Said board of health is hereby invest- ed with general jurisdiction over all matters ap- pert.Minini: to th<' sanitary condition of such city, or city and county, and over all quarantine regu- lations and the enforcement thereof, and hospitals and alms houses, ami all municipal institutions created and maintained for charitable purposes 704 Mimicii-al Cori^orations. and not herein enumerated, within the corpora!*- limits of such city, or city and county, and adopt such orders ;ind re;:uhitions as may be necessary to the comi)h'te exercise of the i>owers hereinbt*'- fore enumerated, and may appoint or diseharK"' such attendants and employees as may seem best to promote the public welfare. Salary. Sec. 108. The members of said board of health shall receive no salary. Salaries of officers appointed by board of health. Sec. 169. Said board of health shall have powrr to jipiM>int th«' r(»ll( ►Willi: oiticers and employee.*;, who shall re»('iv<« th«' salaries hereinafter provid- ed. i>ayahle in monthly Installments at the end of each month, viz.: 1. One health-olhcer, who shall l)e the execu- tive otIi<*er of said board, at a salary of two thous and foiu- hundrejl dollars [)»'r annum: 2. One (luarantinc officer, at a salary of oiio thousand eiirht hundred dollars per annum: 'A. (»no secretary, at a salary of two thousand four liMiKlrod doll.'irs per annum: 4. Six health inspectors an. ( Mu' superlnteuilent of the city, or city and county, hospital, who shall be a physician and {graduate of some nu^licM colleKe In jrood stantl- Inir. at a salary of two thousand four hundre. One hospital apothecary, at a salary of one thousand two hundred dollars per annum; 10. One hosiiital engineer, at a salary of nine huntlred dollars pi'r aiuium: 11. Two physicians and two surgeons, to be selected from the faculty of the mear(l under the provisions of this chapter, sliall be payable out of the ^reneral fund of the treasury of such city, or city and county; and the auditor of such city, or city and county, is hereby directed to nudit all such demands. ;in«l the treasurer of sucli city, or city and county, is hereby directed to pay tlie ^.-iinc out of said peneral fund. The said bo.ird of heabli sliall. annually, upon the third Mondny of April of each year, transmit, in wrltlnvr. to the mu- nicipal council of such city, or city and county, an estimate of the amount of money necessary to ;lc- fr;iy Mil of the c\i>cnditm-es of salli:ill. upon the lirst Mon- day of each month, pay the same into the treas- ury ni su tine, and must bo by the master, owner, pilot, or consignee reported to the quarantine otficer wirn- out (h'lay. N(» such vessel must pass within the bounds prohibited them by the board of healtli. until the quarantine otliccr has boarded her and Kivcn the (jnler nMiuircHl by law. Duty of qunrantini' oflicer. Sec. 178. The (luarantine oflicer must board ev- ery vrsscl subj*^! lu quarantine or visitation by him. immefliatcly on her arrival, make such exam- inatifui and insp«»ction of vessels, books, papers, or carpTO, or of jx-rsons on board, under oath, as he m.-iy jud>;e «'Xi»edlcnt, and determine whether the Vessel shoidd be ord«Ted to quarantine, and if so, th(? period of quarantine. Masters of certain vessels not to permit landing until he receives permit. 8e<\ \~\K No captain, or other officer, in com- mand of any passen;:er-<-arryinjr vessel of n)orc than one hundred and llfty tons burden, nor of any vessel «»r nioi«' tlinn one hundred and tifty tons burden having; passengers on Imartl. nor an.v con- siu'iiee. owner. a;:ent. or other persons having; char^'e of such vessel or vessels, must, under a l>en.ilty of not less than one hundred dollars nor more than one thousand dollars, land, or permit to be landed, any p.'isseiiL'er from tlu' vessel until he has presented his bill of health to the quarantine otilcer and receiv^sl a permit from that officer to land such passenpera, except in such cases as tlie quarantine otficer assen;:ers. or both: From any sallimr vessel of less tlian five hundred tons l)ur- den, from any port out of this state, two dollars jind fifty cents: five hundreurrovided, said quarantine grounds and liospltals shall not be establislied witliin one mile of the mainland on the north side of the bay of San Francisco. Duty of board of health. Sec. is:i. The board of healtli must muse to be kept a record of all births, deaths, and interments occurring in such city, or city and county, coming unr nlclie. eonstituted of brlcl<. stone, or iron, and hermetically sealed. It shall also be the duty of said boards to require all persons havlnjr in char;re the di^'fjlnjr of praves. and the burial of the dead, to see that the body of no liumau beinix wjio has reached ten years of a^re sliall be interred In a frrave less than sl.\ feet deep, or if uncicr the a;re of ten years, the prave to be not less ilian five feet deep. The board of health shall have en- tire charge of all cemeteries belonjrinp to such city, or city and county, and may emi)loy a supi"*- Intendent tliereof. at a salary not to exceed sev- enty-flve dollars i>er month, the same to be paid out of tlie peneral fund as the salaries <»f t|,o , .tit- er employees are paif^ited within the!;- respective cemeteries during the preceding week, and no superintendent of a cemetery, or any other l>eison, can remove, or cause to be removed, or cause to be disinterred, any human body or re- mains that have been deposited In a cemetery without a permit therefor from the health-officer, or by order of the coroner. Human body not to be disinterred without per- mit. Sec. 1S7. It shall be unlawful to disinter or ex- liume from a jrrave. vault, or other burial plaee within the limits of such city, or city and county. 712 Municipal Corporations. tlie body or remains of any deceaserl person, un- less a permit for so doin^ sliall have fii-st l>een o])tained from the health-officer of such city, or <'ity and county. Nor shall any body or remains disinterred, exliumed, or taken fnnn any jrrave. vault, or other place of burial or deposit, be trans- ported in or tlirou^h the streets (»r liisjlnvnys of any sucli city, or city and county, unless the per- son or persons removinir or trans|)ortin,ir sucli body or remains sliall lirst ol)tain from tlie liealtli-<^tri- cer a permit, in writing', therefor, as aforrsnid. l*.nt wIh'u i\u applicant f«»r a permit to disinter a body sliall desire to remove said body beyond tlie limits of such erson. master. cajMain, or <'on- ductor in charge ^>f any boat, vessel, or railroad car. or public or i»rivatc conveyance, shall receive for transportatiiui. or shall transiK)rt. the body of any person who has clU'd witliin the limits of sucli city, or erson who die«l of contapious disease be brought to such city, or city and comi- ty, within <»ne y«'ar after the day of death. Nulsan<-es, how abated. Sec. P.>,*i. Whenever a nuisance shall exist on the property of any non-resident, or anv property the o\vn«'r or owners of which cannot be found l>y either health inspector, after diligent search, or on 714 Municipal Corporations. the property of any owner or owners upon whom due notice may have been served, and wlio shall for three days refuse or ne.irlect to abate the same, or any property belonjriu^' to such city, or city and county, it shall be the duty of the board of health to cause the said nuisance to be at once removed or abated, and to draw upon the treneral fund in such sums as may be reipiired for such removal or abatement, not to exceed two hun- dnni dollars; i)r(>vided. lliat whenever a lar.iu'er ex- penditure is t<)un«l nect'ssary to l)e ma(. Kvery hrthwlth n-port. In writJuR, to the health-officer the name of every person boarding, or an Inmate of his or her house, whom he or she sluill have reason to believe sick of chol- era, or smalliKJX, and any deaths occurring at his or her lioust* from such disease. Park commissioners, how appointed and their • lutleR. Se»-. i:olnted by the pt>vernor of tlds slate, who shall hold their office for fttur years, and wlio shall re<'elve no comi>en- sation for tln'lr services. In case of a vacancy, the same shall be tilled by the renuilnin;; members of the board for the residue of the term then va- cant: and all vacancies o<'caslonearks of such city, or city and county, >\ hich at the time of the organization of such city, 710 Mimi(il».'il Corporations. or city and county, under this act, were treated and improved as public paries, with the avenut-s and great highways connected therewith. Two of said ( i)iiii)ii>sii»tit'rs ijiiall ctnistiiutt' a <(U(tnim to do business, but no money shall be expeudrd or contract entered into authorizing the expendi- ture «»f nuincy without tlu' approval of the mayor and a majority of said board of park commis- sioners. Powers. Sec. 201. Said board shall have power to gov- ern, manage, and direct said parks and avenues k'.iding tluMt'to as have heretofore been operaied or managed in connection therewith; to lay out. regulate, and improve such parks and avenues; to pass ordinances for the regulation and govern- ment of the same: to appoint one general suiierin- tendent. who sliall i»erfonn tlie dulii's of over- seer and managing gardener, wlut shall receive a salary of two thousand four hundred dollars per annum. The city, or city and county, surveyor sh:ill l»e ex olhcio engin«'er of the works, and shall perform such engineering work as the (•ommis- sionarks shall l)e deenjed guilty of misdemeanor, and punished accordingly. Taxes for park improvement, how levied. Sec. 202. The municipal council shall have the power to levy and collect, in the mode prescribed by law for the levy and collection of taxes, t»acli year, upon all property in such city, or city and county, the sum of one and one-half cents upon each one hundred dollars valuation of taxable Municipal Corporations. 717 proporty therein, for the purpose of preservinc: and improvini: the i>arks and avenues under control anort the fact to the mayor. A failure to d<» so sb.all ho a sutllcient cause for the removal of .'my ofMe presileasure of the appolntini: ix>wer. The clerk shall take the constitutional oath of ofllee. and irlve bond, with at least two sufticlent sureties, to be approved in the .'same manner as the (»tllclal bond of otlier oflicers of such city, or city .and county, in tlie sum of not less than fifteen tljousand ayable to the city, or city and count.v. con- ditioned for the faithful dlscharire of the duties of his othce, an«l well and truly to account for and pay intt) the treasury ef such chy. or c'ty :iih1 countj'. as required by law. all moneys by him collected or receiveii, and by law desij;nat(Ml for that use. A new or additional bond may be re- quired by the municipal council whenever It deems it necessary; and on failure to furnish such Municipal Corporations. 719 nrw or additioual boud within five days alt«*r it sliali be required, the office sliall bociMiie vacant. Tlie justice's clerlv sliall have autliority to administer oaths, and talie and certify affidavits in any action, suit or pro- ceediiij: in all courts of such city, or city ami county. and to appoint two 'leputy cb-rUs. for whose acts he shall be responsible on his ollicial bond; the said deputy clerics to hold olliee during: the pleasure of said clerk. Said deputy clerks shall have the same power as the said clerk, except that of appointment. Othces for justices, and otlice hours. See. 'Jir». 'i'lie municipal council of such city, or city and county, shall provide, In some convenient locality in the city, or city and county, a suitable otlice, or suite of otlices. for said i)resi(lin.u' justice, justices' clerk, deputy clerk, ami deputy sheriff, anns Issued from said court may be serveil and returmnl as provided in section eJL'ht hundred and forly-nim* of the Code of Civil rr(»cedure; and that s\ibpoenas may be Is- sued l)y the Justices' clerl<. .'ind servetl as provided in siM'tions nineteen hundred and elchty-seven and ninete«'n hundred and eiuhty-ei^'ht of the Code of (Mvil Procedure. The said sherilT may npp(»int. In atl»er demands are by law required to b»' au»llted and allowed. One of saitl dei»uties sIi.mII remain in attendance during' the sessions of said <'ourt, .and at such oth- er times as the said court or the presidlnir Justice thereof may order and direct, for the puriM)se of ntteudlnjj: to such duties as may be imposed ou aid sheriff or said deputies, as herein provided Municipal Coriwrations. 721 or required by law. Tlie said sheriff shall be lia- ble on his offlelal bond for the faitliful perforra- jinre of nil duties rether justices of the jtcwe. to be deslL'iiatnl by the presiding justice at his of- llee; l»ut all comjilalnts. answers, and otlier plead- ings ami papers re(iulred to be tiled, shall be tiled and a record of all such actions, suits. juhI pro- ceiMllmrs maorati«>ii!<. material witness for either party, or on the prronnd of the interest, prejudice, or bias of such justice, and such objection be made to appear in the man- ner prescribed by section ei;ilit Inindred and tliir- ty-three of the (^'ode of Civil Procesii:nated by him. The pre- sidini: justice may. in lil^e mann«M'. assljrn or transfer any contested motion, application, or is- sue in law! arising in any cause, returnable or pendinir before him or any other justice, to some other justice, and the said justice to whom any cause, matter, motion. aiM'bcation. or issue shall be so as aforesaid assigned or transferred, shall h.'ive ]>ower. jurisdicti«>n. and authority to hear. try, and determine the same accordingly. Certain cases to be certitled to superior court by presiding justice, and justices' clerk. S(M-. 2*Jo. Cases which, by the provisions of law, are required to be certifhMl to the superior court, by reason of Involving the question of title or pos- session of r«\'il property, or the leirality of any tax. impost, assessment, toll, or municipal line, shall be so certified by the presiding justice and Jus- tices' clerk: and for that purpose. If such (picstlon sh.'ill arise on the trial while the case Is pending before one of the other justices, such justice sli.ill ctM-tify the same to the pn'sldlng justice. All ab- stracts and transcripts of judgments and proceed- inirs In said court, or in any of the dockets or res- ist ers of or deixislted In said court, shall be given and CiM'tlfled from any of such dockets or regis- ters and siirned by the presiding justice and clerk, and shall liavc tlie same force and effect as ab- stracts and transcripts of justices of the pcMce in "titer cases. Appeals from judgments rendered in said court shall be taken and perfected In the man- ner prescribed by law. and the notice of appeal .•niond or un, and each of the iiistiees. wlien so reipiirril. sliall. for the purpose. Iiave lh«' same* power and aiitliority as tlie presld- iiiiT justice or clerk in whose aid he shall act; and my one of the justices, when required as afor< -aid. may act as a justices' clerk pro tempore dur inu' the temporary absence or disability of sucli «lerk, with the same powers, duties, and responsi hilities. •Justices' docket." Sec, 22:i. In a suitable IkioU. strongly bounr trial or hearin;:. and upon judgment, or other disposition of a cause, such justice shall im- meefore justices of the peace, so far as such provisions are not altered or modified in this clinpter. and the same are or ran be made applicable in the several cases arislnir before tliem. Tlie justices' court of such city, or city and county, shall have power to mako rules, not inconsistent with the constitution and laws. for the government of suoh justices' court and th»* officers thereof: but such rules shall not be in force until thirty days nfter their publication: antl no rule shall bo m:i(ie imiiosintr any tax or charu'e on any local procecdiUL'. or irivin? any allowance to any justice or officer for services. Now justices* court a continuation of old. Sec. 22r>. All actions and proroedinirs pendlnjr and undeterniine{l before the justlc»'s' court of such city, or city and county, if any. at the titiM* of its orsrani/atiapers in such cause or proceeding. Appointment of additional jtistices. Sec. 22S. If, at the time of the or;;anization of any hucIi city, or city and county, under this act, there shall n<»t ]>e the complement of justices (»f ilie peace provided for in this chapter, the mu- iii«-ipal •■ouncil of such res thertH>f. There sli.'ill be tw<» departments of said (-otirt. roceedin.i: for the vidlatiou of any ordinance of such city, or city and rounty; 2. or proceeding's respecting vairrants and dis- orderly persons. Same. Sec. 232. The police court shall have Jurisdic- tion of tlie following public offenses committed in such <-lty. or city and county: 1. Petit larceny; rccelviuff stolen property, when the amount involved does not exceed fifty dollars; 2. Assault and battery, not charged to have Itcen commltte«l upon a public otllcer in the dls- cliar^e of his ris<)u- ment; 4. Said court or judpes shall have Jurisdiction of pnx'eedluL's for se<'urlty to keep the peace; and also. throUL'liout such city annro <»f tlwi Municipal Corporations. 727 inebriate, when any such institute may be estab- lished. Jiny person wlio may bo convicted before them of liabitual Intcmporanco. for a term not ex- cocdinir six niontlis, or until sooner released by order of the police judges, or by the board of mana;;ors of such institution by a two-thirds vote of all the members of said board. Wlicn may commit to industrial school. Sec. 23r). The said court or judiros shall have the power to commit all olTcndcrs duly convicted. Jiudcr ciKhtecn years of ajre. to the industrial seliool of snid city ane eoiitiiH'd in the correctional department of said Industrial school for any term not cxco^hI- inp six montlis. I'pon application of the mayor, or any member of the supervisors, or of any three citizens, char^rln^r tliat any child under eiirhteen years of age lives an idle or dissolute life, and that his parents are dead. or. if living:, do. from diunlx one thousand dollars, and he shall fix. Justify, and nccejit ball after arrest, in the jibsence of the police Judi:e», in all cjises not amount ini: to a felon.v. In the same manner and with the like effert as If Th(» same had been fixed by the police Judu'es or police court. The county clerk shall appoint three deputy clerks, who shall act as y the mMy«tr for tlie pm-pf sucli person, and to immedi- ately reduce the same to writing. It Is also here- by mad«' the duty of attendlni: physicians, and otliers knowing; «»f such cases, to report the same immediately to such assistant district attorneys. 78i) Municipal Corporations. Attorney before police court. Sec. 243. No person shall be permitted to act as attorney or counsel before the police court or the police judges, unless he shall be an attorney and counselor admitted to practice in the supreme court of this state. Bailiffs for court. Sec. 244. The chief of police sliall dosijiuate two or more policemen, who shall attend constantly ui>ou the police court, act as bailiffs therein, and execute the orders and process of said court and the judges thereof. Abolition of courts and transfer of records. Sec. 24.'». Tlie police judge's court and the police judge's court iiuiiiber two of said city and coun- ty, and the ofticcs of the judges thereof, shall be abolished at twelve o'clock noon, of the first Mon- day after th<' first day i»f January, in the year eighteen hiuidrcd and eighty-live, and at that time all records, registers, dockets, books, papers, ac- tions, warrants, judgments, and proceeiliugs lodg- ed, deposited, or pending before the said last-u>e-i- tioned <(»urts, or the judges thereof, shall be by force hereof transferred to said police court, which police court and the police judges hi-rein provided lor shall have the same power and jurisdiction over them as if they had been in the lirst instance lodged, deposited, or ciiUinienceil in said police coiu't, or before the judges last aforesaid: but nothing herein contalnelnted by the judires of the superior court of such city and county five competent per.sons deputies to act as Interpreters and translators of the following languages: Frencli, Clerman, Italian, Spanish. Portuguese, Chinese, and Sclavonian. The said dei)uties shall each receive a salary of one thousan«l two hun- dred dollars per annum, which shall be paid in the same manner as the salaries of other officers are paid. It shall be the duty of each of said deputies to attend In all the courts in and for Municipal Corporations. 731 such city and county, when required by any of The judges thereof, without furtlier compensation tlian the salaries above provided. Article VI.— Educatioual Department. Hoards of education. Sec. 247. There shall be a board of e«lucatlon for such city, or city and county, wliich shall be composed of twelve school directors, elected as provided In tills chapter, who shall liold oillce for two years, and until their successors are elected and qualllled. They shall have the same qualifi- cations as to eligibility requisite for meml>ers of tlio board of alart of teachers and <^ther em- ployees of the board: to administer oaths and take testimony: to summon and enforce the attendance of anlank-books, books, printing, and stntl<»nery. and such other artlch's. materials, or supplU^s as may be necessary and approi>rlate for use In the schools, or in the oftice of the superintendent. Provide school-houses. 7. To build, alter, repair, rent, and provide school-houses, and furnish them with proper school furniture, apparatus, and appliances, and to insure any and all school property, and to use Municipal Corporations. 733 and control such buildings as may be necessary for the uses of the board and its committees. To purchase srliool lots. 8. To receivi', purchase, lease, and hold in fee ill trust for su
  • eneflt of the public-school fund, for a term not exceeding Ave years, any uu- occupieoses; to prohibit any child under six years of a^'e from attendin;: the schools; and ^'enerally to do and perform such other acts as may be necessary and proper to carr.v into force a lid efftct the powers conferred on said board. Gen. Laws— G2 7;i4 Municipal Cori)orations. Who may administer oaths. Sec. 200. The president of the board of educa- tion, the superintendent, and the secretary sliall have power to administer oaths or attirinations concerning any demands upon the treasury pay- able out of the public-school fund, or otlier mat- ters relating to their othcial duties or the school department. Iteports. Sec. 2.")1. It shall be the duty of each director to make (luarterly reports to the board of the condi- tion of tlie schools in their respective districts. Supplies, how furnished. Sec. 252. It shall be the duty of the board of education to furnisli all necessary supplies for the public schools. All supplies, books. station(?ry. fuel. i>rinting, goods, material, building, repairs, nicrcliandisc, and every cither arti<'le and tiling supplied to or done for the public scliools. or any of tlicm, when the expenditure to be incurred is likely to exceed two hundred dollars, shall be done l)y <-ontract, let to the lowest resi>onsible bidder, after advertisement by the superintendent of schools; :ind the contract shall be entenMl into by the superintendi'nt with the party to wlwun the contract Is awarded: and the superintendent shall take en re that such contract is carried out in strict accordance with the terms thereof. Hids and contracts, how maonrd. and cause a republication of the notice for pro- posals as above specltled. Any person may bid for any one article. Not to be interested in contract. Sec. 2.">4. Any scliool director, oflicer, or other person ofhcially connected with the school depart- ment, or .ii iwing a salary from the board of edu- Muuieipal Coiix)iations. 735 cation, who shall, while in office, or so connected, or drawing salary, be interested, either directly or indirectly, in, or who shall j?aiu any benefit or ad- \;iiii:it_'«* rn»ni. any contract, payments under wliicli are to ]>e made in whole or part of the moneys derived from the school fund, or raised by taxation or otherw ise for the public schools. sliall be (UM'im'd KUilty of felony, and on conviction, punished ac- • ordin^'ly; and this provision shall not be con- strued to relieve such persons from any other pen- alty, but shall be deemi'd cumulative to and with otlicr penalties and disabilities as to such acts and offenses. Annual report. Sec. 255. The board shall malie and transmit, between the fifteenth day of January and the first day of February of each year, to the state superintendent of j)ublic instruction, and to the mayor and municipal coiuuil of such city, or city and ruunty. a report, in writinir. statin;; the whole numb««r oi' public schools wltliin the jurisdiction, \hv h'nuMh of time they have boon kept open, the number of pupils tautrht in eacjj school, the wliole amount of money drawn from the treasury by tlie department during' tlie year. n»>:ress of the p»ii)llc scli(K)ls (*f sucIj ublic scliools in sucli city, or city and c(»unty. :ind tlie judicial fle<'isi<»ns thereon, and give advice on subjects connected with the public schools gra- niitously to oiticors. teachers, i>uplls, and their paients and iruardijins. Sliall visit scliools. Sec. 2'U). The sui)orlntondent of s<'hools shall visit and examine th«» schools, and see that th«\v are efhciently conducted, and that tho laws .nid regulations of the board are enforced in all things, and that no religious or sectarian booivs or teach- ings are allowed In the schools, and to rei>ort Municiiml Corporations. 737 montlily to the board. He shall also report to the stjito suixM-intoudent at such times as such officer shall n'(iulre. Vacaucy, how filled. Sim.'. Lm;1. Any vacancy in the office of school director shall be filled for the remainder of the term by a person to be api)ointec filled by the people. SchcK>l fund. Sec, 1.M*..'?. The school fund of such city, or city and county, shall consist of all moneys received from the state school fund: of all moneys arising from taxes which shall be levh'd annually by the nninlcipal council of su<-h city. <»r <-ity an«i county, for school purposes; of all moneys arisinjr from sale, rent, or exchanjre of any sch(M)l property, and of such other moneys as may. from any source what«'vcr. be paid Into said se used for school pur- poses under the provisions of this chapter. No fees or commissions shall b«» allowed or paid for assessing:. *'ollcctInir. ket'pln^:. or disbursing: any school moneys: and if at the end of any fiscjil year any surplus reiujiins in the sch«M»l fjind. sti«h sm*- pbis money shall be carried forward to the school fimd of the m'Xt fiscal ye.ar: and shall not be. for any purpose what«>ver, . For supplying the schools with fuel, water, apparatus, blanks, blank-books, and necessary school .Mppliances, together with books for indi- gent children; 10. For supplying books, printing, and station- ery, for the use of the supcrlntenting coupons for Interest on school bonds), sli:ill be tiled with the secretary of the l»«>:inl, and uflov tliey shall have been approved by a majority of all the members ele<'t of the bo.ird. upon a call of "yens" and "nays" (which shall be recorded), they shall be signed by the I)resldeiit of the boanl and the superlntendi'Ut of the public schools, and be sent to the city .and county auayable monthly. l»rman make estimate. Sec. 270. It shall !)e the duty of the board of education of siich city, or city and county, on or bi't'ore the second Monday of September of each y<':ir. to report to tlu» municipal council an estimate • •f tlie amount of mom-y wliiocifyInu' the amount re- quired for supplies furnislRMl pupils, for purchas- Iii;.' and procininp sites, for leaslnp rooms or erect- inu' building's, and for furnishing:, llttluK up, alter- imr. enlar^'in^r. and repalriufr buildings; for til.- support of schools orjxanized since the la-t annual apportionment for salarv of teachers, J.iiiitors, clerks. and other employees, and 740 Municipal Corporations. other expenditures authorized by law; but the aggregate amount so reported shall not exceed the sum of thirty-five dollars for each pupil who shall have actually attended and been taught in the preceding year in the schools entitled to participate in the apportionments. The number of pupils who shall be considered as having at- tended the schools during any one year shall be as- certained by adding together the number of days' attendance of all the pupils in the common schools during the year, and dividing the same by the number of school-days in the year. Said munici- pal council is authorized and empowered to levy and cause to be collected, at the time and in the manner of levying state and other city, or city and county, taxes, the amount of tax, not to exceed thirty-five dollars per pupil, determined and re- ported by the board of education. The amount so levied and collected shall not include the amount received annually from poll-taxes. No sectarian school shall receive school money. Sec. 271. No school shall receive any portion of the school moneys in which the religious doctrines or tenets of any particular Christian or other re- ligious sect are taught, inculcated, or practiced, or in which any boolv or books containing composi- tions favorable or prejudicial to the particular doc- trines or tenets of any particular Christian or other religious sect is used; nor shall any such books or teachings be permitted in the common schools. No member of board shall disburse school money, or accept gift. Sec. 272. No member of the board of education shall ever become the disbursing agent of such board, or handle or pay out any of its money un- der or upon any pretense whatever. Any viola- tion of this provision shall be a misdemeanor, and shall subject the offender, besides the punishment, to removal from office. Any member or officer of the board of education who shall, while in office, accept any donation or gratuity in money, or of any valuable thing, either directly or indirectly, from any teacher, or candidate, or applicant for a position as teacher, upon any pretense whatever, shall be deemed guilty of a misdemeanor in office, Municipal Corporations. 741 and shall be ousted by the board, or by any court of competent .1urisdictio^, from his seat, on proof thereof. Any member or officer of the board of education who shall accept any money, or valuable thing, or the promise thereof, with an agreement or understanding, express or implied, that any person shall, in consideration thereof, get the vote or inliuence of such member or officer for a situ- ation as a teacher or employee of any Ivind in the school department, shall be deemed guilty of a felony, and on conviction, shall be punished ac- cordingly. Article VII. — Miscellaneous Provisions. Laws which do not conflict with this act are con- tinued in force. Sec. 286. All the existing provisions of law de- fining the duties of county officers, excepting those relating to supervisors and boards of supervisors, so far as the same are not inconsistent with, re- pealed, or altered by the provisions of this chap- ter, shall be considered as applicable to officers of any consolidated cities and counties, acting or elected under tliis cliapter. Provisions shall be made from the revenues of any city, or city and county, heretofore existing and reorganized under this act, for the payment of the legal indebtedness of the municipal incorporation to which such reor- ganized city, or city and county, shall succeed, or of which it is a reorganization, as well as for that of such city, or city and county, after its organiza- tion, and all funding acts and other laws providing for the payments of principal and interest on any funded debt of such former corporation shall re- main in force. The taxes which may be levied and collected in such city, or city and county, shall be uniform throughout the same. Where provisions of this chapter shall apply. Sec. 287. The provisions of this chapter concern- ing the following-named officers, to wit, sheriff, county cleric, recorder, coroner, and public admin- istrator, shall apply only to consolidated cities and counties. The provisions of this chapter relating to the district attorney shall, except in consolidated 742 Muuieipal Corporations. cities and counties, be deemed to apply to the city attorney; and no sheriff, county clerk, reconier, district attorney, coroner, or public administrator shall be elected in any municipal corporation un- der the provisions of this chapter, except in consol- idated cities and counties. Duty of municipal council in the levy of taxes. Sec. 288. The municipal council of any such con- solidated city and county shall perform such du- ties in and about the levy and equalization of state and county taxes, and all other matters and things as are or may be prescribed by law for boards of supervisors of counties in like cases, and not incon- sistent with the provisions of this chapter. CHAPTER III. MUNICIPAL CORPORATIONS OP THE SEC- OND CLASS. (A charter for cities having a population of more than 30,000 and not exceeding 100,000.) Arti( le I.— General Powers. Powers of municipal corporations of the second class. Sec. 300. Every municipal corporation of the sec- ond class shall be enlitleil tlie city of (naming it), and by such name shall have perpetual succes- sion, may sue, be sued, in all courts and places, and in all proceedings whatever, shall have and use a common seal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common benefit; provided, that it shall purchase without the city no property except such as shall be deem- ed necessary for establishing hospitals, prisons, cemeteries, and industrial schools. Municipal Corporations. 743 Article II.— General Provisions Relating to OflBcers. Election, when held. Sec. 301. The municipal election shall be held on the second Monday of March of each even-num- bered year, and such election shall be subject to all the provisions of the law regulating elections for state officers, except as otherwise provided in this chapter. At such election there shall be elect- ed, for the government of the city the following officers: Seven councilmen, who shall constitute a board to be known as the city council; a mayor, a treasurer, who shall be ex officio clerli of the city council; a city attorney; a school superintendent, aii'l a sti'oet superintendent, who shall respectively hold office for the term of two years; and until their successors are elected and qualified. One councilman shall be elected from each ward, by the vote of the city at large, and shall hold office for the" term of two years, and until his successor is elected and qualified. Bonds. Sec. 302. The clerk and treasurer, superintend- ent of public schools, street superintendent, and all other officers when required by the city council by ordinance, shall each, before enter- ing upon his official duties, and within ten days after receipt of his certificate of election or ap- pointment, execute a bond, in such sum as the council may direct, payable to the city; which bond shall be subject to the law concerning the official bonds of officers, and to approval by the mayor. And the council may at any time require an ad- ditional amount, or new sureties, upon any bond which it may deem insufficient. If such additional security be not given, the council upon notification th-n-eoi by the mayor, may. by vote of two-thirds of the members, declare the office vacant. Fees, etc., to be paid into treasury. Sec. 303. All fees, percentages, and all other moneys received or collected by any '^officer of the city, shall be paid by such officer, at the end of 744 Municipal Corporations. each month, into the city treasury, for the use of the city; and no payment shall be made to any officer for salary until he shall have taken, and filed with the clerk, an affidavit that he has paid into the city treasury all fees, percentages, and all other moneys by him theretofore received or col- lected. No city officer shall be surety on bond of any cor- porate officer. See. 304. No member of the city council, or of the board of education, nor any officer of the city, shall be surety upon the official bond of any cor- porate officer, nor shall he be, directly or indirect- ly, interested with or be surety for any person who may be interested in any franchise, contract, ap- propriation, work, or business, or in the sale of anything the price of or consideration for which is paid or payable by the city, or by assess- ments levied under an ordinance of the council; nor shall any contract be awarded or franchise grant- ed to any person who may be surety on the official bond of any officer of the city. Vacancy, how filled. Sec. 305. If any officer of such city, or member of the city council, or board of education, shall re- move from the city, or absent himself therefrom for more than thirty days, or shall fail to qualify by taking the oath of office as prescribed by law, or to file his official bond, whenever such bond is re- quired, within ten days from the time his election is duly ascertained and declared, his office shall be hereby absolutely vacated, and the city council shall thereupon fill the vacancy upon nomination by the mayor. Oath of office. Sec. 30G. Every officer provided for in this chap- ter shall, before entering upon the duties of his office, take and file with the treasurer the constitu- tional oath of office; provided, that the oath of of- fice of the treasurer shall be filed with the mayor. Salaries. Sec. 307. The salaries of the officers of such city shall be as follows: Mayor, one thousand dollars per annum; clerk and treasurer, two thousand dol- lars per annum; assistant to the clerk and treas- Municipal Corporations. 745 urer, one thousand two hundred dollars per an- num; clerk of the police court, one thousand two hundred dollars per annum; clerk to the police court, nine hundred dollars per annum; city attor- ney, two thousand dollars per annum; street super- intendent one thousand eight hundred dollars per annum; captain of police, one thousand eight hun- dred dollars per annum; police detective, one thou- sand five hundred dollars per annum; school super- intendent, two thousand dollars per annum; assist- ant school superintendent, one thousand two hun- dred dollars per annum; policemen, nine hundred dollars per annum each. The mayor may appoint a clerk, ^vho shall receive a salary of nine hundred dollars per annum. The salaries of all officers shall be paid in monthly installments, at the end of each and every month of service. Article III. — Legislative Department. Time of meeting. Sec. 319. The city council shall meet on the first Monday after their election, and at such other times as they may by ordinance appoint. A ma- jority of the council shall constitute a quorum for the transaction of business. They shall determine the rules of their proceedings, and judge of the qualification and election of all officers; and shall provide, by ordinance, the method of calling special meetings of the council. Their sittings shall be public. A journal of their proceedings shall be kept by the clerk, under their direction; and the ayes and noes shall be taken and entered on the journal at the request of any member. They shall pre- scribe, by ordinance, the duties of all officers whose duties are not defined in this act. They shall have the power to raise, by tax, not exceeding one per cent for all purposes (except for the redemption of bonds) on the assessed value of the real and per- sonal property within the limits of such city, moneys for the establishment and support of free common schools, and to provide suitable grounds Gen. Laws— 63 740 Municipal Corporations. and l3uildings therefor, and defraying the ordinary expenses of the eity, as well as for paving, plank- ing, or otherwise improving the streets of the city. They shall also have power to pass all proper and necessary ordinances for the regulation and sale of city property, and to give deeds therefor. They shall have power to open, alter, establish, grade, or otherwise improve and regulate, streets, alleys, and lanes, and the sidewalljs upon the same; to construct and keep in repair bridges, so as not to interfere witli nnvigation, fences, public places, wharves, docks, ferries, piers, slips, sewers, and wells, and to make assessments therefor; to regu- late and collect tolls, wharfage, dockage, and cran- age, upon all water-craft, and all goods landed; to make regulations for securing the health, cleanli- ness, ornament, peace, and good order of the city; for preventing and extinguishing fires, and ap- pointing and regulating firemen, policemen, and such other ofl^cers as may be necessary to appoint; for the care and regulation of prisons and markets; for licensing, taxing, and regulating all such vehi- cles, business, and employments as the public good may require, and as may not be prohibited by law; to levy a tax license upon all dogs, or otherwise prevent the same from running at large in the streets and public grounds of tlie city; to regulate and suppress all occupations, houses, places, amusements, and exhibitions which are against good morals, or contrary to the public order and decency; for tlie regulation and location of slaugh- terhouses, markets, stables, and gas-works, and houses for the storage of gunpowder and other combustible materials, and limit the quantity of combustible or explosive materials to be stored in any one place; for prohibiting or suppressing the erection of slangliter-houses, or the slauglitering of animals witliin tlie limits of the city, or for pro- hibiting or sup])ressing the erection or carrying on of any soap or glue factory, tan-yard, powder-mag- azine, or other nuisance within the limits of the city; and to declare what shall constitute a nui- sance; and to make and enforce witliin its limits all such local, police, sanitary, and other regula- tions as are not in conflict with general laws; and provide suitable buildings for the management, Muiiicip.-il Corporalioiis. 747 f?{)od covornmont, and general welfare of the city. They shall also liavo i)()W(»r to pass such ordinance or ordinances as may bo necessary to i)revent ani- mals from rimiiiii^' al lar.ue witliin the limits of the city; to eslablisli a pound, and appoint a pound- keeper, and i)res(ril)e his duties, and to provide for the public sale, by the jtound-lveeper, of such animals as may be impounded, in tlie same way and upon like notice that personal property is sold by execution under the hiws of this state; provided, tliat the owner or owners of such prop- erty so impounded may ri^claim the same at any time before; sale, upon payment of costs and cliar.i;esof takinu- up anon i>i'(»or of owner- sldp of tlie pro])erty sold, duly made before the mayor, and uixm j)ayment of the costs and ex- penses of impoundin;,^ and selliujo:, and upon the payment of tho. sum of one dollar to the mayor, as a fee for the invest ij^ation of the question of own- ership, and for his certilicat(! to that effect, such owner or ownei's may receive the i»urcliase money arisiiij;- from such sale or sales. I'enallies for the violation of any and all ordinances shall be by line not exceeding one hundred dollars, and in case tlie fine b(» not paid, then the i)ei-son or i)er- sons may be imprisoned at tlu; rale of on(; day for every two dollars of the tine imi)ose(l, or in lieu of the imprisonment, <»r any i>art of it, the i)ei-son or jK'i-sons so fined shall labor, under the direction of the city authorities, either upon the streets, public ^^•ounds, or buildiuiis, or in such other i>laces as may be deemed advisable for tlu; benc^fit or reve- nue of said city. The city council, ui)on tlui nomi- nation of the nuiyor, sliall have i)ower to appoint suitable i)ersons to till vacancies in any elective oflice, except that of mayoi-, until the nfixt rej^ular municipal election, when, if the term be unex- pired, an election shall be held to till such vacancy for the unexpired term of said otlices. The mem- bei's of ihe city council shall receive no salary for their services. They shall have power to provide for all city elections, to desij;nate the place or phices of holding,' the same, jiivin;? at least ten days' notice thereof; to appoint inspectors and judges of election, examine the returns, and de- 748 Municipal Coi*poratious. Clare the result, and to determine contested elec- tions. The president pro tempore of the board shall discharge the duties of mayor whenever there shall be a vacancy in the office of mayor, or when the mayor shall be absent from the city for a period exceeding five days, or be unable, from siclvness, to attend to the duties of his office. In the absence of the cleric, the city council shall appoint one of their members to act as clerk pro tempore; they shall also have power to set aside any amount of money belonging to the city which may at any time be in the hands of the treasurer, after deducting the current expenses of the city, and the interest due upon the funded debts of the city, as a sinking-fund whereby the bonds issued by the city may be redeemed, or they may, at any time before said bonds shall become due, with any siu'plus money which may belong to the city, after paying said expenses and interest, redeem or purchase for the city, and in its name, in the manner most advantageous to the city, any out- standing bonds, which bonds or claims, when so purchased, shall be immediately canceled; pro- vided, this right shall not affect the rights of the holders of said bonds, or in any way prevent them from holding the same until said bonds be- come due and payable; they shall also have the power to determine the width of sidewalks, and the material and manner of their construction, as well as the grade of the same; they shall also have the power to establish fire districts, and within said districts to prevent the erection of wooden buildings, or any buildings composed of combustible materials, and also to prevent the further repairing of wooden buildings within the fire limits established. Further powers. Sec. 820. Said council shall also have power: Construction of sinks, etc. 1. To regulate the construction of sinks, gut- ters, wells, cess-pools and privy-vaults, and to compel the cleansing or emptying of the same, and the time and manner in which the work shall be done. Anchorage of vessels, etc. 2. To regulate the anchorage of vessels within Municipal Corporations. 749 the limits of the city, and to prevent obstructions to the free navigation of all navigable waters within the same. Pollution of water. 3. To prevent persons from throwing into any stream, creek, bay, or other body of water within the limits of the city, from vessels, wharves, or other places any dirt, ballast, ashes, garbage, dead animals, or other materials that may ob- struct the same or pollute the water thereof. Open streets. 4. To open streets to the channel of any navi- gable stream or creek within the limits of the city, and to deep water to any navigable bay or lake within the same, and to construct and main- tain public wharves at the ends of such streets. Regulate location of boilers, etc. 5. To regulate the location of steam-boilers, the putting up of signs and awnings, and the con- struction of entrances to basements or cellars from the sidewalks. License hacks, etc. 6. To establish hack-stands, and to regulate the rates of charges of hacks and other licensed ve- hicles, and to require a schedule of such charges, printed in conspicuous type and satisfactory to the council, to be posted in a conspicuous place in each hack or other licensed vehicle; provided, however, that the standing of hacks shall not be permitted on any street upon which railroads operated by steam shall be used. To compel attendance of absent members. 7. To compel the attendance of absent members of said council at any of the meetings thereof, and to cause the arrest of any person for disorderly conduct at their meetings. Regulate speed of railway engines. 8. To regulate the speed of railway engines in the city, and to require railroad companies to sta- tion flagmen at street crossings; to grant fran- chises permitting steam railroads upon any of the streets of the city; provided, that the same shall only be granted after two weeks' notice, pre- viously published in some newspaper published in the city, and by ordinance passed by the vote of 750 Municipal Corporations. two-thirds of the members elected to said council, approved by the mayor, and upon the previous petition, in Trritins;, of the owners of two-thirds of the front feet of the lands upon the portion of the street to be so used. Regulate entrance to and from theaters, etc. 9. To regulate the means of entrance to and exit from theaters, lecture-rooms, public halls, and churches, and to prohibit the placing of chairs, stools, benches, or other obstructions in the aisles of such building. Railway companies to keep certain streets in re- pair. TO. To require railroad companies to keep the street in repair between the tracks and along and within the distance of two feet upon each side of the track occupied by the company. License certain property and business. Sec. 321. They shall also have the exclusive right, in the manner prescribed by ordinance, of issuing and granting licenses, and of collecting tax licenses for the benefit of the city, upon the l()i lowing business and property, to wit: upon each and every person within tlie limits of the city who shall vend any goods, wares or merchan- dise, wines, distilled or fermented liquors, drugs, n'edicines, jewelry, or wares of precious metals; upon persons who keep horses or carriages for )-(M't or hire: upon ])ersons keeping billiard tables for hire, bowling-alleys, and shooting-galleries; also upon all taverns, inn-keepers, and upon all persons who may sell or dispose of any malt, spirituous or fermented liquors or wines in less quantities than one quart; and the said licenses shall be issued quarterly or yearly; also upon any person within the limits of the city, who shall keep a stallion, jack, bull, or ram, and who shall permit the same to be used for the purpose of propagation for hire or prolit, which license shall be a yearly license; all of which licenses, when granted by such city and duly obtained by the person or per- sons desiring the same, shall entitle them to carry on such business, trade, or profession in such city. Municipal Corporations. 751 Sales and leases of city property. vSec. 322. All sales or leases of property belong- ing to the city shall he by public auction to the hisrhest bidder, and upon such terms and condi- tions as the council may by ordinance direct; and all contracts for supplies, of any kind, for more than five hundred dollars, shall be let to the low- est responsible bidder, after ten days' notice given by posting the same in three of the most public places in the city, or by publishing the same in any newspaper printed and published in such city. Licenses. Sec. 323. Licenses shall be discriminating and proportionate to the amount of business; and it shall be the duty of the council, by ordinance, to classify all kinds of business licensed in accord- 51 nee herewith. Ordinances. Sec. 324. The enacting clause of all ordinances shall be as follows: "The Mayor and council of the city of do ordain as follows." Every or- dinance passed by the city council shall be pre- sented to the mayor for his approval; if he ap- prove it, he shall sign it: if not, he shall return it at the first meeting of the council held after five days thereafter, or at its next meeting; when the city council shall reconsider such ordinance, and if the same be approved by a vote of two-thirds of all the members elected, and not otherwise, the same shall take effect and stand as an ordinance of such city. All ordinances shall be published for one week in a newspaper printed and pub- lished in sucli city, as often during such period as such newspaper shall be published. Fixing rate of taxation. Sec. 325. The council shall, upon the first Mon- day of October in each year, fix the rate of taxa- tion to be levied upon all property, both real and personal, in said municipality necessary to raise sufficient revenue to carry on the various depart- ments of the city government for the then ensuing year, not to exceed one dollar for each one hun- dred dollars upon the assessment roll, and to pay the bonded and other indebtedness of said city. The said council must, upon fixing said amount, 752 Municipal Corporations. transmit a statement thereof to the county audi- tor. The action of the city council in fixing the rate of taxation for city purposes is a valid levy of the rate so fixed upon all property, both real and perhoiial. in the said city, and borne upon the assessment roll of said county, and has the effect provided in sections three thousand seven hundred and sixteen, three thousand seven hundred and seventeen, and three thousand seven hundred and eighteen of the Political Code, in regard to state and county taxes. The county auditor shall thereupon compute and enter, in a separate money column in the assessment-book, the respective sums, in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, for the purposes of such city government, and foot up the column, showing the total amount of such taxes. The taxes so levied and computed shall be collected at the same time and in the same manner as state and county taxes; and when collected, shall be paid into the cotinty treasury for the use of said city; provided, that any property sold for such taxes shall be subject to redemption within the time and in the manner provided, or that may hereafter be provided, by law, for the redemption of property sold for state or county taxes. All deeds made upon any sale of property for taxes or special assessments, un- der the provisions of this chapter, shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for prop- erty sold for non-payment of state or county taxes. The county treasurer must, at any time upon tlie demand of the city treasurer and mayor, settle with the city treasurer, and pay over to him all moneys in the county treasury belonging to such city, taking the receipt of the mayor and city treasurer therefor. The county treasurer shall re- ceive, as compensation for all services rendered under this section as tax collector and treasurer, one-third ol one per cent of all moneys collected and paid over to the- city treasurer, but not to ex- ceed in all one thousand dollars per annum. The county treasurer and tax collector shall be liable on his official bond for all moneys received by him under the provisions of this section. Municipal Corporations. 753 Vote by yeas and nays in certain cases. Sec. 326. In all matters before the city coun- cil concerning the granting of franchises, letting of contracts, auditing of bills, ordering of work to be done or supplies to be furnished, or what- ever may involve the payment of money, or incur- ring of debt by the city, the vote shall be by yeas and nays, and be recorded in the journal. Restriction on members. Sec. 327. No member of the city council shall vote in the council upon any motion, resolution, or ordinance, in favor of any franchise, contract, bill, award, or appropriation, in w^hich he may have any pecuniary interest, present or prospec- tive. Debts. Sec. 328. The city council shall not create, allow or permit to accrue any debt or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purposes; nor shall any warrant be drawn or evi- dence of indebtedness be issued, unless there be at the time sufficient money in the treasury legal- ly applicable to the payment of the same, except as hereinafter provided. Debt, how incurred and paid. Sec. 329. If, at any time, the city council shall deem it necessary to incur any indebtedness in ex. cess of the money in the treasury applicable to the purpose for which such indebtedness is to be in- curred, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be in- curred. Such notice shall specify the amount of indebtedness proposed to be incurred, the purpose or purposes of the same, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least three weeks in some newspaper published in such city, as often during said period as said newspaper shall be published; and no other question or mat- ter shall be submitted to the electors at such elec- tion. If, upon a canvass of the votes cast at such election, it apiiear that not less than two-thirds of 754 Municiijal Corporations. all the qualified electors voting at such election shall have voted in favor of incurring such in- debtedness, it shall be the duty of the city council to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same; and an annual tax shall be levied and col- lected upon all the real and personal property sub- ject to taxation within such city, sufficient to pay the interest on such indebtedness as it falls duo, and also to constitute a sinking fund for the pay ment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council, in each year thereafter, at the time at which other taxes are levied, to levy a tax sutticient for such purpose, in addition to the taxes by this chapter authorized to be levied. Such tax, when collected, shall be exclusively appropri- ated to the payment of the principal and interest of such indebtedness, and the city treasurer shall be liable upon his official bond for any part of said fund otherwise used or appropriated. Separate fund. Sec. 330. It shall be the duty of the city council before levying the annual city tax, to establish, by ordinance, separate funds, representing the several funded obligations of the city, if any, and the several departments requiring municipal ex- penditures, including a general fund, and the per- centage of said levy shall be named for each fund, and the whole amount of taxes and revenues of the city apportioned accordingly, and no transfer shall be made except of balances in excess, or from the general fund to meet deficiencies, or to provide for the redemption of city bonds. Bonded indebtedness, how paid. Sec. 331. Any city having a bonded indebted- ness, contracted under laws heretofore passed, shall levy such taxes for the payment of such in- debtedness, and the interest thereon, as are pro- vided for in such laws, in addition to the taxes herein authorized to be levied. A-11 moneys re- ceived from licenses, and from fines, penalties, and for forfeitures, shall be paid into the general fund. Municipal Corporations. 755 Opening new streets. Sec. .332. The city council shall have power, up- on the payment of just compensation, to lay out and open new streets, lanes, alleys, courts, and places within the corporate limits of the city, but shall have no power to subject the city to any expense therefor, except for the necessary ex- pense of surveying and mapping out the same, and when said streets are so laid out and opened, the provisions of this chapter shall be applicable thereto. License on common carriers. Sec. 333. The city council of said city shall have power to issue and collect an annual tax li- cense on draymen, cabmen, omnibus proprietors, expressmen, and other common carriers doing bus- iness in the city, the ^proceeds of said licenses to be devoted to a street-department fund for keep- ing in repair the streets in the city. Said annual license not to be more than twelve dollars nor be less than eight dollars for such persons so li- censed. AVidening streets. Sec. 384. The city council is empowered to open, extend, and widen streets, and to modify the boundaries thereof within its corporate limits, and to determine the property benefited thereby, and to assess the expenses of such improvement upon the i)roiterty benefited, as hereinafter provided. Proceedings, how commenced. Sec. 835. All proceedings under said power shall be commenced by petition of five or more residents and freeholders within the city, signed by tlie pe- titioners, addressed to the city council, and filed with the clerk of said council. Such petition shall contain: 1. The names of the petitioners, and a state- ment that each of the petitioners is a resident and freeholder within the city; 2. A statement that, in the opinion of the peti- tioners, the public interests require that the im- provement asked for (describing it generally) should be made; 3. A request that the council proceed to order the improvement made. 75G Municipal Corporations. Duty of council. See. 336. At tlie regular meeting next after tlie meeting at which the petition is presented to the council, or at any subsequent meeting to which tht- proceedings may he regularly adjourned, the said council may, by resolution duly passed, determine the lands to be benefited by the improvement ask- ed for in the petition, and to be assessed for the expenses thereof. Said resolution shall contain a description of each lot. piece, or parcel of land necessary to be taken and condemned for such Improvement, and shall also specify the exterior boundaries of the district of land benefited there- by, and to be assessed therefor, and shall direct the city engineer to make a survey and map of the lands described in the resolution, a copy or which resolution shall be forthwith transmitted by the clerk of said council to the said city engi- neer. Duty of city engineer. Sec. 337. It shall be the duty of the city engi- neer, immediately upon receiving a copy of the resolution mentioned in section four, to survey the lands described in said resolution and make a map thereof, and to return said map to said council within twenty (20) days from the receipt by him of said copy of the resolution; said map shall show each piece, tract, or parcel of land necessary to be taken and condemned for said improvement, and also the exterior boundaries of the districts to be benefited by such improvement and to be assess- ed on account of the cost and expenses thereof, as declared in the resolution, and the area thereof, exclusive of public streets and alleys. Said city engineer shall have the right to enter upon the lands and make examinations and surveys there- of, and such entry shall constitute no cause of ac- tion in favor of the owners of said lands, except for injuries resulting from negligence, wanton- ness, or malice. Preliminary resolution. Sec. 338. The council, at its regular meeting next after the return of the map by the city en- gineer, shall pass a preliminary resolution, declar- ing the intention of the corporation to make the improvement asked for in the petition. Said reso- Municipal Corporations. 757 lution shall contain a description of each piece, lot, or tract of land necessary and sought to be taken, and condemned for the improvement, and also the exterior boundaries ' of the district of lands to be benefited thereby, and assessed for the exijenses thereof; tlie resolution shall also specify a time, not more than fifteen (15) days from tht passage thereof, for the hearing by said council of objections to the proposed improvement, and said resolution shall be published in at least one daily paper printed and circulated in the city, daily (Sundays and non-judicial days excepted), for at least ten (10) days prior to the time fixed for said hearing. Objections. feec. 3'6\). If a majority of the owners of ther lands in area to be assessed for the expenses of said improvement shall, on or before the day fix- ed by said resolution for the hearing of objections, appear and protest against said improvement, the proceedings shall be discontinued; provided, how- ever, that such protest must be in writing, and shall contain a description of the land claimed by each Protestant; and provided further, that the council may, by a unanimous vote of all its mem- bers, approved by the mayor, proceed to cause such improvement to be made, notwithstanding such protest. Final resolution. Sec. 340. If the owners of a majority in the area of the property to be assessed for the ex- penses of said improvement fail to appear and protest as provided in section seven, or if the council, by a unanimous vote, approved by the mayor, order said improvement to be made, said council must immediately pass a final resolution, declaring such determination. Such resolution shall refer to the said preliminary resolution, by its number, for a description of the lands neces- sary and sought to be talien and condemned for said improvement, and the district to be assessed for the expenses thereof. Commissioners to assess damages. Sec. 341. Immediately after the passage of such final resolution, the council shall apply to the su- Gen. Laws — 64 ^ 758 Municipal Corporations. perior court of the county in which such city is situated, either in term-time or vacation, by peti- tion, for the appointing of three commissioners to assess the compensation which shall be paid to the owners thereof for the lands sought to be tali en for such improvement, and to assess upon the property within the district to be benefited thereby the costs of such improvement. Said petition shall recite all the proceedings had in the prem- ises, and shall specify the exterior boundaries of the lands sought to be taken, and also the exterior boundaries of the district of lands to be benefited thoi-eby, and assessed for the expenses thereof. A copy of the map made by the city engineer shall be annexed to said petition, and may be referred to in the petition for a description of the lauds aforesaid. Duty of court. Sec. 342. Upon filing such petition, such court shall pass and take such jurisdiction of such pro. ceeding, and such court, or a judge thereof, shall, by order, fix a day for tlie hearing of such peti- tion, which shall not be less than ten, nor more than twenty days from the date of such order. Such order shall further direct notice of the time and place of such hearing to be given by the clerk by publication in two daily newspapers published in such city, and designated in such order, for at least a period of ten days in succession. Kequisites of notice. Sec. 343. Such notice shall specify the exterior boundaries of the lands sought to be taken for such improvement, and of the lands declared to be profited thereby and to be assessed for the ex- penses thereof, and shall further state that the damages to which the owner or owners of the land sought to be taken may be entitled for the saute will be inquired into and determined, and fhai such damages, together with the cost of the pro- ceedings for the acquiring title to such lands, and making apportionment thereof, will be apportion- ed and assessed upon the lands to be ])enGfited thereby, by commissioners to be appointed by sucli court, on the day fixed by such order for tlie hear- ing. Such notice shall be published daily for at Municipal Corporations. 759 least ten days (Sundays and non-judicial days ex cepted) before such hearing. Hearing. Sec. 344. At the time fixed for the hearing, or at such other time as the hearing may be adjourned to, the court shall proceed to hear any person inter- ested touching the regularity of the proceedings, and if satisfied that the proceedings have been reg- ular, shall appoint three competent and disinter- ested commissioners. The court may, at any time, remove any or all such commissioners for cause, upon reasonable notice and hearing, and may fill the vacancies occun-ing among them front any cause. Any persons interested may object to the appointment of any person as commissioner. on one or more of the grounds specified in section six hundred and forty-one of the Code of Civil Procedure, as grounds for the objection to the ap- pointment of persons as referees. Duty of commissioners. Sec. 345. Commissioners shall be sworn to faithfully perform their duties according to the provisions of this chapter. They shall then pro» ceed to view the lands mentioned and described in such resolution and petition, and may examine witness on oath, to be administered by any one of them, and shall keep minutes of the testimony so taken; they shall ascertain and appraise the value of the property sought to be taken for the improvements, and of all improvements thereon partaking of the realty, and of each and every es. tate therein; if it consists of different parcels, the value of each parcel and each estate, or interest therein, shall be separately appraised; if this prop- erty sought to be taken constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned or taken, by reason of the severance from the portion sought to be taken, and the construction of the improve- ment vn the manner proposed shall be appraised by said commissioners; they shall also ascertain and determine, as near as may be, the entire costs of the proceedings for the opening, extension, or im- provement aforesaid, including the costs of court 760 Municipal Corporations. and of commissioners; they shall then proceed to apportion and assess the whole amount of such costs and expenses, value of property sought to be taken, and damages to property not taken, upon the property within the district declared hy the resolution of the council to be benefited by said Improvement, and shall assess each tract, lot, piece, or parcel of land within said district in pro- portion to the benefits received by it from said im- provement. Report. Sec. 346. The said commissioners, withm a time to be fixed by the court, shall make a report of their proceedings, under their hands, or the hands of a majority of them, to the said court, in which report they shall describe, with common certainty, the several parcels of land sought to be- taken for such improvement, and the names ot the owners thereof, respectively, so far as they can be ascertained, designating unknown owners, if any such there be, and the sum of money which should be paid to each of said owners, as his or her compensation for the land necessary and sought to be taken and condemned for such im- provement. or of his or her estate, thereiu; and in case only a part of a larger parcel has been taken for such improvement, and the remaining portion is damaged or benefited thereby, they shall de- scribe such remaining portion, and specify th« sum to be paid or assessed to the owner thereof, or such damages or benefits as the case may be; they shall also describe, with common certainty, the several parcels of land within the district deemed to be benefited by said improvement, and the names of the owners thereof, so far as they can be ascertained, designating unknown owners, if such there be, and the sum of money which is assessed upon each particular parcel, and which should be paid by the owner thereof. Objections. Sec. 347. TTpon the filing of such report, the said court shall, by order, fix a day for hearing obj'ec- tions to the confirmation thereof, and shall direct notice of the time and place of said hearing to be given by the clerk, by publication in a daily news- Mimicipal Corporations. 761 paper published in said city, for at least ten days (Sundays and non-judicial days excepted), prior to said day of hearing. Hearing report. Sec. 348. Upon the day fixed for the hearing, the court shall proceed to hear any person inter- ested upon any question touching the regularity of the proceedings, the sufficiency of the compen- sation awarded, or the justice or equality of the assessment, and may confirm said report or set the same aside, or remand the same for correc- tion or alteration in any particular. If the re- port he set aside, the matter may in lilie manner be referred to the same or new commissioners ap. pointed by the court, who shall proceed as herein, before provided; if the report be remanded, it shall be corrected or altered in any particular re- quired by the court. Compensation of commissioners. Sec. 349. The commissioners shall be entitled to reasonable compensation for their services, to be certified to by the court, and taxed as part oi the expenses of the proceeding. Judgment, what to contain. Sec. 350. Upon confirmation of the report of the commissioners, judgment shall be rendered by the court thereon, which judgment must describe each parcel of land taken for such improvement, and the amount to which the owner is entitled as compensation or damages for the talking thereof, and the name of such owner or owners, if known, and in case only a portion of a larger parcel is taken, such judgment must describe such remain- ing portion, and the amount, if anything, to which the owmer thereof is entitled as damages; and must also describe each parcel of land assessed for the expenses of such improvement, and the amount so assessed upon each parcel respectively. Such judgment sliall direct a sale of each parcel so assessed, or so' much thereof as may be neces- sary to pay the amount of such assessment and expenses of sale, and the application of the pro., ceeds of such sale to the payment of the expenses of such sale, and the amount of compensation and damages awarded by such judgment. Such judg- 762 Municipal Corporations. ment shall be a lien upon the property against which such assessment is made, and may be en- forced by a sale of the property assessed, as here- inafter provided. Enforcement of judgment. Sec. 351. Within thirty days after the entry of such judgment, the persons liable must pay to the clerk of the court, for the benefit of the parties entitled thereto, the several amounts specified in such judgment, in default of which the respective parcels of land upon which such assessments have not been paid shall be sold by the sheriff of such county under a certified copy of such judgment, and in the manner provided by law for the sale of property upon decree of foreclosure of mort- gage. Money, to whom paid. Sec. l^^y2. 'Vhe moneys realized from such sale shall be paid by the officer making the same, to the clerk of the court, for the benefit of the par- ties entitled thereto. Final order. Sec. 353. Whenever the aggregate amount of damages or compensation awarded by such judg- ment shall have been paid to the clerk, either by voluntary payment or as moneys realized from sales under sucli ju an account of all receipts and expenditures, under such regulations as may be prescribed by ordi- nance; he shall make a monthly statement to the council of the receipts and expenditures of the preceding month, and in his capacity as city clerk be shall keep all the papers and documents be- longing to the city, attend the meetings or che council and keep a journal of their proceedings, and a record of all their ordinances, and shall do all things required of him by ordinances. MuDicipal Corporations. 767 Reports of officers. Sec. 379. It shall be the duty of the several elected and appointed officers of said city, when- ever required by the city council, to make reports to the said council, and in the manner required of them, and in their reports to embody all the mat- ters and information required pertaining to the duties of their respective offices. Other necessary affairs. Sec. 380. The city council may provide by ordi- nance for the election or appointment of any oth- er officer or officers necessary for the good gov- ernment of the city, and the proper administration of the public interest, and shall prescribe their duties and terms of office, and fix their compensa- tion. Article V.— Judicial Department. Police court. Sec. 300. The judicial power of the city shall be vested in a police court, to be held therein by the city justices, or one of them, to be designated by the mayor, but either of said city justices may hold such court without such designation, and it is hereby made the duty of such city justices, in addition to the duties now required of them by law, to hold said police court. Jurisdiction. Sec. 391. The police court shall have exclusive jurisdiction of the following public offenses com- mitted in the city: 1. Petit larceny; 2. Assault or battery, not charged to have been committed upon a public officer in the discharge of official duty, or with intent to kill; 3. Breaches of the peace, riots, affrays, commit- ting willful injury to property, and all misdemean- ors punishable by fine or by imprisonment, or by both such fine and imprisonment; 4. Of proceedings respecting vagrants, lewd or disorderly persons. , 76S Municipal Corporations. Jurisdiction. Sec. 392. Said court shall also have exchisive jurisdiction of all proceedings for violation of any ordinance of said city, both civil and criminal, and of an action for the collection of any license required by any ordinance of said city. Justices inhibited in certain cases. Sec. 393. Neither of said justices shall sit in cases in which he is a party, or in v^hich he is in- terested, or vs^here he is related to either party by consanguinity or affinity within the third degree, and in case of the sicliness or inability of the city justices, either of them may call in a justice of the peace residing in the county to act in his place and stead. Powers of justices. Sec. 394. Each of the city justices, while acting as judge of said court, shall also have power to hear cases for examination, and may commit and hold the offender to bail for trial in the proper court, and may try, condemn, or acquif. and car- ry his judgment into execution as the case may re- quire, according to law, and punish persons guilty of contempt of court; and shall have pov»^er to issue warrants of arrests in case of a crriminal prosecution for a violation of a city ordinance, as well as in case of the violation of tlie criminal law of the state; also all subpoenas, and all other processes necessary to the full and proper exer- cise of his powers and jurisdiction; and in such ot the cases enumerated in this section, in which trial by jury is not secured by the constitution of the state, he may proceed to judgment in the first instance without a jury, but on appeal the defend- ant shall be entitled to trial by jury in the super- ior court. Clerk of court. Sec. 395. The police court shall have a clerli, to be appointed by the city council, upon the nomi- nation of the mayor, who shall hold office during the pleasure of the council. The clerli shall keep a record of the proceedings of and issue all pro cess ordered by the city justices, or either of them, or by said police court, and receive and pay v.-eeii- ly into the city treasury all fines imposed by said Municipal Corporations. 769 court. He shall also each month render to the mayor (as auditor) an exact and detailed account, upon oath, of all fines imposed and collected, nn^ all fines imposed and uncollected, since his iast report. He shall prepare bonds, justify bail, when the amount has been fixed by either of the city justices or said court, in cases not exceeding one hundred dollars, and may administer oaths. Thf» clerk shall remain at the court-room of said couri during business hours, and during such reasonable times thereafter as may be necessary for discharg- ing his duty. Before receiving his salary, each or any month, he shall make and file with the audi- tor an affidavit that he has deposited with the city treasurer all moneys that have come to his hands belonging to the city. Any violation of th;» provision shall be a misdemeanor. He shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by the m.ayor, conditioned for the faithful discharge of the duties of his office. Disposition of moneys. Sec. 39G. All fines and other moneys collected on behalf of the city in the police court shall be paid into the city treasury on the first Tuesday of each month; and all bills for fees and costs due the officers of said court shall be reported to th^ city council each month. Dockets. Sec. 397. The city council shall furnish a suit- able room for the holding of said court, and shall also furnisli tlie necessary dockets and blanks. One docket shall be styled "The city criminal docket," in which all tlie criminal business shall be record- ed, and each case shall be alphabetically indexed; another docket shall be styled "The city civil dock- et," and it shall contain each and every civil case in which the city is a party, or which is prosecut- ed or defended for her interest, and each case shall be properly indexed. A third docket shall contain all the other business appertaining to the oflice of said city justice, and in all cases the docket shall contain all such entries as are re- quired by law to be made in justices' dockets; aoad in any case tried before the court, the docket Gen L,a\vs — U5 770 Municipal Corporations. must show what duties were performed by any officer of the court, and the amount of the fees due to the officer for such services, and what amount of money, if any, collected. Court, when open. Sec. 398. The police court shall be always open, except upon non-judicial days, and then for such purposes only as by law permitted or required of other courts of this state. Appeals. Sec. 399. Appeals may be fallen from any judg- ment of said police court, to the superior court of the county in which such city may be situated, in the same manner in which appeals are taken from justices' courts in lilie cases. Place of imprisonment. Sec. 400. In all cases of imprisonment of per- sons convicted in said police court of any offense committed in the city, the persons so to be im- prisoned, or by ordinance required to labor, shall be imprisoned in the city jail, or if required to la- bor, shall labor in the city. Seal. See. 401. Said court shall have a seal, to be fur- nished by the city. Monthly report. Sec. 402. The city justices shall, on the first Tuesday of each month, make to the city council a full and complete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be entered in the city civil docket, or the city criminal docket; such report to be made upon blanks to be furnished by the city council, and in such form as they may require. Transcripts and warrants. Sec. 403. Certified transcripts of the dockets, made by the clerk of said court, under the seal of said court, shall be evidence in any court of this state of the contents of said docket; and all war- rants and other process issued out of said court, and all acts done by said court, and certified un- der its seal, shall have the same force and valid- ity in any part of this .state as though issued or done by any court of record of this state. Municipal Corporations. 771 Article VI.— Educational Department. Board of education. Sec. 410. Tlie arovernment of the school depart- ment of the city shall be vested in a board of ed- ucation, to consist of seven members, to be called school directors. One school director shall be elect- ed from each ward at the res^ular municipal elec- tion, by the vote of the city at large, and shall hold office for the term of four years, and until his suc- cessor is elected and qualified; provided, that the first board of education elected under the provis- ions of tliis chapter sliall, at their first meeting, so classify themselves by lot as that three of their number shall go out of office at the expiration of two years, and four at the expiration of four years. Organization. Sec. 411. The board of education shall meet on tlie first Monday after their election, and elect one of their number president, and shall hold meetings at least once in each month thereafter at such times as shall be determined by a rule of said board. A majority of all the members elect- ed shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The board may determine the rules of its proceedings. Its sessions shall be public, and its records shall be open to public inspection. The board shall also have power to fill all vacan- cies occurring in the board until the next regular municipal election. Power of board. Sec. 412. The board of education shall have sole power: 1. To establish and maintain public schools, and to establish school districts, and to fix and alter the boundaries thereof. Employees. 2. To employ and dismiss teachers, janitors, and school-census marshals, and to fix, alter, al- low and order paid their salaries or compensation. 772 Municipal Corporations. and to employ and pay such mechanics and labor- ers as may he necessary to carry into effect the powers and duties of the board, and to withhold, for good and suthcient cause, the whole or any part of the salary or wages of any person or pet> sons employed as aforesaid. Regulation of schools. 3. To make, establish, and enforce all neces- sary and proper rules and regulations, not con- trary to law, for the government and progress of public schools within the city, the teachers there- of, and the pupils therein, and for carrying into effect the laws relating to education; also to es- tablish and regulate the grade of schools, and de- termine what text-books, courses of study, and mode of instructions shall be used in said schools. Supplies. 4. To provide for the school department of the city fuel and lights, water, blanks, blank-books, printing and stationeiT, and to incur such other incidental expenses as may be deemed necessary by said board. Building and repairs. 5. To build, alter, repair, rent, and provide school-houses, and furnish them with proper school furniture, apparatus, and appliances, and to insure any and all such school property. To hold propertj' in trust. 0. To receive, purchase, lease, and hold in fee, in trust for the city, any and all real estate, and to hold in trust any personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the public schools of the city; provided, that no real estate s])all be bought, sold, or exchanged, or expenditures incur- red for the construction of new school-houses without tbe consent of four members of the board of education and four members of the city council; and provided further, that the proceeris of any such sale or exchange of real estate shall be ex- clusively applied to the purchase of other lots, or the erection of school-houses; and the city council of the city is hereby authorized and required to make over to said board of education, upon appli- Municipal Coi-porations. 773 cation in writing by said board, through its presi- dent and secretary, by good and sufficient deeds of conveyance, all property, both real and per- sonal, now held by said city council in trust for the city for the use and benefit of the public schools; and the said board is hereby authorized to defray all expenses attending the same. To improve property. 7. To grade, fence, and improve all school lots, and in front thereof to grade, sewer, plank, or pave and repair streets, and to construct and repair sidewalks. To sue and defend. 8. To sue for any and all lots, land and prop- erty belonging to or claimed by the said school department, and to prosecute and defend all ac- tions at law or in equity necessary to recover and maintain the full enjoyment and possession of said lots, lands, and property. To estimate money needed. 9. To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this pro- vision the board shall, on or before the first Mon- day in February of each year, submit in writing to the city council a careful estimate of the whole amount of money to be received from the state and county, and the amount required from the city for the above purposes, and the amount so found to be required from the city shall, by the city council, be added to the other amounts to be as- sessed and collected for city purposes; provided, that the amount to be thus assessed for school pur- poses shall not exceed thirty cents on each one hundred dollars valuation upon the assessment roll, but may be increased to forty cents by con- sent of two thirds of the city council, and that when collected it shall be immediately paid into the school fund, to be drawn out only upon the order of the board of education. Disbursements. 10. To establish regulations for the just and equal disbursement of all moneys belonging to the public school fund. 774 Municipal Corporations. Demands. 11. To examine and allow, in whole and in part, every demand payable out of the school fund, or to reject any such demands for good cause. Incumbrances. 12. To discharge all legal incumbrances now existing, or which may hereafter exist, upon any school property. Age limit. 13. To prohibit any child under six years of age from attending the public schools. Oth('r acts. 14. And generally to do and perform such other acts as may be necessary and proper to carry into force and effect the powers conferred on said board, and to increase the efficiency of the public schools in said city. Oaths on demands. i>ec. 4lo. The president of the board of edu- cation shall have power to administer oaths and affirmations concerning any demand upon the treasury payable out of the school fund,- or other matters relating to his official duties. Contracts. Sec, 414. All contracts for building shall be giv- en to the lowest bidder therefor offering adequate security, to be determined by the board, after due public notice published for not less than ten days in one daily paper of the city. No director or superintendent to be a party. Sec. 415. No school director or superintendent shall be interested in any contract pertaining in any manner to the school department of said city. All contracts in violation of this section are de- clared void, and any director or superintendent violating or aiding in violating the provisions of this section shall be deemed guilty of misdemean- or, and shall be punished by fine of not less than one hundred dollars nor more than one thousand dollars. City board of examiners. Sec. 416. No teacher shall be employed in any of the public schools without having a certificate issued under the provisions of this chapter. For Municipal Corporations. 775 the purpose of granting the certificates required, the board of education shall appoint a city boai-d of examination. The city board of examination shall consist of the school superintendent and four other persons, residents of such city, at least two of whom shall be experienced teachers. The members of tlie city board of examination shall receive for their services such compensation as may be fixed by the board of education. Such city board of examination shall have power: Eules. 1. To adopt rules and regulations not inconsist- ent with the laws of this state for its own govern- ment, and for the examination of teachers. Examination. 2. To examine applicants, and to prescribe a standard of proficiency which will entitle the per- son examined to a certificate. Certificates. 3. To grant city certificates of three grades; 1. High-school certificates, valid for six years, and authorizing the holder to teach any primary, grammar, or high school in such city; 2. City certificates, first grade, valid for four years, and authorizing the holder to teach any primary or grammar school in such city; 3. City certificates, second grade, valid for two years, and authorizing the holder to teach any primary school in such city. 4. Without examination, to grant certificates and fix the grade thereof to the holders of state life diplomas, state educational diplomas, state normal-school diplomas, state university diplo- mas (when recommended by the faculty of the university), state certificates, city certificates granted in other cities of this state, and life di- plomas, and state normal-school diplomas of other states; 5. To revoke or suspend for immoral or unpro- fessional conduct, profanity, intemperance, or evi- dent unfitness for teaching, any certificate grant- ed by them. Secretary. Sec. 417. The school superintendent shall act as secretary and book-keeper of the board of edu- 776 Municipal Corporations. cation, and perform all clerical duties required by such bonrd. In the absence of the superintendent, the board of education may appoint one of their own number to act as secretary. The school su- perintendent may appoint an assistant at a salary of one hundred dollars per month. The super- intendent may, for a good and sufficient cause, provisionally suspend any teacher employed in the schools of such city until the next meeting of the board of education. Superintendent's reports. Sec. 418. The superintendent shall report to the board of education annually, and at such other times as they may require, all matters pertaining to the expenditures, income and condition and progress of the public schools of said city during the preceding year, with such recommendations aa he may deem proper. Duty of superintendent. Sec. 419. It shall be the duty of the superintend- ent to visit and examine each school at least once a month, to observe, and cause to be observed, such general rules for the regulation and govern- ment and instruction of the schools, not inconsist- ent with the laws of the state, as may be estab- lished by the board of education; to attend the ses- sions of the board, and inform them at each ses- sion of the condition of the public schools, school- houses, school fund, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of education in the city. He shall acquaint himself with all the laws, rules, and regulations govern- ing the public schools in said city, and the judicial decisions thereon, and give advice on subjects connected with the public schools, gratuitously, to officers, teachers, pupils, and their parents and guardians. Vacancy. Sec. 420. In case of vacancy in the office of su- perintendent, the board of education shall have power to fill the vacancy until the next ensuing municipal election. School fund. Sec. 421. The school fund of the city shall con- sist of all moneys received from the state school Municipal Corporations. 77T fund; of all moneys arisini? from taxes which shall be levied annually by the city council of the city for school purposes; of all moneys arising from the sale, rent, or exchange of any school property, and of such other moneys as may, from any source whatever be paid into said school fund ; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chap- ter. If, at the end of any fiscal year, any sur- plus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal year, and shall not be, for any purpose whatever, diverted or withdrawn from said fund, except under the provisions of this chapter. School fund, how expended. Sec. 422. The said school fund shall be used and applied by said board of education for the follow- ing purposes, to wit; i. For the payment of the salaries or wages of teachers, janitors, school-census marshals, and other persons who may be employed by said board; 2. For the erection, alteration, repairs, rent, and furnishing of school-houses; 3. For the purchase money or rent of any real or personal property purchased or leased by said board ; 4 For the insurance of all property; 5. For the discharge of all legal incumbrances on any school property; 6. For lighting school-rooms and the offices and rooms of the superintendent and board of educa- tion; 7. For supplying the schools with fuel, water, apparatus, blanks, blank-books, and necessary school appliances, together with books for indi- gent children; 8. For supplying books, printing and stationery for the use of the superintendent and board of education, and for the incidental expenses of the board and department; 9. For the payment of the salary of the super- intendent and assistant superintendent; 10. For grading and improving all school lots, 77S Municipal Corporations. and for sfradinc:, sewering, planking, or paving and repairing streets, and constructing and re- pairing sidewalks in front thereof. Claims. Sec. 42.''>. All claims payable out of the school fund shall be filed with the secretary of the board, and after they shall have been approved by a jna- jority of all the members elect of said board, upon a call of the ayes and noes, which shall be record- ed, they shall be signed by tlie president of the board and by the superintendent, and be sent to the city treasurer. Every demand shall hnve in- dorsed upon it a certificate of its approval. All demands for salaries shnll be paid montlily. Debt not to be in excess of income. Sec. 424. All demands authorized by this article shall be paid by the city treasurer from the school fund, when the same shnll be presented to him, ordered paid, and approved by the board: provided, that the said board shall not have power to con- tract any debt or liabilities, in any form whatso- ever, against the said city, in contravention of this article, or exceeding in any year the income and revenue provided for the school fund for such year. Auditor to certify. Sec. 425. It shall be the duty of the auditor of the county in which any such city may be situ- ated, upon the first Monday in each mouth, and at such other times as he may deem proper, to cer- tify in duplicate to the superintendent of schools of such county, the amount of school moneys at that time in the county treasury, and the amount re- ceived during the previous month. The county su- perintendent shall, upon receipt of such certifi- cates, indorse upon one of them the amount of such moneys to which the common schools in such city are entitled. The certificate so indorsed shall at once be returned to said auditor, who shall di- rect upon the same the county treasurer to pay the sum designated upon such certificate to tlie treasury of such city for the use of the school fund thereof. Treasurer to pay. Sec. 426. The treasurer of such county shall thereupon pay to the treasurer of such city tlie Municipal Corporations. 779 sum directed by the auditor as above provided; and when said moneys are placed in such city school fund, they shall be used in precisely the same manner as moneys raised by city school taxes in such city; provided, that the entire reve- nue derived by such city from the state school fund, and the state school tax, shall be applied by said board of education exclusively to the sup- port of primary and grammar schools. CHAPTER IV. Municipal Corporations of the Third Class, (A charter for cities having a population of more than 15,000 and not exceeding 30,000.) Article I.— General PoAvers. Third class. Sec. 500. Every municipal corporation of the third class shall be entitled the city of (nam- ing it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and all proceedings whatever; shall have and u«e a common !^eal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold, and enjoy real and personal prop- erty, and control and dispose of the same for the common benefit. Article II.— General Provisions Relating to Officers. City officers. Sec. 501. The government of such city shall be vested in a mayor; a common council, to consist of seven aldermen; a board of education, to con- sist of seven school directors; a police judge; an assessor; a clerk, who shall be ex officio auditor; a treasurer; a superintendent of streets; a tax and license collector; a water-rate collector; a city at- torney; and such other and inferior officers as the common council may appoint. 780 Municipal Corporations. Election and tenure. Sec. 502. The aldermen, mayor, police .iud,c:e, city attorney, and assessor shall be elected by the qualified electors of such city, at a general muni- cipal election to be held therein on the second Tuesday in March, in each even-numbered year. The mayor, police judge, city attorney, and as- sessor sliall hold office tor the period of two years* from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified. The members of the com- mon council and board of education shall hold of- fice for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elected and quali- fied; provided, that the first common council elect- ed under the provisions of this chapter shall, at their first meeting, so classify themselves by lot as that three of their number shall go out of office at the expiration of two years, and four at the expiration of four years; and provided fur- ther, tliat the first board of education elected un- der the provisions of this chapter sliall, at their first meeting, so classify themselves by lots as that three of their number shall go out of office at the expiration of two years, and four at the expira- tion of four years. Other officers appointed. Sec. 503. All other ofiicers, except, as otherwise in this chapter provided, shall be appointed by the common council, upon the nomination cf the mayor, and shall hold office for the period of two years from and after the date of such appoint- ment, and until their successors are appointed, elected, and qualified. Bonds. Sec. 504. The common council shall, by ordi- nance, determine what officers shall give bonds for the faithful performance of their duties, and fix the amount of such bond; and each of such offi- cers shall, before entering upon the duties of his office, execute a bond to such city in such penal sum as the common council by ordinance may de- termine, conditioned for the faithful performance of his duties, including in the same bond the du- Municipal Corporations. 781 ties of all offices of which he is made by this chap- ter ex officio incumbent. Such bond shall be ap- proved by the common council. All bonds, when approved, shall be filed with the clerk, except the bond of the clerk, if any, which shall be filed with the mayor. All the provisions of any law of this state relating to the official bonds of officers shall apply to such bonds except as herein otherwise provided. Every officer of such city, before enter- ing upon the duties of his office, shall take and file with the clerk the constitutional oath of office. Vacancies. Sec. 505. Any vacancy occurring in any of the offices provided for in this chapter, except in the office of school director, shall be filled by appoint- ment by the common council upon the nomination of the mayor, but if such office be elective, such appointee shall hold office only until the next regular election, at which time a person shall be elected to serve .for the remainder of such unex- pired term. Compensation. Sec. 506. The aldermen and school directors •sliall receive no compensation whatever. The an- nual salaries of other officers shall be as follows: mayor, one thousand two hundred dollars; police judge, one thousand eight hundred dollars; as- sessor, one thousand eight hundred dollars; city attorney, one thousand five hundred dollars; street superintendent, one thousand two hundred dollars; clerk and auditor, one thousand five hun- dred dollars; tax and license collector, one thous- and two hundred dollars; treasurer, one tliousand dollars, water-rate collector, one thousand two hundred dollars; school superintendent, one thous- and five hundred dollars; all of which salaries shall be paid monthly. Elections. Sec. 507. All elections in such city shall be held in accordance with the general election law of the state, so far as the same may be made ap- plicable; and no person shall be entitled to vote at such election unless he shall be a qualified elec- tor of the county, enrolled upon the gji-eat register thereof, and shall have resided in such city for Gen. Laws— 66 782 Municipal Corporation. at least thirty days next preceding such election. The common council shall give such notice of each election as may be prescribed by ordinance, shall appoint boards of election, and fix their compen- sation, and establish and change election pieciucts and polling-places; provided, that no part of any ward less than the whole thereof shall be attach- ed to any other ward, or part thereof, in forming election precincts. At any municipal election the last printed great register of the county shall be used, and any elector whose name is not upon such printed register shall be entitled to vote up- on producing and filing with the board of election a certificate, under the hand and official seal of the county clerk, showing that his name is regis- tered and uncanceled upon the great register of such county, provided that he is otherwise entitled to vote. Eligibility to office. Sec. 508. No person shall be eligible to or hold any office in such city, whether filled by election or appointment, unless he be a resident and elect- or therein, and shall have resided in such city for one year next preceding the date of such elec-. tion or appointment; provided, however, that the provisions of this section shall not apply to school superintendents or school-teachers. One alder- man and one school director shall be electerl from each ward, and the person so elected must be a resident of the ward from which he is so elected, and continue to be such resident during his term of office, and if lie shall fail to so continue a resi- dent of such ward, his office shall, by reason thereof, immediately become vacant. Free library. Sec. 509. The trustees of any free public library created or existing in such city under the pro vis- ions of an act entitled "An act to establish free public libraries and reading-rooms," approved April twenty-sixth, eighteen hundred and eighty, shall be appointed by the council in the same man- ner as other officers are appointed under the pro- visions of this chapter, anything in the provisions of said act to the contrary notwithstanding. Municipal Corporations. 783 Article III. — Legislative Department. Common conneil— Meetings. Sec. 520. "The common council shall meet on the Monday next succeeding the date of said general municipal election, and shall hold regular meet- ings at least once in each month, at such times as they shall fix by ordinance. Special meetings may be called at any time by the mayor, or by three aldermen, by written notice delivered to each member at least three hours before the time speci- fied for the proposed meeting. All meetings of the common council shall be held within the cor- porate limits of the city, at such place as may be designated by ordinance, and shall be public. Mayor to preside. Sec. 521. At any meeting of the common coun- cil, a majority of the aldermen shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be pre- scribed by ordinance. The mayor shall preside at all meetings of the council, and in case of his ab- sence, the council may appoint a president pro tern.; and in case of the absence of the clerk, the mayor or president pro tem. shall appoint one of the members of the council clerk pro tem. Rules. Sec. 522. The common council shall judge of the qualifications of its members, and of all elec- tion returns, and determine contested elections of all city officers. They may establish rules for the conduct of their proceedings, and punish any member or other person for disorderly behavior at any meeting. They shall cause the clerk to keep a correct journal of all their proceedings, and, at the desire of any member, shall cause the ayes and noes to be taken on any question, and entered on the journal. 784 Municipal Corporations. "Light and water ordinances. Sec. 528. No ordinance, and no resolution or or- der for the payment of money, for .£n*anting any franchise, for lighting or watering streets, or tor supplying water for municipal purposes, shall be passed by the common council on the day of its introduction, nor witliin five days thereafter', nor at any other than a regular meeting; and no ordi- nance, and no such resolution or order, shall have any validity or effect unless passed by the votes of at least four aldermen and approved by the mayor; provided, that if the mayor shall neglect or refuse to approve the same within Hve days, then the same may be passed by the votes of five aldermen, and shall then take effect as if approv- ed by the mayor. Powers of council. Sec. 524. The common council of such city shall have power: Ordinances. 1. To pass ordinances not in conflict with the constitution and laws of this state, or of the United States. Real estate. 2. To purchase, lease, or receive such real es- tate and personal property as may be necossary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have power to sell or convey any portion of any water fro it. V>'ater supply. 'S. To acquire, construct, repair, anl manage, pumps, aqueducts, reservoirs, and other worses necessary or proper for supplying the city with water. Streets. 4. To establish, lay out, alter, open, keep open, improve, and repair streets, sidewalks, alleys, bridges, squares, and other public highways and places within the city, and to drain, sprinkle, and light the same; to remove all obstructions there- from; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the o-ame in whole or in part, and to construct gutters, cul- verts, sidewalks, and cross-walks therein or upon Municipal Corporations. 785 any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally manage and control all such highways and places. Sewers. 5. To construct and maintain drains and sew- ers. Extinguishment of fires. 6. To provide fire-engines and all other neces- sary or proper apparatus for the prevention and extinguishment of fire, and to construct and main- tain telegraph and telephone lines for fire and po- lice purposes. Poll-tax. 7. To impose on and collect from every male inhabitant between the ages of twenty-one and sixty years an annual street poll-tax not exceeding two dollars; and no other road poll-tax shall be col- lected within the limits of such city. Dog tax. 8. To impose and collect an annual tax, not ex- ceeding two dollars, on every dog owned or har- bored within the limits of the city; and no other dog tax shall be collected within the limits of such city. Property tax. 9. To levy and collect annually a property tax, not exceeding one dollar on each one hundred dol- lars of the assessed value of all real and personal property within such city, which said tax shall be apportioned as follows: For the general fund, not exceeding fifty cents on each one hundred dollars; for the road fund, not exceeding twenty-five cents on each one hundred dollars; and for the school fund, not exceeding twenty-five cents on each one hundred dollars; each of which funds shall be kept separate from all others. Licenses. 10. To license, for purposes of regulation and revenue, all and every kind of business authorized by law, and transacted or carried on in such city, and all shows, exhibitions, and lawful games car- ried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise. 78t> Municipal Corporations. Elvers. 11. To improve the rivers and streams flowing through such city, or adjoining the same; to wid- en, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the water-front of the city; to construct and main- tain embankments and other worlis to protect such city from overflow; and to bridge any creek or river so as not to interfere with navigation. Public buildings. 12. To erect and maintain buildings for munici- pal purposes. Tracks and pipes. 13. To permit, under restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, or other motive power thereon, and the laying of gas and water pipes in the public streets, and the construc- tion and maintenance of telegraph and telephone lines therein. Ward division. 14. To divide the city, by ordinance, into seven wards as nearly equal in population as may be, to fix the boundaries thereof, and to change the same from time to time; provided, that no change in the boundaries of any ward shall be made within sixty days next before the date of said general munici- pal election, nor within twenty months after the same shall have been established or altered. Fire department. 15. To establish and regulate a fire department and a police department, to appoint and remove the officers and employees thereof, and to prescribe their duties and fix and order paid their salaries and compensation. Subordinate oflicers. 16. To appoint and remove such subordinate of- ficers as they may deem proper, and to fix their duties and compensation. Imposition of penalties. 17. To impose fines, penalties, and forfeitures for any and all violations of ordinances; and for any breach or violation of any ordinance, to fix the pen- alty by fine or imprisonment, or both; but no such Municipal Corporations. 787 fine shall exceed five hundred dollars, nor the term of such imprisonment exceed six months. Prison labor. 18, To cause all persons imprisoned for violation of any ordinance to labor on the streets or other public property or works within the city. Other acts. 19. To do and perform any and all other acta and things necessary or proper to carry out the provisions of this chapter. Enacting clause. Sec. 525. The enacting clause of all ordinances shall be as follows: "The mayor and common council of the city of do ordain as follows." Every ordinance shall be signed by the mayor, at- tested by the clerk, and published at least five times in a newspaper published in such city. Common council to audit. Sec. 520. All demands against such city, except for school purposes, shall be presented to and au- dited by the common council, in accordance with such regulations as they may by ordinance pre- scribe; and upon the allowance of any such de- mand, the mayor shall draw a warrant upon the treasurer for the same, which warrant shall be countersigned by the clerk, and shall specify for what purpose the same is drawn, and out of what fund it is to be paid. No debt in excess of available money. Sec, 527. The common council shall not create, audit, allow, or permit to accrue any debt or liabil- ity in excess of the available money in the treas- ury that may be legally apportioned and appropri- ated for such purposes; provided, that any city, during the first year of its existence under this act, may incur such indebtedness or liability as may be necessary, not exceeding in all the income and revenue provided for it for such year; nor shall any warrant be drawn, or evidence of indebted- ness be issued, unless there be at the time suffi- cient money in the treasury legally applicable to the payment of the same, except as hereinafter provided. ''^^ Municipal Corporations. Indebtedness in excess to be decided by election. Sec. 528. If, at any time, the common council shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purpose for which such indebtedness is to be incurred, they shall give notice of a special elec- tion by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the purpose or purposes of the same, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least three weeks in some newspaper published in such city; and no other question or matter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appear that not less than two-thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be the duty of the common council to pass an ordinance pro- viding for the mode of creating such indebtedness, and of paying the same; and in each ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city sutfi- cient to pay the interest on such indebtedness as it falls due; and also to constitute a sinking fund for the payment of the principal. thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty 6f the common council in eacli year thereafter, at the time at Avhich other taxes are levied, to levy a tax sufficient for such purpose, in addition to the taxes by this chapter authorized to be levied. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness. Violation of ordinances. Sec. 529. The violation of any ordinance of such city shall be deemed a misdemeanor, and may be prosecuted by the authorities of such city in the name of the people of the state of California, or Municipal Corporations. 789 may be redressed by civil action, at the option of said authorities. Any person sentenced to .impris- onment for the violation of an ordinance may be imprisoned in the city jail; or, if the common coun- cil by ordinance shall so prescribe, in the county jail of the. county in which such city may be situ- ated, in which case the expense of such imprison- ment shall be a charge in favor of such county and against such city. Nuisances. Sec. 5.30. Every act or thing done or being with- in the limits of such city, which is or may be de- clared by law or by any ordinance of such city to be a nuisance, shall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may be given by law for the prevention and abatement of nuisances shall apply thereto. System of street work. Sec. 531. The common council are authorized and empowered to provide, by ordinance, a system for doing any or all work in or upon the streets, highways, and public places of such city, and for malving therein street improvements and repairs, and for doing any or all work authorized by sub- divisions four and five of section five hundred and twenty-four of this act, and for the payment of the cost and expenses thereof, either by the levy and collection of special assessments therefor, in proportion to benefits, upon the property to be ben- efited thereby, or by payments made out of the road fund of such city, or by both; provided, that in all cases where more than one-half of the ex- pense of any such improvement, except the con- struction of a sewer or drain, exceeding in amount the sum of one thousand dollars, is to be de- frayed by special assessment, the common coun- cil shall first adopt a resolution, which shall be entered upon their journal, declaring their intention to make such improvement, and fix- in.g a time at which objections to the mak- ing of such improvement will be considered. Such resolution shall also designate the boun- daries of the district to be affected or bene- 790 Municipal Corporations. fited by such improvement. Upon adopting such resolution, the common council shall give notice of such intention, which notice shall be pub- lished for twenty days in a newspaper printed and published in such city. Such notice shall describe the improvement so proposed to be made, and state the estimated cost thereof, and designate the time set for such hearing, and shall refer to such reso- lution so entered upon the journal for such de- scription of boundaries. If, at or before the time so fixed, written objections to such improvement, signed by the owners of two-thirds in value of the property so to be affected or benefited, as shown by the last preceding city assessment roll, be not filed with the clerk, the common council shall be deemed to have acquired jurisdiction to order the malving of such improvement. Any such special assessment made and levied to defray the cost and expenses of any such work, together with any per- centage imposed for delinquency and the costs of collection, shall constitute a lien upon and against the property upon which such assessment is made and levied, from and after tlie date of the order for such assessment; which lien may be enforced by a summary sale of such property, and the exe- cution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by an action in any court of competent jurisdiction to foreclose such lien; provided, that any property sold to satisfy any such lien shall be subject to redemption with- in the time and in the manner provided, or that may hereafter be provided by law for the redemp- tion of property sold for taxes. Eight of way. Sec. 532. The common council are authorized and empowered to provide by ordinance for the es- tablishing, laying out, extending, and widening streets and other public highways and places with- in the city, and for taking private property there- for, and for taking private property for the pur- pose of rights of way for drains, sewers, and aqe- ducts. and for the purpose of widening and straightening the channels of streams, and the im- provement of water-fronts; but no private prop- Municipal Corporations. 791 erty or right of way over or through the same shall be taken without the consent of the owner there- of until a just compensation for the same shall be ascertained and paid to such owner, or into court for his use. If the owner of any parcel of land proposed to be taken for any such improvement shall be dissatisfied with the amount of compensa- tion awarded by said council for the taking of such parcel, he may, within twenty days after the date of such award, commence an action against such city in any court of competent jurisdiction within the city, township, or county, to recover such amount of compensation as he may consider him- self entitled to. The amount of compensation as- certained and awarded in such action shall be deemed and taken to be the amount of compensa- tion to which such person will be entitled if such improvement be made. If such person fail to re- cover in such action a greater amount of compen- sation than was so awarded by said council, he shall not recover costs but shall pay costs to such city. Any owner of or person inter- ested in any such parcel of land, who shall fail to commence such action within the time herein limited, shall be deemed to have waiv- ed his right in that behalf, and to have assented to and ratified the award of said council. The common council shall not acquire jurisdiction to exercise any of the powers hereinbefore in this section enumerated, until a petition in writing therefor is first presented to said council, signed by at least twenty inhabitants of said city, taxable therein for municipal purposes. Such petition must describe generally the street, highway, or public place proposed to be laid out or established, or the proposed alteration by widening or extending the same, or by widening or straightening the channels of streams, or by the improvement of water-fronts; or if a right of way is sought for drains, sewers, or uquedncts. such petition shall describe the pro- posed route for the same. Such petition shall be heard at a regular meeting of the council, notice of such hearing being given by the clerk by publi- cation in a newspaper published in such city, for at period of three weeks before hearing. Such notice 792 Municipal Corporations. shall be deemed to give said council full jurisdic- tion over the subject-matter, and over the person of every owner of or person interested in any par- cel of land to be taken or assessed for any such improvement; and every person interested, from and after the expiration of such publication, shall be deemed to have notice of all subsequent pro- ceedings; provided, that nothing herein contained shall be construed to prevent such council from giving such other or further notice as they may deem proper. At the time fixed in such notice, or at such time to which such hearing may be post- poned, the council shall proceed to hear and deter- mine the prayer of such petition pursuant to such rules and regulations as may be prescribed by such ordinance. Such system, so established by ordi- nance, may provide for the payment of such com- pensation, either by the levy and collection of spe- cial assessments therefor, in proportion to benefits upon the property to be affected or benefited by any such improvement, or by payments made out of the street fund, or river and water-front im- provement fund of such city, or by both. Any such special assessment made and levied to provide means for the payment of any such compensation and the cost of ascertaining the same, together with any percentage imposed for delinquency and the costs of collection, shall constitute a lien upon and against the property upon Avhich such assess- ment is made and levied, from and after the date of the order for such assessment; which lien may be enforced by a summary sale of such property, and the execution and delivery of all necessary certificates and deeds therefor, under such regula- tions as may be prescribed by ordinance, or by an action in any court of competent jurisdiction to foreclose such lien; provided, that any property sold to satisfy any such lien shall be subject to redemption within the time and in the manner provided or that may hereafter be provided by law for the redemption of property sold for taxes. Taxes and tax sales. Sec. 533. The common council shall have power, and it shall be their duty, to provide by ordinance for the assessment, levy, and collection of all city Municipal Corporations. 795 taxes, which shall conform, as nearly as the cir- cumstances of the case may permit, to the provi- sions of the laws of this state in reference to the assessment, levy, and collection of state and county taxes, except as to the times for such assessment, levy, and collection, and except as to the officers by whom such duties are to be performed. All taxes assessed, together with any percentage im- posed for delinquency and the costs of collection, shall constitute liens on the property assessed from and after the first Monday in March in each year; which liens may be enforced by a summary sale of such property, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by actions in any court of competent jurisdiction to foreclose such liens; provided, that any property sold for such taxes shall be subject to redemption within the time and in the manner provided or that may hereafter be provided by law for the redemption of property sold for state or county taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for non-payment of state or county taxes. Laws concerning indebtedness to continue in force. Sec. 534. No money shall be expended or drawn out of the street fund for any but street and sewer purposes, and no money shall be expended or drawn out of the school fund for any but school purposes. Whenever any city organizing under this act has a bonded indebtedness contracted or issued under any law of this state, all the provi- sions of such laws in regard to the levying, collec- tion, and disposition of taxes and revenues for the payment of such indebtedness and the interest thereon, shall continue in force, and the taxes lev- ied and revenues raised for the payment of the in- terest and principal of such indebtedness shall be in addition to the taxes provided by section five hundred and twenty-four of this act, and the com- mon council of said city, organizing under this act. Gen. Laws— GT 794 Municipal Coii)orations. is hereby authorized and empowered to levy and collect such taxes and apportion such revenues for the payment of such indebtedness and interest, in addition to the limit of taxation hereinbefore pre- scribed in this act; and nothing in this chapter shall be construed to prevent any city from levy- ing and collecting the tax authorized by the act en- titled, "An act to establish free public libraries and reading-rooms," approved April twenty-sixth, eigh- teen hundred and eighty, in addition to the taxes herein authorized to be levied and collected. All moneys received from licenses, and from fines, penalties and forfeitures, shall be paid into the general fund. Kiver improvement. Sec. 535. The common council may also levy and cause to be collected, in each year, in addi- tion to the taxes herein authorized to be levied and collected, a tax, not exceeding twenty cents on each one hundred dollars of the assessed value of all real and personal property within such city subject to taxation, the proceeds of which tax shall be known as the "river and water-front improve- ment fund," and shall be applied to the improve- ment of streams, bays, and waterfronts, the erec- tion of embankments, and other works to protect the city from overflow, and the construction of works of drainage, and for no other pui*poses what- ever. Public work to be done by contract. Sec. 53G. In the erection, improvement, and re- pair of all public buildings and works, in all street and sewer work, and in all work in or about streams, bays, or water-fronts, or in or about em- bankments or other works for protection against overflow, or in furnishing any supplies or mate- rials for the same, when the expenditures required for the same exceeds the sum of five hundred dol- lars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after due notice, under such regulations as may be prescrib- ed by ordinance; provided, that the common coun- cil, or board of education, may reject all bids pre- sented, and readvertise, in their discretion; and pro- vided further, that in case of any great and unf ore- Municipal Corpok'ations. 795 seen calamity or emergency the common council, by a resolution, unanimously adopted and approv- ed by the mayor, may dispense with the foregoinar provisions of this section, the reason for such ac- tion beinjr entered on their minutes. The common council shall, annually, at a stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest bidder, after no- tice as provided in this section. All advertising shall be done in a newspaper printed and pub- lished in such city, and the contract therefor chall be awarded separately from all other printing. Article lY.— Executive Department. Mayor. Sec. 5.50. The mayor shall be at the head of the executive department of the city. It shall be his duty to be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced; to have the general supervision of the police department; to receive and examine into all complaints preferred against any officer, and to certify the same to the common council; to admin- ister and certify oaths and affirmations in any and all matters and proceedings pertaining to the city; to preside at all meetings of the common council; and to perform such other duties as are or may be prescribed by law or ordinance. Clerlj. Sec. 551. It shall be the duty of the clerk to keep a true and correct record of all the proceed- ings of the common council, and to countersign all warrants; to keep accounts current with every of- ficer charged with the receipt or disbursement of money; to keep the seal of the city and aflBx the same to all instruments requiring such seal; to per- form the duties required of him by the next sec- tion; to report to the common council on the first Monday of each and every month a full and de- tailed statement of the receipts and disbursements of the treasury during the preceding month, and the state of each particular fund, which statement 796 Municipal Corporations. shall be verified by his oath; to administer and certify oaths and affirmations; to perform such du- ties in and about the assessment, levy, and collec- tion of taxes and assessments as may be prescribed by law or ordinance; to appoint deputies; and to perform such other and further duties as the com- mon council may by ordinance prescribe. Treasurer. Sec. 552. It shall be the duty of the treasurer to receive, upon the order of the clerk, all moneys due or belonging to the city, for which ho shall give his receipt, which receipt shall be filed with the clerk by the person making such payment, and the clerk shall give to such persons his receipt therefor, which receipt shall be the only evidence of payment. He shall pay all warrants drawn by authority of and in accordance with law. He shall perform such duties in the collection of taxes or assessments as are or may be prescribed by law or ordinance. He shall, on the first Monday of each and every month, present to the common council a full and detailed statement of the amount of money belonging to the city received by him, and by him disbursed during the preced- ing month, and the state of each particular fund, which statement shall be verified by his oath. He may appoint deputies by and with the consent or the common council, and shall perform such other duties as are or may be prescribed by law or ordi- nance. Compensation, how fixed. Sec. 553. The common council shall, by ordi- nances not inconsistent with the provisions of this chapter, prescribe the duties of all officers, and fix their compensation. .\rticle \^,— Judicial Department. Police and justices' courts. Sec. 560. The .iudicial power of the city shall be vested in a police court, to be held by the police judge of such city. Said police court shall have jurisdiction, concurrently with the justices' courts, Municipal Corporations. 797 of all criminal actions and proceedings arising within the corporate limits of such ^ity, and which might be tried in such justices' courts; and shall have exclusive jurisdiction of all actions foe the recovery of any fine, penalty, or forfeiture pre- scribed for the breach of any ordinance of such city, of all actions founded upon any obligation or liability created by any ordinance, and of all prose- cutions for any violation of any ordinance. The rules of practice and mode of proceeding in said police court shall be the same as are or may be prescribed by law for justices' courts in lil^e cases; and appeals may be taken to the superior court of the county in which such city may be situated from all judgments of said police court, in like manner and with like effect as in cases of appeals from justices' courts. Said court shall be a court of record. Police judge. Sec. 561. The police judge shall be judge of the police court, and shall have the powers and per- form the dutes of a magistrate. He may adminis- ter and certify oaths and affirmations, and take and certify acknowledgments. When disqualified. Sec. 562. In all cases in which the police judge is a party, or in which he is interested, or when he is related to either party by consanguinity or affin- ity within the third degree, or is otherwise dis- qualified, or in case of his sickness or inability to act, the mayor may call in a justice of the peace residing in the city to act in the place and stead of the police judge; or if there be no justice of the peace residing in the city, or if all those so resid- ing are lilvcwise disqualified, then he may call in any justice of the peace residing in the county in which such city may be situated. Clerk of court. Sec. 563. The common council shall appoint, up- on the nomination of the mayor, a clerk for said police court. Said clerk shall keep the records of said court and the seal thereof, and perform such other duties as may be required of him by law or ordinance. He shall receive a salary of one hun- dred dollars per month. The council shall also provide a seal for said police court. Municipal Corporatioiiii Article VI.— School Department. Board of education. Sec. 570. From and after the organization of each of such cities, the same shall constitute a sep- arate school district, which shall be governed by the board of education of such city. Vacancies. Sec. 571. In case a vacancy shall occur in the office of school director, the board of education shall choose a person to fill such vacancy, who shall serve until the next election, when, if the term does not then expire, a person shall be elect- ed to serve for the remainder of such unexpired term. . lii Meetings. Sec. 572. The board of education shall meet on the second Tuesday after such general municipal election, and choose one of its members as presi- dent, and another as vice-president. Its regular meetings shall thereafter be held as often as twice in each month, and the time and place for holding such meetings shall be fixed by a rule of said board. Special meetings of said board may be held when called by written notice, signed by its president, or three of its members, and delivered personally to each of its members who shall not have signed the same. Four members shall con- stitute a quorum, and no business shall be trans- acted by said board of education without the con- currence of four of its members; but a majority of the members present at any meeting may ad- journ from time to time. All meetings of said board of education shall be public, and full records of its proceedings shall be kept by the school sup- erinroiident. who shall be ex officio clerk of said board of education. Powers of board. Sec. 573. The board of education shall have power: To maintain schools. 1. To establish and maintain public schools, and to subdivide the school districts, and to fix and al- ter the boundaries of such subdivisions. Miiuicipal Corporations, 799 Superintendent. 2. To appoint a scliool superintendent, who sball tiold office during' their pleasure, and to prescribe' his duties, and fix his compensation. Employees. .3. To employ and dismiss teachers, janitors, truant-officers, and school-census marshals, and to fix, alter, allow, and order paid their salaries or compensation; and to employ and pay such me- chanics and laborers as may be necessary to carry into effect the powers hereby conferred. Reffulation of schools. 4. To make, establish, and enforce all necessary or proper rules and rea'ulations, not in conflict with the laws of this state, for the 2:overnment and manaiiement of public schools within such city, the teachers thereof, and the pupils therein, and for carrying into effect the laws relating to educa- tion. Supplies. 5. To provide for the school department of such city fuel and lights, water, printing, and station ery, and to incur such other incidental expenses as may be deemed necessary by said board. Building and repairs. 6. To build, alter, repair, rent, and provide school-houses, and to furnish the same with proper school furniture, apparatus, and appliances, and to insure any and all school property. Eeal estate. 7. To purchase, receive, lease, and hold in fee. in trust for such city, any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and ben- efit of the schools of such city; provided, that no real estate shall be bought, sold, or exchanged, nor any expenditure incurred for the construction of new school-houses, without the approval of the common council; and provided further, that the proceeds of any such sale or exchange of real es- tate shall be exclusively applied to school pur- poses. Improvement. 8. To grade, fence, and improve all school lots. 800 Municipal Corporations. To determine moneys needed. 9. To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this pro- vision, the board of education shall, at least ten days before the meeting of the common council at which the annual city taxes are levied, submit in writing to the common council a careful esti- mate of the whole amount of money to be received from the state and county, and of the amount to be required from such city for the above-men- tioned purpose; and the amount so found to be re- quired from the city sliall, by the common council, be added to the other amounts to be assessed and collected for city purposes, and when collected, the proceeds thereof shall be immediately paid into the school fund of such city, to be drawn out only upon the order of the board of education; provided, that such annual tax shall not exceed twenty-five cents on each one hundred dollars of the assessed valuation of the real and personal property within such city. Disbursement regulations. 10. To establish regulations for the .Inst and equal disbursement of all moneys belonging to the school fund. Incumbrances. 11. To discharge all legal incumbrances existing at the time of the incorporation of such city, or thereafter, on any school property within such city. Admission of non-residents. 12. To admit non-resident children, and persons over twenty-one years of age, to any of the de- partments of the schools of such city, upon the payment, monthly, in advance, to the treasurer of such city, for the school fund, of such tuition fee as said board may establish. Age limit. 13. To prohibit any children under six years of age from attending the public schools. Grades and text-books. 14. To establish and regulate the grades of schools in such city, and the course of study, and the mode of instruction to be pursued therein, and to determine what text-bool^s shall be used. Municipal Corpomtions. 801 Other acts. 15. To do and perform, in addition to the fore- going powers, such other acts as may be neces- sary or proper to carry into effect the powers hereby conferred. Board may sue. Sec. 574. The board of education may sue and be sued by their name of office. In any action or judicial proceeding against said board, service of process upon the president, or upon a majority of the members of the board, shall be sufficient to give the court jurisdiction to hear and determine the same. County treasurer to pay over. Sec. 575. All moneys received by the treasurer of the county wherein such city may be situated, on account of the school fund of such city, or the school district consisting of the same, and all sums received into the county treasury, which may be apportioned to said city or district, shall be paid to the treasurer of such city by the treasurer of such county, as soon as received, or as soon as the apportionment shall be made, when apportionment is necessary. Powers of president. Sec. 576. The president of the board of educa- tion shall have power to administer oaths and af- tiriratiovs '•'»iic('i ninu- any demand upon the treas- ury, payable out of the school fund, and in all other matters relating to the duties of the board of education, and to witnesses examined in any in- vestigation had by such board of education, or by a committee thereof, duly appointed by it for that purpose. Same. Sec. 577. Said president may issue subpoenas under his hand and the seal of such city, attested by the city clerk, to compel the attendance of wit- nesses before such board of education, or commit- tee thereof, who shall be entitled to the same fees as witnesses in civil cases, and who may be pun- ished for contempt for non-attendance, or refusal to be sworn, or to answer, by the superior court of the county in which such city may be situated. 802 Muiiicipal Corporations. Claims. Sec. 578. Every claim payable out of the school fund shall be filed with the clerk of the board of education, and after it shall have been approved by the board, a certificate of such approval shall be indorsed thereon, signed by the president and clerk; and a warrant upon the school fund shaU be issued thereon for the payment of such claim, which warrant shall be signed by the president of such board, and countersigned by the clerk, and shall specify for what purpose the same is drawn. Entire revenue for schools. Sec. 579. The entire revenue derived by such city from the state school fund and the state school tax shall be applied by said board of education exclusively to the ^pport of primary and grammar schools. Article VII.— Miscellaneous Provisions. Moneys collected. Sec. 590. Every officer collecting or receiving any moneys belonging to or for the use of such city shall settle for the same with the clerk on the first Monday in each month, and immediately pay the same into the treasury, on the order of the clerk, for the benefit of the funds to which such moneys respectively belong. No officer to be interested in contracts. Sec. 591. No officer of such city shall be inter- ested, directly or indirectly, in any contract with such city, or with any of the officers thereof, in their official capacity, or in doing any work or fur- nishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or mate- rials furnished, in which any such officer is inter- ested, shall be void, and if audited and allowed shall not be paid by the treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. Municipal Corporations. 803 CHAPTER V. Municipal Corporations of the Fourtii Class. (Charter for cities having a population of more than 10,000 and not exceeding 15,000.) Article 1.— General Powers. Fourth class. Sec. 600. Every municipal corporation of the fourth class shall be entitled the city of — (naming it), and by such name shall have perpetual succes- sion, may sue and be sued in all courts and places, and in all proceedings whatever, and shall have and use a common seal, aind the same alter at pleasure; may purchase, receive, have, take, hold, lease, use, and enjoy property of every name or description, and control and dispose of the same for the common benefit. Article II.— General Provisions Relating to OflBcers. Officers. Sec. 601. The officers of such city shall consist of a mayor, twelve councilmen, a collector, who shall also be street commissioner, an assessor, treas- urer, city clerk, police judge, city attorney, chief of police, superintendent of public schools, and two school trustees for each ward; and whenever a free public library and reading-room is established therein, five trustees thereof; and the council may also provide for the election, by the voters of said city, or by said council, of a superintendent of irri- gation. The city council may also elect a city sur- veyor, harbor-master, pound-keeper, and city jail- er, and whenever a paid fire department shall be established in such city, a chief engineer, and one or more assistant engineers, and any other officer 804 Municipal Corporations. necessary to carry out tlie provisions of this chap- ter, and for whose election or appointment no provision is made, and may by ordinance pre- scribe the duties of all city officers, and fix their compensation, subject to the limitations herein contained. Election under this act. Sec. 602. On the first Tuesday after the first Monday of November of each odd-numbered year a municipal election shall be held, at which the qualified voters of such city shall elect one school trustee for each ward, and six councilmen, to be voted for by the wards they may respectively rep- resent, and each to hold office for the term of four years, and until the qualification of his successor; and also a mayor, an assessor, a collector and street commissioner, city attorney, police judge, chief of police, and superintendent of public schools, who shall each hold office for two years, and until the qualification of a successor; provided^ that at the first election held after the organiza- tion of such city under this act such city shall elect two school trustees for each ward, and twelve councilmen, who shall, at the first meeting of the city council and board of education, respec- tively, decide by lot their terms of office; six of said councilmen and one-half of the number of school trustees to hold for the term of four years, and the others for the term of two years, and in each case until the qualification of their succes- sors. Provisions concerning elections. Sec. G03. The city council shall call all city elec- tions, designate the time and place of holding the same, giving at least ten days' notice thereof, and shall appoint one inspector or clerk, and two judges of election, for each ward or election pre- cinct in such city, who shall appoint two clerks,. and all shall take the oath of office prescribed by law for inspectors, judges, and clerks of state and county elections. All provisions of law regulat- ing elections for state and county officers, not con- flicting herewith, shall apply to elections under this chapter. The polls for all city elections shall be open at eight o'clock A. M., and continue open un- Municipal Corporations. 805 til five o'clock P. M., the same day. If any officer so appointed shall fail to attend, those attending, with the electors assembled, shall fill their places by others from the qualified electors present. All returns of city elections shall be made out and signed by the officers of such election in the usual form, and deposited with the city clerk within two days after the election. The persons having the plurality of the votes cast for each of the re- spective offices voted for shall be declared elected. No person shall vote at any city election unless he shall be an elector for state and county officers, and shall have actually resided within such city, and in the precinct where he may offer to vote, thirty days preceding such election; provided, that any elector who may remove from one precinct to another within thirty days prior to such election may, if a qualified voter therein at the time of re- moval, vote in the precinct from which he may have moved. If any person not having the legal qualifications of an elector at any city election shall fraudulently vote, or attempt to vote, or knowingly hand in two or more ballots folded to- gether, or shall vote, or attempt to vote, more than once at the same election, such person or persons, on conviction thereof, shall be fined in any sum not less than twenty nor more than five hundred dol- lars, or be imprisoned in the county jail for any period not more than three months, or may be pun- ished by both such fine and imprisonment. City council to canvass vote. Sec. 604. On the Monday following the election, the city council shall convene and publicly canvass the result, and shall issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of votes for any one of the offices voted for, the city council shall thereafter, at its first regular meeting, decide by vote between the parties which shall be elected. If the city council from any cause fail to meet on the day named, the mayor shall call a special meeting of said council within five days thereafter, and in ad- dition to the notice provided for calling special Gen. Laws— 68 806 Municipal Corporations. meetings, shall publish the same on two succes- sive days in some newspaper published in such city. If the mayor fail to call said meeting within said five days, any four councilmen may call it. At such special meeting all elections, appoint- ments, or other business may be transacted that could have been on the day first herein named. Office, when vacant. Sec. 605. Each officer of such city shall take the oath of office, and such as may be required to give bond, file the same, duly approved, within ton days after receiving notice of his election or ap- pointment, or if no notice be received, then on or before the date fixed for the assumption by him of the duties of the office to which he may have been elected or appointed; but if any one, either elected or appointed to office, fail for ten days to qualify as required by law or to enter upon his duties at the time fixed by law or the orders of the ci+y council, then such office shall become vacant; or if any such officer shall absent himself from such city continuously for ten days without the consent of the city council, or shall openly neglect or refuse to discharge his duties, such office may be by the city council declared vacant; provided, that the penalty for absence from the city shall not apply to such officers as serve without salary or other compen- sation. Such officers as are elected by the voters of the city shall enter upon their duties on the first Monday of January next succeeding the date of their election; such officers as are appointed or elected by the city council shall enter upon their duties within ten days after receiving notice of their appointment or election. Unexpired term. Sec. 606. When any vacancy occurs in any elec- tive office, except the mayor, the city council may fill the same for the unexpired term, except in case of city councilmen, or school trustees, wJiich shall be filled until the next city election, and until the qualification of a successor. The city council may, upon written charges to be entered ui)oii their .iournal, after notice to the party, and after trial, by a vote of two-thirds of all the members elect, remove any officer. Municipal Corporations. 807 Official bonds. Sec. 607. It shall be the duty of the city council to provide for the accountability of the city asses- sor, treasurer, clerk, police judge, collector, and street commissioner, city attorney, and all other officers herein provided for, by requiring from them sufficient security for the faithful performance of their duties or trusts, which security shall be given by them before entering on their respective duties. If such security should be or become in- sufficient, additional security may be required, and if not given within ten days, the council, by a vote of two thirds of the members, may declare the of- fice vacant, and may thereafter fill the same. Compensation, Sec. 608. The mayor, councilmen, and school trustees shall not receive any salary or compen- sation for their services; provided, that members of the city council, or a committee thereof for that purpose appointed, may receive for their ser- vices, while acting as a board of equalization, a sum to be determined by the council, not to ex- ceed for each one five dollars per day, for each day while actually so engaged, for two weeks in each year, and no longer. Street commissioner. Sec. 609. The collector and street commissioner shall receive a salary, to be fixed by the city coun- cil, which shall not exceed the sum of fifteen hun- dred dollars per annum. No additional compensation. Sec. 610. The city council shall have no power to allow any extra or additional compensation to that in this chapter expressly authorized to any officer for the rendition of services that the city council have power to require the officer to per- foi-m by virtue of his office. Ward division. Sec. 611. In case any such city shall, at the time of its organization under this act, be divided into wards, such divisions shall continue, but the city council may, at any time not within three months previous to an annual city election, change the boundaries of such wards, or divide it into others, not exceeding six in number; provided, that such SOS Municipal Corporations. change shall not affect the term of office of any ix hundred and twenty-two of this act, both in the police court and on appeal therefrom to the su- perior court, but the district attorney shall at- tend and conduct all proceedings of the nature of a preliminary examination before said police court. Incarceration. Sec. 696. In all cases when the police court is authorized to impose a fine or imprisonment, or both, upon persons convicted in said court oi' any offense triable tlierein, the said court maj^ sen- tence the offender to be imprisoned in the city jail, if there be one established by the city coun- cil, if not, then until said council shall designate and establish a city jail or prison, may sentence offenders to be imprisoned in the county jail, and in addition to imprisonment, may sentence offend- ers to be employed to labor in the city, under the direct)«m ot Uie chief of police, and in the manner prescribed by ordinance, for the benefit of the city, Municipal Corporations. 837 during- such time of imprisonment, and may. in ' ^sinu- a tine, embrace as a part of the sentence that, in default of the payment of such fine, the defendant shall be imprisoned and requir- ed to labor for the benefit of the city as before provided ,at the rate of two dollars a day, till such fine is satisfied. Offenders required to labor un- der the direction of the chief of police shall, until the establishment of a city jail, be returned to the county jail at the end of each day's labor dur ing their term of imprisonment, until a city jail shall be by the city council established. It is here by made the duty of the officer having the con- trol or charge of the county jail of the county wherein such city is situated, to receive and safe- ly keep all persons imprisoned by any judgment or order of the police court, in accordance with the order of commitment, and to allow those to be removed from the jail under the charge of the chief of police, Avho are required to labor for the benefit of the city, or whom the police judge may order brought forth for trial, and the keeper of the jail shall in no way be responsible for the safe- keeping of such prisoners while so under the charge of the chief of police. Seal. Sec. 697. The court shall have a seal, to be pro vided by the city, and certified transcripts of the police judge's docket and the seal of his court shall be evidence in any court of the state of the contents of the docket; and all warrants, and oth- er processes issued out of said court, and all acts done by said police judge under its seal, shall have the same force and validity, in any part of this state, as though issued or done by any court of record of this state. Judge's report. Sec. 698. The police judge shall, on the last Saturday of each month, make to the city council a full report of all the cases tried in his court for that month, in which the city may be interested, and at the same time shall pay into the city treas- ury all fines and other moneys collected on be- half of the city for such month. 83S Municipal Corporations. Salaries. Sec. 699. The city council of such city shall al- low to the police judge an annual salary which shall not exceed the sum of fifteen hundred dol- lars, and to the chief of police and the several policemen of such city each a salary which shall be fixed by said council. The salaries of the po- lice judge, and chief of police and policemen shall be paid from time to time as other city officers and as the council may determine. The chief of po- lice, or any policeman of such city, is hereby authorized and empowered to serve, execute, and return any and all warrants of arrest, and all pro- cesses directed to him by the police judge of said city, and to arrest all persons accused or guilty of the violation of any city ordinance, or of any public offense, and to do and perform all acts and duties which, in criminal cases, any constable of the county may lawfully do, and receive like fees for such services; provided, the city council may, in their discretion, deduct the amount so received, for fees from the monthly salary of such officers, or order the same paid into the city treasury for the use and benefit of the city, as received by said officers respectively; provided, that nothing in this charter shall be construed as authorizing or enti- tling such officers to charge or receive from such city, or the county wherein situated, any fees or costs in any case whatever, nor shall such city or county be liable to pay any fees, or costs to such officers for any service they may render in any ac- tion or proceeding, either civil or criminal. The chief of police shall attend the session of the police court when required, supervise and direct the po- lice force of the city, and perform such other du- ties as may be required by the city council apper- taining to the government of the city or the man- agement of its affairs, not especially devolved up- on some other officer named in this chapter; and the chief of police, or any policeman, at his dis- cretion, shall serve all notices by this chapter pro- vided to be served, in which the city is in any way interested, and the return of the officer serv- ing shall be evidence of the facts in such return stated, but none of such officers shall serve or exe- cute any civil process, except as provided in this chapter. Municipal Corporations. 839 Powers of justices. Sec. 700. The justices of the peace in an'l for the township embracing such city shall have the same powers as the same officers in any justice's court of the county, and shall have and may ex- ercise like powers and authority; provided, how- ever, that no justice of the peace in sucli city shall have power to conduct or try and decide ^any proceedings or cases of the classes mentioned in section six hundred and twenty-two of this act; but nothing in this section shall be construed to prevent any of the justices in said city from act- ing as police judge. Interested party not disqualified. Sec. 701. The interest which any inhabitant of such city may have in a penalty for the breach of a by-law or ordinance of such city shall not dis- qualify said inhabitant to act as judge, juror, or witness in any prosecution to recover the penalty. Article VII.— School Department. Board. Sec. 710. The board of education of sucli city shall be elected as in this chapter provided, and shall consist of one superintendent and two trus- tees from each ward in the city. Superintendent. Sec. 711. The superintendent shall be ex officio secretary of the board of education, and shall re- ceive for his services a salary which shall not exceed eighteen hundred dollars per annum, lie shall report to the city council, annually, en or be- fore the first Monday in January, and at such other times as they may require, all matters per- taining to the expenditures, income, condition, and ;. ogitNs oi I lie public schools of the city during the preceding year, together with such accommo- dations as he may deem proper, and shall, at the regular meeting of the board of education in June of each year, submit to the board a detailed state- ment of the amount, as near as may be ascertain- ed, of fuel, blanks, blank-books, apparatus, sta- 840 Municipal Corporations. tion.ory. and such other articles, materials, or sup- plies, including books for indigent children, as may be necessary for the use of the city schools and the board for one year following. He shall havM power to administer oaths and afflrmations concerning any demand upon the treasury pay- able oul of the school fund, or other matters re- lating to his official duties. [Amendment approv- ed March 14, 18S5. In force from and after its passage.] Advei'tisement for supplies. Sec. 712. The board of education shall, upon the receipt of the statement from the superintendent as in the pKCf oing section provided, advertise for the space of five successive days in som<» news- paper published in such city, for sealed proposals for furnishing the articles in said statement speci- fied. Said advertisement shall designate a day after the expiration of the publication aforesaid when said proposals will be considered, at which time the board or a committee thereof by the board for such purpose designated, shall meet and publicly open and declare the proposals received and shall thereupon award the contract therefor to the lowest responsible bidder or bidders, in each case; provided, that all bids may be reiect- ed it' deemed too high. Said board may, in their discretion, require a good and sufficient bond with two or more sureties, to be filed by each bidder, in the sum of two hundred dollars, conditioned for the fulfillment of his proposal in case of the ac- ceptance thereof. Powers of board. Sec. 713. Subject to and in accordance with the directions and provisions of this chapter, the board of education shall have full power: Establish schools. 1. To estabMsh and maintain public schools, in- cluding high schools, and fix and alter the bound- aries of the district thereof. Employees. 2. To employ and dismiss teachers, janitors, and other necessary help, and to fix, alter, allow, and order paid their salaries or compensation, and to employ and pay such mechanics and laborers as Municipal Corporations. 841 may be necessary to carry into effect the powers and duties of tlie board, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons era- ployed as aforesaid. Regulation of schools. 3. To make, establish, and enforce all necessary and proper rules and regulations not contrary to law, for the government and progress of the pub- lic schools within the city, the pupils therein and the teachers thereof, and for carrying into effect the laws relating to education; also; to estnblish and regulate the grade of schools, and determine what course of study and mode of instruction shall be used in said schools. Building and repairs. 4. To build, alter, repair, rent, and provide school-houses, and the same furnish with lights, water, proper school furniture, apparatus, and school appliances, and to insure any and all school property. Real estate. 5. To receive, purchase, lease, and hold in fee, in trust for such city, any and all real estate; and to hold in trust any personal property that may have been or may hereafter be acquired for the use and benefit of the public schools of such city. Improvements. 6. To grade, fence, and improve school lots, and in front thereof to grade, sewer, plank, or pave and repave, and to construct and repair sidewalks. Legal privileges. 7. To sue for any and all lots, lands, and prop- erty belonging to or claimed by the said school de- partment, and to prosecute and defend all actions at law or in equity necessary to recover and main- tain the full enjoyment and possession of said lots, lands, and property, and to employ and pay coun- sel in such cases. To determine amount of money needed. 8. To determine annually the amount of taxa- tion, not exceeding thirty-five cents on each one hundred dollars valuation on the assessment roll, to be raised upon the real and personal property Gen. Laws — 71. 842 Municipal Corporations. within the city not exempt from taxation, for the establishment and support of free public schools therein; and for carrying into effect all the pro- visions of law regarding public schools, and the amount so determined by said board of education shall be reported in writing to the city council on or before the first Monday of April of each year; and the said city council are hereby authorized and required to levy and cause to be collected, at the time and in the manner of levying other city taxes, the amount of taxation so determined and reported to them by the said board of education, as school tax, upon all taxable property in the city and said tax shall be in addition to all other amounts levied for city purposes. Disbursements. 9. To establish regulations for the .just and equal disbursement of all moneys belonging to the "public-school fund." Demands. 10. To examine and allow, in whole or in part, every demand payable out of the school fund, or to reject any such demand for good cause, of which the board shall be sole judge. Incumbrances. 11. To discharge all legal incumbrances now ex- isting, or which may hereafter exist, upon any school property. Age limit. 12. To prohibit any child under six years of Rge from attending the public schools. Other acts. 18. And generally to do and perform such other acts as may be necessary and proper to '^ar- ry into force and effect the powers conferred on said board. Fund not to be diverted. 14. To use and apply the school fund of the city for the purposes in this section heretofore named, and for no other purpose whatever. Non-residents. 15. To admit non-resident children to any of the departments of the schools of such city upon the payment, at such times as said board may di- rect, of tuition fee, to be fixed by said board. Municipal Corporations. 843 Board of examination. Sec. 714. No teacher shall be employed in any of the public schools of such city without having a certificate of the proper grade, issued under the provisions of this chapter. For the purpose of granting certificates required, the board of edu- cation, either as a body or by a board' of examin- ation appointed by said board of education, and of which the superintendent shall be president, shall hold examinations of teachers. No certificate shall be issued except to a person who shall have passed a satisfactory examination in such branches as the board may require, and shall have given evi- dence of good mora? character, ability, and fitness to teach. Examinations of teachers must be held semi-annually, at such times as the board may de- termine. Revocation and renewal. Sec. 715. The board may, in its discretion, re- new witliout re-examination the certificate of any person so employed. It shall have power to re- voke the certificate of any teacher upon evidence of immoral or unprofessional conduct or incompe- tency, and shall always have the power to dis- miss any and all teachers, and to alter the amount of salary or compensation paid to either or any of them. The board of education may also, with- out examination, grant certificates and fix the grade thereof to the holders of life diplomas, state educational diplomas, normal-school diplomas, state university diplomas, and to the holders of sucli state and county certificates as were in full force and effect on the first day of January, eigh- teen hundred and eighty. Board must visit. Sec. 716. It shall be the duty of the board of education to visit and examine each school at least once each and every month; to observe, an^ cause to be observed, such general rules for the regulation and government and instruction of the schools, not inconsistent with the laws of the state, as may be established by the board. School fund, how constituted and applied. Sec. 717. The public-school fund of such city shall consist of all moneys received from the state 844 Municipal Corporations. and county school fund; of all moneys arising from taxes which shall be levied by the city coun- cil for school i)urposes; of all moneys arising from the sale, rent, or exchange of school property; and of such other moneys as may from any source whatever be paid into said school fund; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. No fees or commission shall be allowed or paid for assessing, collecting, keeping, or disbursing of school moneys; and if at the end of the fiscal year any suitdIus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal year, and no part of the school fund shall be for any purpose or in any manner . whatever diverted or withdrawn from said fund, except as in this chapter pro- vided. Approval of claims. Sec. 718. All claims payable out of the school fund shall be filed with the secretary of the board, and shall be approved by a majority of all the members of the board, and certificate of such ap- proval shall be indorsed thereon; whereupon the secretary of said board shall draw a warrant up- on the city treasurer for the payment thereof, which warrant shall be countersigned by the su- perintendent. All demands for salaries of teach- ers and compensation of janitors shall be payable monthly in the same manner without presentation of claims therefor. Payment of demands. Sec. 719. All demands authorized by this arti- cle, and by the board approved as aforesaid, shall be paid by the city treasurer from the school fund upon the presentation of the warrants therefor; provided, that the board of education shall not, without the consent of the city council first had, have power to create any debts or liability in any one year to exceed the actual revenue or avail- able means in the city treasury under the control of the board, and justly applicable for school pur- poses for such year. Municipal Corporations. 845 CHAPTER VI. Municipal Corporations of the Fifth Class. (A charter for cities having a population of more than 3,000 and not exceeding 10,000.) Article I.— General Powers. Fifth class. Sec. 750. Every municipal corporation of the fifth class shall he entitled the city of (nam- ing it), and by such name shall have perpetual suc- cession, may sue and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal; alterable at the pleasure of the city authorities, and may pur- chase, lease, receive, hold, and enjoy real and per- sonal property, and control and dispose of the same for the common benefit. Article II.— General Provisions Relating to Officers. Officers. Sec. 751. The government of said city shall be vested in a board of trustees, to consist of five m.embers; a board of education, to consist of five members; and whenever a free public library and reading-room is established therein, five trustees thereof; a recorder, a treasurer, a city attorney, a clerk, a marshal, an assessor, and such subordi- nate officers as are hereinafter provided for. Election and terms of office. Sec. 752. The members of the board of trustees, and of the board of education, and the city clerk, city attorney, assessor, marshal, treasurer, and recorder shall be elected by the qualified electors of said city, at a general municipal election, to be held therein on the second Monday in April in each odd-numbered year. The city clerk, city at- torney, assessor, marshal, treasurer, and recorder 846 Municipal Corporations. shall hold office for the period of two years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified. Members of the board of trustees and of the board of education shall hold office for the period of four years from and after the Monday next succeeding the day of such elec- tion, find until their successors are elected and qualified; provided that the first board of trustees and board of education elected under the proTi- sions of this act shall, at their first meeting, so classify themselves, by lot, as that three of their members shall go out of office at the expiration of two years, and two at the expiration of four years. The board of trustees may, in their discre- tion, appoint a pouudmaster, also a superintend- ent ot streets and a city engineer, all of whom .shall hold office during the pleasure of the boara. [Amendment, approved March 26, 1895; Stats. 1895, chap. clii. In effect immediately.] Official bonds. Sec. 75.3. The clerk, treasurer, city attorney, and marshal shall, respectively, before entering upon the duties of their respective offices, each execute a bond to such city in such penal sura as the board of trustees by ordinance may determine, condi- tioned for the faithful performance of his duties, including in the same bond the duties of all of- fices of which he is made by this chapter ex of- ficio incumbent. Sucli bonds shall be approved by the board of trustees, All bonds, when approv- ed, shall be filed with the clerk, except the bond of the clerk, which shall be filed with the president of the board of trustees. All the provisions of any law of this state relating to the official bonds of officers shall apply to such bonds except as herein otherwise provided. Every officer of such city, before entering upon the duties of his office, shall take and file with the clerk the constitutional oath of office. Vacancies. Sec. 754. Any vacancy occurring in any of the offices provided for in this act shall be filled by appointment by the board of trustees; but if such office be elective, such appointee shall hold office Municipal Corijorations. 847 only until the next regular election, at which time a person shall be elected to serve for the remain-, der of such unexpired term. In case a member of the board of trustees is absent from the city for the period of ninety days, unless by permission of the board of trustees, his office shall by the board be declared vacant, and the same filled as in case of other vacancies. Compensation. Sec. 755, The members of the board of trustees shall receive no compensation whatever, except while acting- as a board of equalization. The treasurer, assessor, marshal, clerk, and recorder shall severally receive at stated times, a compen- sation to be fixed by ordinance, by the board of trustees, .which compensation shall not be increas- ed or diminished after their election, or daiinj? their several terms of office. Nothing herein con- tained shall be construed to prevent the board of trustees from fixing such several amounts of com- pensation, in the first instance, during the term of office of any such officer, or after his election. The compensation of all other officers shall be fixed from time to time by the board of trustees. [Amendment approved March 19, 1889; Stats. 1889, p. 389. In effect immediately.] Election regulations. Sec. 75G. All elections in such city shall be held in accordance with the general election laws of the state, so far as the same may be made appli- cable, and no person shall be entitled to vote at such election unless he shall be a qualified elector of the county, enrolled upon the great register thereof, and shall have resided in such city for at least thirty daj's next preceding such election. The board of trustees shall give such notice of each election as may be prescribed by ordinance, shall appoint boards of election, and fix their com- pensation, and establish election precincts and polling-places, and may change the same; provid- ed, that no part of any ward less than the whole thereof shall be attached to any other ward, or part thereof, in forming election precincts. At any municipal election the last printed great reg- ister of the county shall be used, and any elector 848 Municipal Corporations. whose name is not upon sucli printed register shall be entitled to vote, upon producing and fil- ing with the board of election a certificate, under the hand and official seal of the county clerk, showing that his name is registered and uncan- celed upon the great register of such county, pro- vided that he is otherwise entitled to vote. Eligibility to office. Sec. 757. No person shall be eligible to hold any office in such city, whether filled by election, or appointment, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election or appointment. Free library. Sec. 758. The trustees of any free public library created or existing in such city under the provis- ions of an act entitled "An act to establish free public libraries and reading-rooms," approved April twenty-sixth, eighteen hundred and eighty, shall be elected by the qualified electors of said city, at a general municipal election to be held therein on the second Monday in April next suc- ceeding the passage and approval of this act, and shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elect- ed and qualified. In case a vacancy shall occur in the office of trustee of such free public library and reading-room, the board of trustees of said free public library and reading-room shall choose a person to fill such vacancy, who shall serve un- til the next general municipal election, when, if the term does not then expire, a person shall be elected to serve for the remainder of such unex- pired term. [Amendment approved April 1, 1897; Stats. 181)7, chap, cclvii. In effect immediately.] Municipal Corporations. 849 Article III.— I^egislative Department. Board of trustees. Sec. 760. Tlie board of trustees shall meet on the Monday next succeeding: the date of said gen- eral municipal election, shall take the oath oi" of- fice, shall choose one of their number president, and shall hold regular meetings at least once in each month, at such times as they shall fix by or- dinance. Special meetings may be called at any time by the president of the board or by three trustees, by written notice delivered to each mem- ber at least three hours before the time specified for the purposed meeting. All meetings of the board of trustees shall be held within the corpo- rate limits of the city, at such place as may be designated by ordinance, and shall be public. Meetings. Sec. 761. At any meeting of the board of trus- tees, a majority of the trustees shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be pre- scribed by ordinance. The president of the board shall preside at all meetings of the board, and in case of his absence, the board may appoint a president pro tem.; and in case of the absence of the clerk, the president or president pro tem. shall appoint one of the members of the board clerk pro tem. Rules. Sec. 762. The board of trustees shall judge of the qualifications of its members and of all elec- tion returns, and determine contested elections of all city officers. They may establish rules for the conduct of their proceedings, and punish any member, or other person, for disorderly behavior at any meeting. They shall cause the clerk to keep a correct journal of all their proceedings, and, at the desire of any member, shall cause the ayes and noes to be taken on any question, and en- tered on the journal. 850 Municipal Corporations. Limitation on passage of ordinances. Sec. 703. No resolution granting any fran- chise, and no ordinance for any purpose, shall be passed by the board of trustees on the day of its introduction, nor within five days thereafter, nor at any other than a regular meeting, or an ad- journed regular meeting, and no such resolution and no ordinance granting any franchise shall be passed without being first submitted to the city attorney. No resolution or order for the pay- ment of money shall be passed at any other than a regular meeting, or an adjourned regular meet- ing, and no resolution or order for the payment of money, no resolution granting a franchise, and no ordinance for any purpose, shall have any val- idity or effect unless passed by the affirmative vote of at least three trustees, [Amendment ap proved March 19, 1889; Stats, 1889, p, 389, In ef- fect immediately, r Sec, 764. The board of trustees of such city shall have power: 1, To pass ordinances not in conflict with the constitution and laws of this state, or of the Unit- ed States. City real estate. 2, To purchase, lease, or receive such real es- tate and personal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey any portion of any water front; but may rent such water front for a term not exceeding ten years for the purposes of erect- ing bath-houses thereon. Light and water, 3, To contract for supplying the city with wa- ter and electric or other lights for municipal pur«. poses; to purchase, lease, or construct waterworks, and electric plant, and all machinery, conductors and appliances necessary therefor, and to supply said city with, and to sell to the inhabitants there- of, water, light, heat, and power; provided, that in all cases where the estimated total value or- price of the waterworiss or electric plant sought to be purchased, constructed, or leased, together Municipal Corporations. 851 witli all machinery, appliances, and appurtenances necessaiT therefor, shall not exceed the sum of ten thousand dollars; no such purchase or lease shall be made unless the question of acquirin.i> such property is submitted to the voters of such city, in the same manner as other propositions, at a .general or special municipal election, and a ma- jority of the. electors, voting at such election, shall vote in favor of such proposition. Public highways. 4. To establish, build, and repair bridges; to establish, lay out, alter, l^eep open, open, improve, and repair streets, sidewalks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, and light the same; to re- move all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, grav- el, and curb the same in whole or in part, and to construct gutters, culverts, sidewalks, and cross- walks therein, or upon any part thereof; to cause to be planted, set out, and cultivated shade trees therein; and generally to manage and control all such highways and places. Sewers. 5. To establish, construct, and maintain drains and sewers. Fire extinguishment. 6. To provide fire engines and all other neces- sary or proper apparatus for the prevention and extinguishment of fires. Poll-tax. 7. To impose on and collect from every male inhabitant between the ages of twenty-one and sixty years an annual street poll tax, not exceed- ing two dollars, and no other road poll tax shall be collected within the limits of such city; pro- vided, that any member of the volunteer fire com- pany in such city shall be exempt from such tax. Dog tax. 8. To impose and collect an annual license, not exceeding two dollars, on every dog owned or har- bored within the limits of the city. Property tax. 9. To levy and collect, annually, a property tax, which shall be apportioned as follows: For the 852 Municipal Corporations. general fund, not exceeding sixty cents on each one hundred dollars; for street fund, not exceed- ing tliirty cents on each one hundred dollars; for school fund, not exceeding twenty cents on each one hundred dollars; for sewer fund, not exceed- ing ten cents on each one hundred dollars. The levy for all purposes for any one year for all pur- poses to which such funds are applicable shall not exceed one dollar on each one hundred dollars of the assessed value of all real and personal prop- erty within such city. Liquor tax. 10. To license, for purposes of regulation and revenue, all and every kind of business, including the sale of intoxicating liquors, authorized by law and transacted or carried on in such city, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license upon the same, and to provide for the collection of the same by suit or otherwise. River improvement. 11. To improve the rivers and streams flowing through such city, or adjoining the same; to wid- en, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the water front of the city, and to construct and maintain embankments and other works to pro- tect such city from overflow. Municipal buildings. 12. To erect and maintain buildings for ma- nicipal purposes. Tracks and pipes. 13. To permit under such restrictions as they may deem proper, the laying of railroad tracks and running of cars drawn by horses, steam, elec- tricity, or other power thereon, and the laying of gas or water pipes in the public streets, and to construct and maintain, and to permit the con- struction and maintenance of, telegraph, tele- phone, and electric ligJ't lines therein. Ward division. 14. In its discretion to divide the city, by ordi- nance, into a convenient number of wards, not exceeding five, to fix the boundaries thereof, and to change the same from time to time; provided. Municipal Corporations. 853 that no change in the boundaries of any ward shall be made within sixty days next before the date of said general municipal election, nor Avith- in twenty months after the same shall have been established or altered. Whenever such city shall be so divided into wards the board of trustees shall designate by ordinance the number of trus- tees to be elected from each ward, apportioning the same in proportion to the population of such ward; and thereafter the trustees so designated shall be elected by the qualified electors resident in such ward, or by the general vote of the whole city, as may be designated in such ordinance. Policemen. 15. To appoint and remove such policemen and such other subordinate officers as they may deem proper, and to fix their duties and compensation. Violation of ordinances. 16. To impose fines, penalties and forfeitures for any and all violation of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed three hundred dollars, nor the term of such imprisonment exceed three months. Prison labor. 17. To cause all persons imprisoned for viola- tion of any ordinance to labor on the streets, or other property, or works within the city. Fire limits. 18. To establish the fire limits with proper reg- ulations. Other acts. 19. To do and perform any and all other acts and things necessary and proper to carry out the provisions of this chapter, and to exact and en force within the limits of such city all other local, police, sanitary, and other regulations as do not conflict with general laws. [Amendment approved March 27, 1897; Stats. 1897, chap, cxxxvi. In ef- fect immediately.] Enacting clause. Sec. 765. The enacting clause of all ordinances shall be as follows: "The board of trustees of the Gen. Law? — 72. 854 Municipal Corporations. city of do ordain as follows." Every ordl nance shall be signed by the president of the board of trustees, attested by the clerk, and published at least once in a newspaper published in such city, or printed and posted in at least three public places therein. It shall not be necessary in any action, civil or criminal, to plead or prove the organization or existence of such corporation, nor the passage, existence, or validity of any ordi- nance thereof; and courts shall take judicial cogni- zance thereof without proof. [Amendment ap- proved March 19, 1889; Stats. 1889, p. 389. In ef- fect immediately.] Board to audit demands. Sec. 766. All demands against such city, except as otherwise by law provided, shall be presented to and audited by the board of trustees, in accord- ance with such regulations as they may by ordi- nance prescribe; and upon the allowance of any such demand, the president of the board shall draw a warrant upon the treasurer for the same, which warrant will be countersigned by the clerk, and shall specify for what purpose the same is drawn, and out of what fund it is to be paid. [Amendment approved March 19, 1889; Stats. 1889, p. 389. In effect immediately.] Indebtedness not to exceed moneys provided. Sec. 767. Tiie board of trustees shall not create, audit, allow, or permit to accrue any debt or lia- bility in excess of the available money in the treas- ury that may be legally apportioned and appro- priated for such purposes, except in the manner provided by law for incurring indebtedness; pro- vided, that any city during the first year of its ex- istence under this act may incur such indebted- ness or liability as may be necessary, not exceed- ing in all the income and revenue provided for it for such year; nor shall any warrant be drawn, or evidence of indebtedness be issued, unless there be at the time sufficient money in the treasury legally applicable to the payment of the same, ex cept as hereinbefore provided. [Amendment ap- proved March 19, 1889; Stats. 1889, p. 389. In ef- fect immediately.] Municipal Corporations. 855 Incurring of excess decided at an election. Sec. 708. If at any time the board of trustees shall deem it 'necessary to incur any indebtedness in excess of the money in the treasury applicable to the purposes for which such indebtedness is to sbe incurred, tliey shall .uive notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred; the purpose or purposes if the question of indebted- ness for more than one purpose be proposed of the same, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund as hereinafter provided; provided, that such interest shall not be in excess of seven per cent per annum. Such notice shall be publish- ed for at least two weeks in some newspaper pub- lished in such city, and no other question or mat- ter shall be submitted to the electors at such elec- tion. If, upon the canvass of the votes cast at such election, it appears that not less than two thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be tlie duty of the board of trustees to pass an ordinance providing for the mode of creating such indebtedness and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city, sufficient to pay the in- terest on such indebtedness as it falls due; and also, to constitute a sinking fund for the payment of the principal thereof within a period of not more than twenty years from the time of contract- ing of the same. It shall be tlie duty of the board of trustees, in each year thereafter, at the time at which taxes are levied, to levy a tax sufficient for such purposes in addition to the taxes by this chapter authorized to be levied. Such tax when collected shall be kept in the treasury as a separ- ate fund, or funds, in case indebtedness be in- curred for different purposes, to be inviolably ap- propriated to the payment of the principal and in- terest of such indebtedness. [Amendment ap- 856 Municipal Corporations. proved March 19, 1889; Stats. 1889, p. 371. In ef- fect immediately.] At the same session there was another amend- m.ent of section 768, as follows: Incurring of indebtedness to be decided at an elec- tion. Sec. 768. If at any time the board of trustees shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purposes for which such indebtedness is to be incurred, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the pur- pose or purposes (if the question of indebtedness for more than one purpose be proposed) of the same, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund for each purpose, as hereinafter pro- vided. Such notice shall be published for at least two weeks in some newspaper published and cir- culated in such city; and no other question or mat- ter shall be submitted to the electors at such elec- tion. If, upon a canvass of the votes cast at such election, it appears that not less than two thirds of all the qualified electors voting at such election, or if more than one proposition is submitted, vot- ing on such proposition, shall have voted in favor of incurring such indebtedness, it shall be the duty of the board of trustees to pass an ordinance pro- viding for the work of creating such indebtedness and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city, suf- ficient to pay the interest on such indebtedness as it falls due; and also to constitute a sinlving fund for the payment of the principal thereof within a period of not more than twenty years from the time of contracting the same. It shall be the duty of tlie board of trustees in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such purposes in addition to the taxes by this chapter authorized to be levied. Municipal Corporations. 857 Such tax, when collected, shall be kept in the treasury as a separate fund, or funded if indebt- edness be incurred for different purposes, to be in- violably appropriated to the payment of the prin- cipal and interest of such indebtedness. [Amend- ment api^rov.^d March 19. 1889; Stats. 1889 ,p. 397. In effect immediately.] Imprisonment. Sec. 769. The violation of any ordinance of such city shall be deemed a misdemeanor, and may be prosecuted in the name of the people of the state of California. Any person sentenced to imprison- ment for the violation of any ordinance may be imprisoned in the city jail, or, if the board of trus- tees sliall by ordinance so prescribe, in tlie county jail of the county in which such city may be situ- ated; in which case the expense of such imprison- ment shall be a charge in favor of such county against such city. [Amendment approved March 19, 1889; Stats. 1889, p. 389. In effect immediate- ly.] Nuisances. Sec. 770. Every act or thing done or being within the limits of such city, which is or may be declared by law or by any ordinance of such city to be a nuisance, shall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may be given by law for the prevention and abatement of nuisances shall apply thereto. Repairs assessed on fronting property. Sec. 771. The board of trustees are hereby au- thorized and empowered to order any work au- thorized by this chapter to be done upon the streets, avenues, highways, and public places of such city. The cost and expense incurred there- for shall be paid as follows, to wit: the expense or cost of improving and repairing streets, sidewalks, alleys, squares, and other public highways and places within the city, removing obstructions there- from, grading, paving, macadamizing, graveling, and curbing the same, and constructing gutters, culverts, and sidewalks therein, shall be assessed upon the lots and lands fronting thereon, each lot 858 Municipal Corporations. or portion of a lot being separately assessed for the full debt thereof in proportion to the benefits upon the property to be benefited, sufficient to cov- er the total expense of the work to the center of the street on which it fronts; provided, that the board of trustees may expend from the general fund for said purposes a sum not exceeding one hundred dollars on any one street in any one year. The ex- pense of all improvements in the space formed by the junction of two or more streets, or where one main street terminates in or crosses another main street, and also all necessary street-crossings, or crossways at corners or intersection of streets, and the expense of establishing, building, and repairing bridges in such city, shall be paid by such city. The expense incui'ied in maliing and repairing sewers in any streets shall be paid, one-fourth by tli(^ owner of the lands on one side of said street, one-fourth by the owner of the land on the other side of said streets, and one-half by the city out of the sewer fund. In all the streets constituting the water-front of such city, or bounded on the one side by the property thereof, the expense of work done on that portion of said streets, from the cen- ter line thereof to the said water-front, or to such property of the city bounded thereon, shall be paid for by such city; but no contract for any such work shall be given, except to the lowest re- sponsible bidder, and in the manner hereinafter provided. When any work or improvements men- tioned in this section is done or made on one side of the center line of said streets, avenues, or pub- lic highways, the lots or portions of lots fronting on that side only shall be assessed to cover the ex- penses of said work, according to the provisions of this chapter. Whenever any expenses or cost of work shall have been assessed on any lands, the amount of said expenses shall become a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in ac- cordance with the provisions of the Code of Civil procedure. Said suit shall be in the name of the city of (naming it), as plaintiff. Upon the filing of a complaint in the superior court to enforce a lien of any kind hereon, the plaintiff shall be entitled, if a recovery is had or the money is paid, to in- Municipal Corporations. 859 clnde as costs the sum of twenty-five dollars aa attorney's fees. Rij-ht of way. Sec. 772. Whenever it shall become necessary for the city to take or damage private property for the purpose of establishing, laying out, extending, and widening streets and other public highways and places within the city, or for the purpose of rights of way for drains, sewers, and aqueducts, and for the purpose of widening, straightening, or diverting the channels of streams, and the im- provements of water-fronts, and the board of trus- tees cannot agree with the owner thereof as to the price to be paid, the trustees may direct proceed- ings to be taken under section twelve hundred and thirty-seven, and following sections, to and includ- ing section twelve hundred and sixty-three of the Code of Civil Procedure, to procure the same. City tax levy. Sec. 773. The board of trustees shall have the poAver, and it shall be their duty, to provide by or- dinance a system for the assessment, levy, and col- lection of all city taxes not inconsistent with the provisions of this chapter, which system shall con- form, as nearly as the circumstances of the case may permit, to the provisions of the laws of this state in reference to assessment, levy, and collec- tion of state and county taxes, except as to the time for such assessment levy, and collection, and except as to the officers by whom such duties are to be performed. All taxes shall be collected by the marshal or treasurer, as may be determined by the board of trustees by ordinance. All taxes assessed, together with any percentage imposed for delinquency and the costs of collection, sliall con- stitute liens on the property assessed; every tax upon the personal property shall be a lien upon the real property of the owner thereof. The liens pro- vided for in this section shall attach as of the first Monday in March in each year, and may be en- forced by a sale of the real property affected, and the execution and delivery of all necessary certifi- cates and deeds therefor, under such regulations as may be prescribed by ordinance, or by action 860 Municipal Corporations. in any court of competent jurisdiction to foreclose such liens; provided, that any property sold for such taxes shall be subject to redemption within the time and in the manner and upon the terms provided or that may hereafter be provided by law for the redemption of property sold for state taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and ef- fect in evidence as is or may hereafter be provided by law for deeds for property sold for non-pay- ment of state taxes. [Amendment approved March 19, 1889; Stats. 1889, p. 389. In effect im- mediately.] Equalization. Sec. 774. The board of trustees shall meet at their usual place of holding- meetings on the sec- ond Monday of August of each year, at ten o'clock in the forenoon of said day, and sit as a board of equalization, and shall continue in session from day to day until all the returns of the assessor have been rectified. They shall have power to hear complaints, and to coiTect, modify, or strike out any assessment made by the assessor, and may, of their own motion, raise any assessment, upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for said year. It shall be certified by the city clerk, who shall act as clerk of the board of equalization, as being the assessment roll for said tax, and shall be the as- sessment roll upon which such tax is to be levied in said year. Construction of act. Sec. 775. Nothing in this chapter contained shall be construed to prevent any city having a bonded indebtedness, contracted under laws heretofore passed, from levying and collecting such taxes for the payment of such indebtedness, and the inter- est thereon, as are provided for in such laws, in addition to the taxes herein authorized to be lev- ied and collected; nor to prevent any city from levying and collecting the tax authorized by the act entitled "An act to establish free public libra- Municipal Corporations. 861 ries and reading-rooms," approved April twenty- sixth, eighteen hundred and eighty, in addition to the taxes herein authorized to be levied and col- lected. All moneys received from licenses, street poll-tax, and from fines, penalties, and forfeitures, shall be paid into the general fund. Water-front fund. See. 776. The board of trustees may also levy, and cause to be collected in each year, in addition to the taxes herein authorized to be levied and collected, a tax, not exceeding ten cents on each one hundred dollars of the assessed value of all real and personal property v^^ithin such city sub- ject to taxation, the proceeds of which tax shall be known as the "river and water-front improve- ment fund," and shall be applied to the improve- ment of streams, bays, and water-fronts, and the erection of embanl^;ments and other works to pro- tect the city from overflow, and for no other pur- poses whatever. Public work to be contracted for. Sec. 777. In the erection, improvement, and re- pair of all public buildings and works, in all street and sewer work, and in all work in or about streams, bays, or water-fronts, or in or about em- bankments, or other works for protection against overflow, and in furnishing any supplies or mate- rials for the same, when the expenditure required for the same exceeds the sum of one hundred dol- lars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of general circu- lation printed and published in such city, for at least two weeks, or if there be no news- paper printed or published therein, by printing and posting the same in at least four public places therein for the same period. Such notice shall dis- tinctly and specifically state the work contem- plated to be done;, provided, that the board of trustees may reject all bids presented, and read- vertise, in their discretion. The board of trustees shall annually, at a stated time, contract for doing all city printing and advertising, whch contract shall be let to the lowest bidder, after notice, as 862 Municipal Corporations, provided in this section, and the contract therefor shall be awarded separately from all other print- ing. [Amendment approved March 10, 1891, Stats. 1891, p. 54. J Powers of president. Sec. 778. The president of the board of trustees shall preside over all meetings of the board at which he is present. In his absence a president pro tem. may be chosen. The president, and in his absence the president pro tem., shall sign all war- rants drawn on the city treasurer, and, unless otherwise provided by said board, shall sign all written contracts entered into by said city, as such president or president pro tem. The authority and powder of the president pro tem. shall continue only during the day on which he is cliosen. The presi- dent and president pro tem. shall have power to administer oaths and affirmations, and take affi- davits and certify the same under their hands. The president or president pro tem. shall sign all conveyances made by said city, and all instruments which shall require the seal of the city. The pres- ident is authorized to acknowledge the execution of all instruments executed by said city that re- quire to be acknowledged. He shall have power to administer oaths and affirmations concerning any demand upon the treasury, and in all matters relating to the duties of the board of trustees, and to witnesses examined in any investigation had by said board, or by any committee thereof duly authorized to make such investigation. Said presi- dent may issue subpoenas under his hand and the seal of such city, attested by the city clerk, to compel tiie nttendance of witnesses before such board of trustees or committee thereof. [Amend- ment approved March 19, 1889; Stats. 1889, p. 389. In effect immedialelv.i Municipal Corporations. 863 Article IV,— Executive Department. Treasurer. Sec. 786. It shall be the duty of the treasurer to receive and safely keep all moneys which shall come into his hands as city treasurer, for all of which he shall give duplicate receipts, one of which shall be filed with the city clerk. He shall pay out said money on warrants signed by the proper of- ficers, and not otherwise, except interest coupons on bonds. lie shall make quarterly settlements with the city clerk. He shall collect all taxes lev- ied by the board of trustees, if so required by ordi- nance. [Amendment approved March 19, 1889; Stats. 1889, p. 389. In effect immediately.] Assessor. Sec. 787. It shall be the duty of the assessor, be- tween the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city. The mode of making out of said list, and proceedings relat- ing thereto, shall be in conformity with laws now in force regulating county assessors, except as the same may be otherwise provided in this act, or by ordinance. Said list shall describe the property assessed and the value thereof, and shall contain all other matters required to be stated in such lists by county assessors. Said assessor shall verify said list by his oath, and shall deposit the same with the city clerk, on or before the first Monday of August in each year. The assessor shall, dur- ing said time, also make a list of all male persons residing within the limits of such city over the age of twenty-one years, and shall verify said list by his oath, and shall, on or before the first Mon- day of August in each year, deposit the same with the city clerk. Said assessor and his deputy shall have power to administer all oaths and affirma- tions necessary in the performance of his duties. City clerk, duties of. See. 788. It shall be the duty of the city clerk to keep a full and true record of all the proceed- 864 Municipal Corporations. ings of ttie board of trustees and of the board of equalization. The proceeding's of the board of trustees shall be Ivept in a booli, marked "Records of the Board of Trustees." The proceedings of the board of equalization shall be kept in a separate book, marlied *'Iiecords of the Board of Equaliza- tion." He shall keep a book, which shall be mark- ed "City Accounts," in which shall be entered as a credit all moneys received by the city for li- censes, the amount of any tax when levied, and all other moneys received; and in which shall be entered upon the debtor side all commissions de- ducted, and all warrants drawn on the treasury. He shall also keep a book, marked "Marshal's Ac- count," in which he shall charge the city marshal with all the tax lists, if any, delivered to him, and all licenses delivered to him. He shall credit the marshal with the delinquent lists returned by him. He shall also keep a book, marked "Treasurer's Account," in which he shall keep a full account of the transactions of the city with the treasurev. He shall also keep a book, marked "City Licens- es." in whicli he shall enter all licenses delivered by him to the marshal, and the amount thereof. He shall also keep a book, marked "City Ordi- nances," into which he shall copy all city ordi- nances, with his certificate annexed to said copy, stating the foregoing ordinance is a true and cor- rect copy of an ordinance of such city, and giving the number and title of said ordinance, and stat- ing that the same has been published or posted ac- cording to law. Said record copy, with said cer- tificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such evidence in any court or proceeding. Said records shall not be filed in any case, but shall be returned to the custody of the city clerk. Nothing herein con- tained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. Each of the foregoing boolvs, except the records of the board of trustees and the board of equalization, shall have a gen- eral index, sufficiently comprehensive to en- able a person readily to ascertain matters con- Municipal Corporations. 865 tained therein. The city clerk shall also keep a book, marked "Demands and Warrants," in which he sliall note every demand against the city, and file the same. He shall state therein, under the note of the demands, the final disposi- tion made of the same; and if the same is allowed and a warrant is drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the comple- tion of the assessment roll for any of the taxes of the city, and levying of the tax thereon, the city clerk shall apportion the taxes upon such assess- ment roll, and shall deliver it to the officer charged with the duty of collecting taxes. It shall not be necessary to make a duplicate assessment roll. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oatlis and aflirmations, to take affidavits and depositions to be used in any court or proceeding in the state, and to certify the same. He and his deputy shall take all necessary affidavits to demands against the city, and certify the same without charge. Hb shall be the custodian of the seal of such city. He shall make a quarterly statement, in writing, showing the receipts and expenditures of the city for the preceding quarter, and the amount remain- ing in the treasury. He shall, at the end of every fiscal year, make a full and detailed statement of the receipts and expenditures of the preceding year, and a full statement of the financial condi- tion of the affairs of the city, which shall be pub- lished. He shall perform such other services as this act and the ordinances of the board of trus- tees shall require. [Amendment approved March 19, 1S89: Stats. 1889, p. 389. In effect immedi- ately.] City attorney. Sec. 789. It shall be the duty of the city attor- ney to advise the city authorities and officers in all legal matters pertaining to the business of said city, and to render such other services in the line of his profession as may be required of him by the board of trustees. [Amendment approved Gen. Laws — 73. 8()6 Municipal Corporations. March 19, 1S89; Stats. 1889, p. 389. In effect im- mediately.] Police department under control of city marshal. Sec. 790. The department of police of said city sliall be under the direction and control of the city n'.'irshal, and for the suppression of any riot, pub- lic tumult, disturbance of the peace, or resistance against the laws or public authorities in the law- ful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon sheriffs by the laws of the state, and shall, in all respects, be entitled to the same protection; and his lawful orders shall be promptly executed by deputies, police-officers, and watchmen in said city, and every citizen shall also lend him aid, wlien required, for the arrest of offenders and maintenance of public order. He shall and is hci-eby authorized to execute and return all process issued and directed to him by any legal authority. It shall be liis duty to prosecute before the re- corder all breaches or violations of or noncompli- ance with any city ordinance which shall come to his knowledge. He shall collect all taxes levied by the board of trustees, except as is herein provided. He shall, at the expiration of any month, pay to the city treasurer all taxes and other funds of said city collected by him during said month. Ho shall, upon payment of the money, file with the treasurer an affidavit, stating that the money so paid is all the taxes or funds that he has collect- ed or received during the preceding month. He shall, upon the receipt of any tax list, give his re- ceipt for the same to the city clerk, and shall, upon depositing with the city clerk the delinquent tax list, take his receipt therefor. He shall receive from the clerk all city licenses and collect the same. He shall have charge of the city prison and prisoners, and of any chain-gang that may be es- tablished by the board of trustees. He shall, for service of any process, receive the same fees as constables. He may appoint, subject to the ap- proval of the board of trustees, one or more depu- ties, for whose acts he and his bondsmen shall be responsible, whose only compensation shall be Municipal Corporations. 867 fees for the service of process whicli shall be the same as those allowed to the city marshal. He may also, with the concurrence of the president of the board of trustees, when the same may be by them deemed necessary for the preservation of public order, appoint additional policemen, who shall discharge the duties assigned them for one day only. He shall, perform such other services as this act and the ordinances of the board of trustees shall require, and shall receive such com- pensation from the city as shall be fixed by ordi- nance, in addition to such mileage and fees as he shall receive in the s-ervice of process of the courts of the state, other than the recorder's court of such city, which mileage and fees shall be the same as is allowed by law to constables in the county in which such city is situated. [Amend- ment approved INIarch 23, 1893; Stats. 1893, p. 299.] Board to fix compensation. Sec. 791. The board of trustees shall, by ordi- nances not inconsistent with the provisions of this cliapter. prescribe the additional duties of all of- ficers, and fix their compensation. Article V.— School Department. School district. See. 795. From and after the organization of each of such cities, the same shall constitute a sep- arate school district, which shall be governed by the board of education of such city; provided the board of supervisoi's may include more territory in such school district than that included in such city, and in that case such outside territory shall be deemed a part of such city for the puiiwse of holding the general municipal election and shall be an election precinct by itself and its qualified electors shall vote only for the board of education, and siaid outside territory shall be deemed to be a part of said city for all matters connected with the school department, and the annual levying and collecting of the property tax for the school fund. 868 Muuicipal CorporatioDs. [Amendment approved March 10, 1891; Stats. 1891, p. 28.] Vacancy in board. Sec. TOG. In case a vacancy shall occur in the office of school director, the board of education shall choose a person to fill such vacancy, who shall serve until the next election, when, if the term does not then expire, a person shall be elect- ed to serve for tiie remainder of such unexpired term. Meetings. Sec. 797. The board of education shall meet on the second Tuesday after such general municipal election, and choose one of its members as presi- dent, and shall appoint a secretary, who shall hold at the pleasure of said board. The regular meet- ings of said board shall thereafter be held as often as once in each month, in the place provided for the board of trustees, and the time for holding such meetings shall be fixed by the board of edu- cation. Special meetings of said board may be held when called by written notice, signed by its president, or three of its members, and delivered personally to each of its members who shall not have signed the same. Three members shall con- stitute a quorum, and no business shall be trans- acted by said board of education without the con- currence of three of its members; but a majority of the members present at any meeting may ad- journ from time to time. All meetings of" said board of education shall be public, and full rec- ords of its proceedings shall be kept by the secre- tary of said board of education. The members of the board of education shall receive no compen- sation for their services as school directors. [Amendment approved March 7, 1891; Stats. 1891, p. 114.] Powers of board. Sec. 798. The board of education shall have power: Establish schools. 1. To establish and maintain public schools, and to subdivide the school districts, and to fix and alter the boundaries of such subdivisions. Municipal Coiiioiations. S69 Employees. 2. To employ and dismiss teachers, janitors, truant officers, and school-census marshals, and to fix, alter, allow, and order paid their salaries or compensations, and to employ and pay such me- chanics and laborers as may be necessary to can-y into effect the povrers hereby conferred. Regulate schools. 3. To make, establish, and enforce all necessary or proper rules and regulations, not in conflict with the laws of this state, for the government and management of public schools within such city, the teachers thereof, and the pupils therein, and for carrying into effect the laws relating to educa- tion. Supplies. 4. To provide for the school department of such city, fuel and lights, water, printing, and station- ery, and to incur such other incidental expenses as may be deemed necessary by said board. Building and repairs. 5. To build, alter, repair, rent, and provide school-houses, and to furnish the same with prop- er school furniture, apparatus, and appliances, and to insure any and all school property. Real estate. 6. To purchase, receive, lease, and hold in fee. in trust for such city, any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and ben- efit of the schools of such city; provided, that no r^al estate shall be bought, sold, or exchanged, nor any expenditure incurred for the construction of new school-houses, without the approval of the board of trustees; and provided further, that the proceeds of any such sale or exchange of real es- tate shall be exclusively applied to the purchase of other lots for the erecting of school-houses. Improvements. 7. To grade, fence, and improve all school lots. To estimate moneys needed. 8. To determine annually the amount of money required for the support of the jiublic schools, and for carrying into effect all the provisions of law in 870 Municipal Corporations. reference thereto; and in pursuance of this provi- sion, the board of education shall, at least ten days before the meetini? of the board of trustees at "which the annual city taxes are levied, submit in writing to the board of trustees a careful esti- mate of tlie whole amount of money to be received from the state and county, and of the amount to be required from such city for the above-men- tioned pui-poses; and the amount so found to be required from the city shall, by the board of trus- tees, be added to the above amounts to be assessed and collected for city purposes, and when collect- ed, the proceeds thereof shall be immediately paid into the school fund of such city, to be drawn out only upon tlie order of the board of education; pro- vided, that such annual tax shall not exceed twen- ty-five cents on each one hundred dollars of the assessed valuation of tlie real and personal prop- erty within such city. Disbursement of fund. 9. To establish regulations for the .lust and equal disbursement of all moneys belonging to the school fund. Incumbrances. 10. To discharge all legal incumbrances exist- ing at the time of the incorporation of such city, ov thei-eafter, on any school property within such city. Non-residents. 11. To admit non-resident children, and per- sons over twenty-one years of age, to any of the departments of the schools of such city, upon the payment monthly, in advance, of such tuition fee as said board may establish. Age limit. 12. To prohibit any children under six years of age from attending the public schools. Grades. lo. To establish and regulate the grades of schools in such city, and the course of study, and the mode of instruction to be pursued therein, and determine what text-books shall be used. Other acts. 14. To do and perform, in addition to the fore- going powers, such other acts as may be neces- Municipal Corporations. 871 sary or proper to carry into effect the powers here- by conferred. Board may sue and be sued. Sec. 799. The board of education may sue and bo siTPd by their name of office. In any action or judicial proceeding against said board, service of process upon the president, or upon a majority of the meniDers of the board shall be sufficient to give the court jurisdiction to hear and determine tiie same. Treasurer custodian of moneys. Sec. 800. All moneys received by the treasurer of the county wherein such city may be situated, on account of the school fund of such city, or the school district consisting of the same, and all sums received into tlie county treasury, which may be apportioned to said city or district shall be paid to the treasurer of such city, by the treasurer of such county, as soon as received, or as soon as the apportionment shall be made, when apportionment is necessary, upon the order of the board of edu- cation. Demands. Sec. 801. The president of the board of educa- tion shall have power to administer oaths and affirmations concerning any demand upon the treasury, payable out of the school fund, and in all other matters relating to the duties of the board of education, and to witnesses examined in any investigation had by such board of educa- tion, or by a committee thereof, duly appointed by it for that purpose. President may compel witnesses. Sec. 802. Said president may issue subpoenas under his hand and the seal of such city, attested by the city clerk, to compel the attendance of wit- nesses before such board of education, or commit- tee thereof, who shall be entitled to the same fees as witnesses in civil cases, and who may be pun- ished for contempt for non-attendance, or refusal to be sworn, or to answer, by the superior court of the county in which such city may be situated. "Warrants. Sec. 803. Every claim payable out of the school fund shall be filed with the secretary of the board 872 Municipal Corporations. of education, and after it shall have been approved by the board a certificate of such approval shall be indorsed thereon, signed by the president and sec- retary, and a warrant upon the school fund shall be issued thereon for the payment of such claim; which warrant shall be signed by the president of such board, and countersigned by the secretary and shall specify for what purpose the same is drawn. Duties of secretary. Sec. 804. The secretary shall report to the board annually, and at such other times as they may re- quire, all matters pertaining to the expense, in- come, condition, and progress of the public schools of said city during the preceding year, with such recommendations as he may deem proper. He shall observe, and cause to be observed, such general rules and regulations for the government of and instruction in the schools, not inconsistent with the laws of the state, as may be established by the board of education. He shall attend the sessions of the board, and inform them at each session of the condition of the public schools, school-houses, school funds, and other matters con- nected therewith, and recommend such measures as he may deem necessary for the advancement of education in the city, and shall perform such other duties as may be required of him by the board. He shall receive as compensation for his services, payable out of the school fund, such sum as the board of education from time to time may allow. Fund shall not be diverted. Sec. 805. The entire revenue derived by such city from the state school fund and the state school tax shall be applied by said board of edu- cation exclusively to the support of primary and grammar schools. Municipal Corporations. 873 Article VI.— Judicial Department. Heeorder's court. Sec. 806. A recorder's court is hereby establish- ed in such city, to be held by the recorder of such city. Said recorder's court shall have .jurisdiction, concurrently with the justice's courts, of all ac- tions and proceedings, civil and criminal, arisincj witliin the corporate limits of such city, and which might be tried in such justice's court; and shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty, or forfeiture pre- scribed for the breach of any ordinance of such city, of all actions founded upon any obligations or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceeding in said recorder's court shall be the same as are or may be prescribed by law for justices' courts in like cases: and appeals may be taken to the supe- rior court of the county in which such city may be situated, from all judgments of said recorder's court, in like manner and with like effect as in cases of appeals from justices' courts. Powers of recorder as judge. Sec. 807. The recorder shall be judge of the re- corder's court, and shall have the powers and per- form the duties of a magistrate. He may adminis- ter and certify oaths and affirmations, and take and certify acknowledgments. He shall be en- titled to charge and receive for his services such fees as are or may be allowed by law to justices of the peace for like services, except that for his services in criminal prosecution for violation of ordinances he shall be entitled to receive only such monthly salary as the board of trustees shall by ordinance prescribe; which compensation, when once fixed, shall not be altered within two years. Recorder, when disqualified as judge. Sec. 808. In all cases in which the recorder is a party, or in which he is interested, or when he is related to either party by consanguinity or 874 Municipal Corporations. affinity within the third degree, or is otherwise disqualified, or in case of sickness or inability to act, the recorder may call in a justice of the peace residing in the city, to act in his place and stead; or if there be no justice of the peace re- siding in the city, or if all those so residing are lilvewise disqualified, then he may call in any justice of the peace residing in the county in which such city is situated. Article VII.— Miscellaneous Provisions. Collection of moneys. Sec. 810. Every officer collecting or receiving any moneys belonging to or for the use of such city shall settle for the same with the clerk on the first Monday in each month, and immediately pay the same into the treasury, on the order of the clerk, for the benefit of the funds to which such moneys respectively belong. No officer to be interested in contract. Sec. 811. No officer of such city shall be inter- ested, directly or indirectly, in any contract with such city, or with any of the officers thereof, in their official capacity, or in doing any work or fur- nishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in whicli any such officer is interested, shall be void, and if audited and al- lowed shall not be paid by the treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. Nuisances. Sec. 812, Every act or thing done or being within the limits of such city, which is or may be declared by law or by any ordinance of such city to be a nuisance, sliall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may be Municipal Corporations. 875 given by laAV for the prevention and abatement of nuisances shall apply thereto. Fire departments. Sec. 813. Fire departments in cities of the fifth class shall consist of volunteer companies of fire- men, organized into engine, hose, or hook and lad- der companies. Such fire department, and such tire companies shall elect their own officers; pro- vided, that in the election of any person as chief of any such fire department, his election shall be forthwith certified by the secretary of said depart- ment to the board of trustees of such city, and by them, at their next regular meeting, confirmed, and such chief shall give a bond to the chairman of the board of trustees of such city, in the sum of one thousand dollars; and the chief of every fire department must inquire into the cause of every fire occurring in the city, and keep a record there- of. Pie shall have exclusive control of the work- ing of the fire department in time of conflagra- tion or fire. He must aid in the enforcement of all fire ordinances duly enacted, examine build- ings in process of erection, report violation of or- dinances relating to the prevention and extin- guishment of fires when directed by the proper authorities, and institute proceedings therefor, and shall have general control, management, and direction of the fire companies, hose, hook and ladder companies, and engine, and fire depart- ments of such city, and shall perform such other duties as may be by the ordinances of said city, or by law, imposed upon him. His compensation, which shall not be less than ten dollars per moath, must be fixed and paid by the board of city trustees. [New section approved March 27. 1897; Stats. 1897, chap, cxxii.] 87(5 Municipal Corporations. CHAPTER YII. MUNICIPAL CORPOPiATTONS OF THE SIXTH CLASS. (A charter for cities and towns liaving a popula- tion of not exceeding 3,000.) For an act to enable municipal corporations of the sixth class to elect officers, see statute follow- ing this. Article I.— General Powers. Sixth class. Sec. 850. Every municipal corporation of the sixth class shall be entitled the city (or town) of (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and in all proceedings what- ever; shall have and use a common seal, alterable at the pleasure of the city or town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, and control and dis- pose of the same for the common benefit. Article II.— General Provisions Relating to Officers. Officers. Sec. 851. The government of such city or town shall be vested in a board of trustees, to consisi of five members; a clerlv, who shall be ex-officio assessor; a treasurer; a marshal, who shall be ex- offlcio tax and license collector; a recorder, to be appointed by the board of trustees, and such sub- ordinate officers as are hereinafter provided for. [Amendment approved March 27, 1895; Stats. 1895, p. 2m.] Election and tenure of office. Sec. 852. The members of the board of trustees and the clerls, treasurer, and marshal shall be Mumcipal Corporations. 877 elected by the qualified electors of said city or town at a general municipal election to be held therein on the second INIonday in April in each even-numbered year. The clerk, treasurer, and marshal shall hold office for the period of two years from and after the Monday next succeeding tlie day of such election, and until their succes- sors are elected and qualified. Members of the board of trustees shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified; provi- ded, that the first board of trustees elected under the provisions of this act shall, at their first meet- ing, so classify themselves by lot as that three of their number shall go out of office at the expiration of two years and two at the expira- tion of four years. The board of trustees may, in their discretion, appoint an attorney, a pound- master, a superintendent of streets, a civil engi- neer, and such police and other subordinate offi- cers as in their judgment may be deemed neces- sary, and fix their compensation, which said officers shall hold office during the pleasure of said board. Official bonds. Sec. 853. The clerk, treasurer, and marshal shall, respectively, before entering upon the duties of their respective offices, each execute a bond to such city or town in such penal sum as the board of trustees by ordinance may determine, conditioned for the faithful performance of his duties, including in the same bond the duties of all offices of which he is made by this chapter ex-officio incumbent; such bonds shall be ap- proved by the board of trustees. All bonds, when approved, shall be filed with the clerk, except the bond of the clerk, which shall be filed with the president of the board of trustees. All the provisions of any law of this state relating to the official bonds of officers shall apply to such bonds, except as herein otherwise provided. Every officer of such city, before entering upon the duties of his office, shall take and file with the clerk the constitutional oath of office. Gen. Laws — 74 878 Municipal Corporations. Vacancies, how filled. Sec. 854. Any vacancy occurring in any of the offices provided for in this act shall be filled by appointment by the board of trustees; but if such office be elective, such appointee shall hold office only until the next regular election, at which time a person shall be elected to serve for the re- mainder of such unexpired term. In case a mem- ber of the board of trustees is absent from the city for the period of ninety days, unless by per- mission of the board of trustees, his office shall by the board be declared vacant, and the same filled as in case of other vacancies. Compensation. Sec. 855. The members of the board of trustees shall receive no compensation whatever. The clerk, treasurer, marshal, and recorder shall sev- erally receive, at stated times, a compensation, to be fixed by ordinance by the board of trustees, which compensation shall not be increased or di- minished after their election, or during their sev- eral terms of office. Nothing herein contained shall be construed to prevent the board of trustees from fixing such several amounts of compensation in the first instance, during the term of office of any such officer, or after his election. The com- pensation of all other officers shall be .fixed from time to time by the boards of trustees. Election provisions. Sec. S5G. All elections in such city or town shall be held in accordance with the general election laws of the state, so far as the same may be madr- applicable: and no person shall be entitled to vote at such election unless he shall be a qualified elector of the county, enrolled upon the great reg- ister thereof, and shall have resided in such city for at least thirty days next preceding such elec- tion. The board of trustees shall give such notice of each election as may be prescribed by ordi- nance, shall appoint boards of election, and fix their compensation, and establish election pre- cincts and polling-places, and may change the same. At any municipal election the last printed great register of the county shall be used, and any elector whose name is not upon such printed register shall be entitled to vote upon producing Municipal Corporations; 879 and filing with the board of election a certificate, under the hand and^ofiicial seal of the county clerk, showing that his name is registered and un- canceled upon the great register of such county; provided, that he is otherwise entitled to vote. Eligibility to office. Sec. 857. No person shall be eligible to or hold any office in said city, whether filled by election or appointment, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election or appointment. Article III. — Legislative Department. Board of trustees. Sec. 858. The board of trustees shall meet on the Monday next succeeding the date of said gen- eral municipal election, shall take the oath of office, shall choose one of their number president, and shall hold regular meetings at least once in each month, at such times as they shall fix by ordinance. Special meetings may be called at any time by the president of tlie board, or by three trustees, by written notice delivered to each mem- ber, at least three hours before the time specified for the proposed meeting. All meetings of the board of trustees shall be held within the corpora ate limits of the city, at such place as may be designated by ordinance, and shall be public. Meetings. Sec. 859. At any meeting of the board of trust ees a majority of the trustees shall constitute a quorum for tlie transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The president of the board shall preside at all meetings of the board, and in case of his absence the board may appoint a presi- dent pro tem.; and in case of the absence of the clerk, the president or president pro tem. shall appoint one of the members of the board clerk pro tem. 880 Municipal Corporations. Rules. Sec. 860. The board of trustees shall judge of the qualifications of its members and of all elec- tion returns, and determine contested elections of all city officers. They may establish rules for the conduct of their proceedings, and punish any member or other person for disorderly behavior at any meeting. They shall cause the clerk to keep a correct journal of all their proceedings, and at the desire of any member shall cause the ayes and noes to be taken on any question, and entered on the journal. Franchises and resolutions to pay money. Sec. 861. No ordinance, and no resolution granting any franchise for any purpose, shall be passed by the board of trustees on the day of its introduction, nor within five days thereafter nor at any other than a regular meeting. No resolution or order for the payment of money shall be passed at any other time than at a regu- lar meeting. And no such ordinance, resolution, or order shall have any validity or effect unless passed by the votes of at least three trustees. Powers. Sec. 862. The board of trustees of said city shall have power: Ordinances. 1. To pass ordinances not in conflict with the constitution and laws of this state or of the United States. Real estate. 2. To purchase, lease, or receive such real estate and personal property as may be necessary or proper for municipal purposes, and to control, dis- pose of, and convey the same for the benefit of the city or town; provided, they shall not have power to sell or convey any portion of any waterfront. Water. 3. To contract for supplying the city or town with water for municipal purposes, or to acquire, construct, repair, and manage pumps, aqueducts, reservoirs, or other worlds necessary or proper for supplying water for the use of such city or its in- habitants, or for irrigating purposes therein. Municipal Corporations. 881 Highways. 4. To establish, build, and repair bridges; to establish, lay out, alter, keep open, improve, and repnir streets, sideAvalks, alleys, squares, and other public highways and places within the city or town, and to drain, sprinkle, and light the same; to remove all obstructions therefrom: to establish the grades thereof; to grade, pave, mac- adamize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, side- walks, and crosswalks therein, or on any part thereof; to cause to be planted, set out, and culti- vated, shade trees therein; and generally to man* age and control all such highways and places. Sewers. 5. To construct, establish, and maintain drains and sewers. Fire extinguishment. 6. To provide fire engines and all other neces- sary or proper apparatus for the prevention and extinguishment of fires. Poll-tax. 7. To impose on and collect from every male inhabitant, between the ages of twenty-one and sixty years, an annual street-poll tax, not exceed- ing two dollars; and no other road poll tax shall be collected within the limits of the city. Dog tax. 8. To impose and collect an annual license not exceeding two dollars on every male dog and four dollars on every female dog owned or harbored within the limits of the city. Property tax. 9. To levy and collect annually a property tax which shall not exceed seventy-five cents on each one hundred dollars. Licenses. 10. To license, for the purpose of revenue ard regulation, all and every kind of business author- ized by law and transacted and carried on in such city or town, and all shows, exhibitions, and law- ful games carried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise; pro- vided, that any license taxes collected under a 882 Municipal Corporations. city ordinance sliall be collected by the city or town marshal, and paid into the city or town treasury for the use of the city or town in which it is collected. Water-front improvement. 11. To improve the rivers and streams flowinsj tlu'ough such city, or adjoining the same; to widen, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the waterfront of the city; to construct and maintain embankments and other worlds to protect such city from overflow, and to acquire, own, construct, maintain, and operate on any lands bordering on any navigable bay, lake, inlet, river, creelv, slough, or arm of the sea within the corporate limits of such city, or contiguous there- to, wharves, chutes, piers, breakwaters, bath- houses, and life-saving stations. Public buildings. 12. To erect and maintain buildings for munici- pal purposes. Tracks and pipes. 13. To acquire, own, construct, maintain, and operate street railways, telephone and telegraph lines, gas and other works for light and heat, pub- lic libraries, museums, gymnasiums, parks, and baths; and to permit, under such restrictions as they may deem proper, the laying of railroad tracks, and the running of cars drawn by horses, steam, or otiier power thereon, and the laying of gas and water pipes in the public streets, and to permit the construction and maintenance of tele- graph and telephone lines therein. Violation of ordinances. 14. To impose fines, penalties, and forfeitures for any and all violations of ordinances; and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment, or botli; but no such fine shall exceed three hundred dollars, nor the term of imprisonment exceed three months. Prison labor. 15. To cause all persons imprisoned for viola- tion of any ordinance to labor on the streets, or other public property or works within the city. "Municipal Corporations. 883 Other acts. 16. To do and perform any and all other acts and things necessary or proper to carry oul the provisions of this chapter. [Amendment ap- proved March 18, 1897; Stats. 1897, chap. cxv. In effect immediately.] Enacting: clause. Sec. 863. The enacting clause of all ordinances shall be as follows: "The board of trustees of the city (or town) of do ordain as follows." Every ordinance shall be signed by the president of the board of trustees, attested by the clerk, and puldished at least once in a newspaper published in such city or town, or printed and posted in at least three public places therein. Demands. Sec. 864. All demands against such city or town shall be presented to and audited by the board of trustees, in accordance with sucli regu- lations as they may by ordinance prescribe; and upon the allowance of any such demand, the presi- dent of the board shall draw a warrant upon the treasurer for the same, which warrant shall be countersigned by the clerli, and shall specify for wliat purpose the same is drawn, and out of what fund it is to be paid. Indebtedness not to exceed available funds. Sec. 865. The board of trustees shall not create, audit, allow, or permit to accrue, any debt or lia- bility in excess of the available money in the treasury that may be legally apportioned and ap- propriated for such purposes; provided, that any city or t(»wn during the first year of its existence under this act may incur such indebtedness or lia- bility as may be necessary, not exceeding in all the income and revenue provided for it in such jear; I'or shall any warrant be dravvn, or evi- dence of hidebtedness be issued, unless there be at the time sufficient money in the treasury legal- ly applicable to the payment of the same, except as hereinafter provided. Incurring excess decided by vote. Sec. 866. If at any time the board of trustees shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable 884 Municipal Corporations. to the purpose for which such indebtedness is to be incurred, they shall give notice of a special election by the qualified electors of Ihe city or town, to be held to determine whethin* such in- debtedness shall be incurred. Such notice shall specify the amount of indebtedness proj^osed to be incurred, the purpose or purposes of the same, and the amount of money necessary to be raised annually, by taxation, for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least two weeks in some news- paper published in such city or town; and no other question or matter shall be submitted to tlie elec- tors at such election. If upon a canvass of the votes cast at such election it appears that not less tlian two-thirds of nil the qualified electors voting at such election shall have voted in favor of in- curring such indebtedness, it shall be the duty of the board of trustees to pass an ordinance provid- ing for the mode of creating such indebtedness, and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city or town, sufficient to pay the interest on such indebt- edness as it falls due; and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the board of trustees, in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such pur- pose, in addition to the taxes by this chapter au- thorized to be levied. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness. Incarceration. Sec. 867. The violation of any ordinance of such city or town shall be deemed a misdemeanor, and may be pro.^ccuted by the authorities of such city or town in the name of the people of the state of California, or may be redressed by civil action, at the option of said authorities. Any person sen- tenced to imprisonment for the violation of an Municipal Corporations. 885 ordinance may be imprisoned in the .t'lil for such city or town; or if the board of trustees by ordi- nance sliall so prescribe, in tlie county jail of the county in which such city or town may be situ- ated, in which case the expense of such imprison- ment sliall be a charge in favor of such county and a.uainst such city or town. Nuisances. Sec. SG8. Every act or thing done or being within the limits of such city or town, which is or may be declared by law or by any ordiaauce of such city or town to be a nuisance, shall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may he given by law for the prevention and abatement of nuisances shall apply thereto. Cost of street- work assessed on fronting property. Sec. 8G0. The board of trustees are hereby au- thorized and empowered to order any woric authorized by this chapter to be done upon the streets, avenues, highways, and public places of such city or town. The cost and expense incurred therefor shall be paid as follows, to wit: The ex- pense or cost of imi)roving and repairing streets, sidewall^s, alleys, squares, and other public high- ways and places within the city or town, remov- ing obstructions therefrom, grading, paving, mac- adamizing, graveling, and curbing the same, and constructing gutters, culverts, and sidewalks therein, shall be assessed upon the lots and lands fronting thereon, each lot or portion of a lot being separately assessed for the full deptii thereof in proportion to the benefits upon the property to be benefited, sufficient to cover the total expense of the work to the center of the street on which it fronts; provided, that the board of trustees may expend from the general fund for said purposes a sum which in their judgment may be necessary. The expense of all improvements in the space formed by the junction of two or more streets, or where one main street terminates in or crosses another main street, and also all necessary street crossings, or crossways at corners or intersection of streets, and the expense of establishing, build- 88G Municipal Corporations. in.s, and repairing bridges in such city or town, shall he paid by snch city or town. The expense incurred in making and repairing sewers in any street shall be paid, one fourth by the owner of the lands on one side of said stre(}t. one fourth by the owner of the land on the otlier side of said street, and one-half by the city or town out of the sewer fund. In all the streets constituting the water-front of such city or town, or bounded on the one side by the property thereof, the expense of work done on that portion of said streets, from the center line thereof to the said water-front, or to such property of the city or town bound'^d thereon, shall Ije paid for by such city or town, but no contract for any such worlv shall be given except to the lowest responsible bidder, and in the manner hereinafter provided. Whvn any v.-ork or improvements mentioned in this section is done or made on one side of the center line of said streets, avenues, or public highways, the lots or portions of lots fronting on that side only shall be assessed to cover the expenses of said work ac- cording to the provisions of this chapter. When- ever any expenses or costs of Avork shall have been assessed on any lands, the amount of said expenses shall become a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in accordance wit'.i the provisions of the Code of Civil Procedure. Such Slut sliall be in. the name of such ci^y or town as plaintiff. Upon the filing of a complaint in the superior court to enforce a lien of any kind here- on, the plaintiff shall be entitled, if a recovery is had or tlie money is paid, to include as costs the sum of twenty-five dollars as attorney's fees. Right of way. Sec. 870. Whenever it shall become necessary for the city or town to take or damage private property for the purpose of establishing, laying out, extending, and widening streets and other public highways and places within the city or town, or for the purpose of rights of way for drains, sewers, and aqueducts, and i'or the pur- pose of widening, straightening, or diverting the channels of streams and the improvement of water-fronts, and the board of trustees cannot Municipal Corporations. 887 agree with the owner thereof as to the price to be paid, the trustees may direct proceed! ii.^s to be taken under section twelve hundred and thirty- seven and following sections, to and including section twelve hundred and sixty-three of tne Code of Civil Procedure, to procure the same. Levy of taxes. Sec. 871. The board of trustees shall have power, and it shall be their duty, to provide by ordinance a system for the assessment, levy, and collection of all city or town taxes not inconsist- ent with the provisions of this chapter, which system shall conform as nearly as the circum- stances of the case may permit to the provisions of the laws of this state in reference to the assess- ment, levy, and collection of state and county taxes, except as to the times for such assessment, levy, and collection, and except as to the officers by whom such duties are to be performed. A.11 taxes assessed, together with any percentage imposed for delinquency, and the costs of collec- tion, shall constitute liens on the property as- sessed, from and after the first Monday in March in each year; which liens may be enforced by a summary sale of such property; and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by actions in any court of competent jurisdiction to foreclose such liens; provided, that any property sold for such taxes shall be subject to redemption within the time and in the manner provided, or that may hereafter be provided by law for the redemption of property sold for state or county taxes. All deeds made upon any sale of property for taxes or special assessments, under the provisions of this chapter, shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for non-payment of state or county taxes. Equalization. Sec. 872. The board of trustees shall meet at their usual place of holding meetings on the sec- ond Monday of August of eacli year, at ten o'clock in the forenoon of said day, and sit as a board of 88S Municipal Corporations. equalization, and shall continue in session from day to day until all the returns of the assessor have been rectified. They shall have power to hear complaints, and to correct, modify, or strike out any assessment made by the assessor, and may, of their own motion, raise any assessment, upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for said year. It shall be certified by the clerk, who shall act as clerk of the board of equalization, as beins^ the assessment roll for said tax, and shall be the assessment roll upon which such tax is to be levied in said year. Construction of act. Sec. 873. Nothing in this chapter contained shall be construed to prevent any city or town having a bonded indebtedness, contracted under laws heretofore passed, from levying: and collect- ing such taxes for the payment of such indeblerl- ness, and the interest thereon, as are provided for in such laws, in addition to the taxes herein au- thorized to be levied and collected. All moneys received from licenses, street poll-tax, and from fines, penalties, and forfeitures, shall be paid into the general fund. Public work to be done by contract. Sec. 874. In the erection, improvement, and re- pair of all public buildings and works, in all street and sewer work, and in all work in and about streams, bays, or water-fronts, or in or about embankments, or. other works for protec- tion against overflow, and in furnishing any sup- plies or materials for the same, when the expen- diture required for the same exceeds the sum of one hundred dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of general circulation, printed and published in such city or town, for at least two weeks, or if there be no newspaper printed or published there- in, by printing and posting the same in at least four public places therein for the same period; such notice shall distinctly and specifically state the work contemplated to be done; provided, that Municipal Corporations. 889 tlie board of trustees may reject any and all bids presented and readvertise, in their discretion. The board of trustees shall annually, at a stated time^ contract for doing all city printing and advertis- ing, which contract shall be let to the lowest bid- der, after notice, as provided in this section. [Amendment approved March 9, 1897; Stats. 1897, chap. Ixxxvii.] Signature of warrants and contracts. Sec. 875. The president of the board of trustees shall preside over all meetings of the board at which he is present. In his absence a president pro tem. may be chosen. The president, and in his absence the president pro tem., shall sign all warrants drawn on the treasurer, and shall sign all written contracts entered into by said city or town, as such president or president pro tem. The authority 9,nd power of the president pro tem. shall continue only during the day on which he is chosen. The president and president pro tem. shall have power to administer oaths and affirma- tions, and take affidavits and testify the same under their hands. The president or president pro tem. shall sign all conveyances made by said city or town, and all instruments wliich shall re- quire the seal of the city or town. The president is authorized to acknowledge the execution of all instruments executed by said city or town, that require to be acknowledged. Article IV.— Executive Department. Treasurer. Sec. 876. It shall be the duty of the treasurer to receive and safely keep all moneys which sliall come into his hands as treasurer, for all of vrhich he shall give duplicate receipts, one of which shall be filed with the clerk. He shall pay out said money on warrants signed by the president and countersigned by the clerk, and not otherwise. He shall make quarterly settlements with the clerk. For his compensation he shall be allowed one per cent on all moneys received and paid by him as such treasurer. He juay credit himself with such Gen. Laws— 75 890 ]Miiuicipal Corporations. per cent in his settlements with the clerli. Upoi* eacli quarterly settlement, he shall file a state- ment of his account with the clerk. Assessor. Sec. 877. It shall be the duty of the assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city or town. The mode of making out of said list, and proceedings relating thereto, shall be in conformity with laws now in force regulating county assessors, except as the same may be otherwise provided in this act, or by ordinance. Said list shall describe the property assessed, and the value thereof, and shall contain all other matters required to be stated in such lists by county assessors. Said assessor shall verify said list by his oath, and shall deposit the same with the clerk on or before the first Monday of August of each year. The assessor shall, dur- ing said time, also make a list of all male persons residing within the limits of the city or town, over the age of twenty-one years, and shall verify said list by his oath, and shall, on or before the first Monday of August in each year, deposit the same with the clerk. Said assessor and his deputy shall have power to administer all oaths and affirmations necessary in the performance of his duty. Clerk. Sec. 878. It shall be the duty of the clerk to keep a full, true record of all the proceedings of the board of trustees and of the board of equali- zation. The proceedings of the board of irustees shall be kept in a book, marked "Records of the board of trustees." The proceedings of t]ie board of equalization shall be kept in a separate book, marked "Records of the board of equalization." He shall keep a book, which shall be marked "City or town accounts," in which shall be en- tered as a credit all moneys received by the city or town for licenses, the amount of any tax when levied, and all other moneys when received, and in which shall be entered upon the debtor side all commissions deducted and all warrants drawn on the treasury. He shall also keep a book, marked Municipal Corporations. 891 "Marshal's account." in Tvhicli he shall charge the marshal with all the tax lists delivered to him, and all licenses delivered to him. He siiall cre nicipal corporation, and said county shall suc- ceed to and possess all the rights of said munici- pal corporation in and to said indebtedness, and shall have power to sue for or otherwise collect any such debts, in the name of the county. All costs and expense of ascertaining the facts here- inbefore mentioned, and all other costs and ex- pense incurred by the board of supervisors in the execution of the powers and duties of said board of supervisors, provided for in this act. shall be paid out of the special fund in said county treas- ury hereinbefore in this act provided for. Sec. 8. This act shall take effect and be in force from and after its passage. An Act to authorize and direct the municipal au- thorities of the several cities and incorporated towns of this state to execute certain trusts in relation to the town lands granted to the in- corporated cities and towns in this state, by the act of congress entitled "An act for the re- lief of the inhabitants of cities and towns up- on the public lands," approved March second, eighteen hundred and sixty-seven. [Approved March 24, 1868; 1867-8, 487.] This act was amended by act of March 4, 1872, Stats. 1871-2, p. 237. k 904 Municipal Corporations. All Act amendatory of and supplemental to an act entitled "An act to authorize and direct the county judges of the several counties of this state to execute certain trusts in relation to the town lands granted to the unincorporated towns in this state by the act of congress en- titled *An act for the relief of the inhabitants of cities and towns upon the public lands,' ap- proved March second, eighteen hundred and sixty-seven," approved March thirtieth, eigli- teen hundred and sixty-eight. [Approved March 12, 1885; 1885, 115.] The original act is in tbe statute of 1867-8, p. 692. Judges to enter land at land-oflfice. Section 1. Section one of said act is amended so as to read as follows: Section 1, It shall be the duty of each of the persons who may be acting as a superior judge fiCd judge of the superior court of any county in this state to enter at the proper land-office of the United States such quantity of land as the inhabit- ants of any unincorporated town, situated in the county of such superior judge, may be entitled to claim in the aggregate, according to their popu- lation, in the manner required by the laws of the United States, and the regulations prescribed by the secretary of the interior of the United States, and to make and sign all necessary declaratory statements, certificates, and affidavits, or other in- struments requisite to carry into effect the inten- tions of this act, and the intention of the act of congress of the United States entitled "An act for the' relief of the inhabitants of cities and towns upon the public lands, approved March sec- ond, eighteen hundred and sixty-seven," and to make proof, when required, of the facts necessary to establish the claim of such inhabitants to the lands so granted by said act of congress. Estimate of expenses. Sec. 2. Section two of said act is amended so as to read as follows: Section 2. The superior judge of any county in this state, whenever he shall be so requested by a petition signed by not less than five residents, Municipal Corporations. 905 householders in any unincorporated town, whose names appear upon the assessment roll for the year preceding sach application— which petition shall set forth the existence, name, and locality of such town; whether such town is situated on surveyed or unsurveyed lands, and if on surveyed lands the quarter sections or lesser subdivision covered thereby shall be stated; the estimated number of its inhabitants; the number of separ- ate lots or parcels of land within such town site, and the amount of land to which they are entitled under said act of congress— shall estimate the cost of entering such land, and of the survey and re- cording of the same, and shall indorse such esti- mate upon said petition; and upon receiving from any of the parties interested the amount of money mentioned in such estimate, the said superior judge may, if he shall deem it necessary, cause an enumeration of the inhabitants of such town to be made by some competent person, who shall be appointed for that purpose by such superior judge; and such enumeration shall be returned by the person so making the same, exhibiting therein names of all the heads of families and occupants of lots, lands, or premises within such town site, alphabetically arranged, verified by his oath, to the superior judge of the county. Survey of lands. Sec. 3. Section three of said act is amended so as to read as follows: Section 3. The said superior judge shall there- upon cause a survey to be made, by some compe- tent person, of the lands which the inhabitants ot said town may be entitled to claim under the said act of congress, located according to the legal subdivision of the sections and by the section lines of the United States, and the same shall be dis- tinctly marlied by suitable monuments. Such sur- veys shall further particularly designate all streets roads, lanes, and alleys, public squares, churches, school lots, cemeteries, and commons, as the same exist, and have been heretofore dedicated in any manner to public use; and by measurement, the precise boundaries and area of each and every lot or parcel of land and premises claimed by any 906 Municipal Corporations. person, corporation, or association, within said town site, shall be designated on the plat, show- ine: the name or names of the possessor or occu- pant, and claimant, if other than the occupant, of each particular lot and parcel of land; and in case of any disputed claim as to lots, lands, premises, or boundaries, the said surveyor, if the same be demanded by any person, shall designate the lines (in different color from the body of the plat) of such part of any premises so disputed or claimed adversely. A plat thereof shall be made in trip- licate, on a scale of not less than eighty feet to one inch, which shall be duly certified under oath by the surveyor, one of which shall be filed with the county recorder of the county wherein the town is situated, one shall be deposited with the superior judge, and one shall be deposited with the justice of the peace resident in or nearest to such town. These plats shall be considered public rec- ords, shall each be accompanied with a copy of the field-notes, and the county recorder shall make a recoi'd thereof in a book to be kept by him for that purpose. The said surveyor shall number the blocks, as divided by the roads and streets opened at the time of making such survey, and shall num- ber the several lots consecutively in each block, and all other parcels of land within said town site surveyed as herein provided, which said numbers shall be a sufficient description of any parcel ot land in said plat when mentioned by reference to such town plat; and such plats, field-notes, and records, and certified copies thereof, shall be prima facie evidence of the contents and correct- ness thereof in all the courts of this state. Notice to be given. Sec. 4. Section four of said act is hereby amend- ed so as to read as follows: Section 4. Before proceeding to make such sur- vey, at least ten days' notice shall be given by tlie superior judge, by posting within the limits of such town site not less than five written or printed notices of the time when such survey shall com- mence, and by publication thereof in a newspaper published in such town, if one there be. The sur- vey of said town lands shall be made to tlie best advantage, and at the least expense to the hold- Municipal Corporations. 907 ers and claimants thereof; and the said superior judge is hereby authorized to receive bids for such surveying, and to let the same by contract to the lowest competent bidder. Dedicated to public use. Sec. 5. Section five of said act is hereby amend- ed so as to read as follows: Section 5. All streets, roads, lanes, and alleys, public squares, cemeteries, and commons, survey- ed, marked, and platted, on the map of any town site, as prescribed and directed by the provisions of this act, shall be deemed and considered, and they are hereby declared to be, dedicated to pub- lic use, by the tiling of such town plat in the office of the county recorder, and- shall be inalienable, unless by special order of the board of supervis- ors of the county, so long as such town shall re- main unincorporated; and if such town shall at any time hereafter become incorporated, then the same shall become the property of such town or city, and shall be under the care and subject to the control of the board of trustees, or other munici- pal authority of such town or city. Assessment on land. Sec. 6. Section six of said act is hereby amend- ed so as to read as follows: Section 6. Each lot or parcel of said land hav- ing thereon valuable improvements, or buildings ordinarily used as dwellings or for business pur- poses, not exceeding one tenth of one acre in area, shall be rated and assessed by the said superior judge at the sum of one dollar; each lot or parcel of such lands exceeding one tenth and not exceed- ing one eighth of one acre in area shall be rated and assessed at the sum of one dollar and fifty cents; each lot or parcel of such lands exceeding in area one eighth of one acre and not exceeding one quarter of an acre in area shall be rated and assessed at the sum of two dollars; and each lot and parcel of such lands exceeding one quarter of .an acre and not exceeding one half of one acre in area shall be rated and assessed at the sura of two dollars and one half; and each lot or parcel of land so improved exceeding one half an acre in area shall be assessed at the rate of two dollars 90S Municipal Corporations. and one half for each half an acre, or fractional part over half an acre; and every lot or parcel of land inclosed, which may not be otherwise im- proved, or iininclosed, claimed by any persons, corporation, or association, shall be rated and as- sessed at the rate of two dollars per acre or frac- tional part over an acre; and where, upon one par- cel of land, there shall be two or more separate buildings, occupied or used ordinarily as dwell- ings, or for business purposes, each such building, for the purposes of this section, shall be consid- ered as standing on a separate lot of land, but the whole of such premises may be conveyed in one deed; which moneys so assessed shall be paid in gold and silver coin of the United States, and shall constitute a fund from which shall be reim- bursed or paid the moneys necessary to pay the government of the United States for said to^vn lands, and interest thereon, if such moneys shall have been loaned or advanced for the purpose and expenses of their location, entry, and purchase. and the costs and expenses attendant upon the making of such survey and recording thereof. Surplus. Sec. 7. Section seven of said act is hereby amended so as to read as follows: t Section 7. Any sum of money remaining, after defraying all the necessary expenses of location, entry, surveying, platting, and recording of lands, and the expenses of the superior judge hereinafter mentioned, sliall be deposited in the county treas- ury, to the credit of the fund of each particular town, and shall be liept separate by the county treasurer, to be paid out by him only on the writ- ten order of such superior judge, until after the expiration of the time for a final settlement of the affairs of such town lands, as hereinafter pro- vided, at which time any and all balances of mon- eys so remaining to the credit of each town shall be transferred by such county treasurer to the school fund of the particular school district in which said town shall be situated. Affidavits to be made by claimants of lots. Sec. 8. Section eight of said act is hereby amended so as to read as follows: Municipal Corporations. 909 Section 8. Every person, corporation, or associa- tion, claimant of any town lot or parcel of lanrl within the limits of such town site, shall present to the superior judge, within six months after the plat shall have been filed in the office of the coun- ty recorder, his, her, or their affidavit, verified in person, or by duly authorized agent, or attorney. in which shall be concisely stated the facts con- siituiiuii- tiie possession or rigiit of possession of the claimant, and that the claimant is entitled to the possession thereof as against all other per- sons, to the best of his knowledge and belief, to which shall be attached a copy of so much of the plat of said town site as will fully exhibit the particular lot or parcel of land so claimed, with the abuttals; and every such claimant, at the time^ of filing such affidavit, shall pay to such superior judge such sum of money as such judge shall thereon certify to be due for the assessment men- tioned in section six of this act, together with the further sum of five dollars, in the gold or silver coin of the United States, to be appropriated to the payment of the expenses incurred in carrying out the provisions of this act; and the superior judge shall thereupon give to such claimant a cer- tificate containing a description of the lot or parcel of land claimed, and setting forth the amounts paid thereon by such claimant. The superior judge shall procure a bound booli for each town in his county, wherein he shall malie proper entries of the sttbstantial matters contained in every such certificate issued by him, ntimbering the same in consecutive order, setting forth the name of thb claimant or claimants in full, date of issue, and description of lot or lots claimed. Assessment insufficient to pay expenses. Sec. 9. Section nine of said act is hereby amend- ed so as to read as follows: Section 9. If it shall be found that the amounts hereinbefore specified as assessments and fees for costs and expenses shall prove to be insufficient to cover and defray all the necessary expenses, the superior judge shall be and he is hereby empower- ed to estimate the deficiency, and to assess such deficiency pro rata upon all the lots and parcels 910 Municipal Corporations. of lands in such town, and to declare the same up- on the basis set down in section six of this act,, which additional amount, if any, may be paid by the claimant at the time when the certificate here- inbefore mentioned, or at the time when the deed of conveyance liereinafter provided for, shall be is- sued. When deeds to be delivered— Actions— ?vliuing claims. Sec. 10. Section ten of said act is hereby amend- ed so as to read as follows: Section 10. At the expiration of six months af- ter the issuance of the certificate mentioned in the preceding section, if there shall have been no ad- verse claim filed in the mean time, the said judge shall make, execute, acknowledge, and deliver to each claimant, or to his, her, or their heirs, ad- ministrators, or assigns, a good and sufiicient deed of the premises described in the application of the claimant originally filed. No conveyance of any such lands, made as in this act provided, shall bo deemed to conclude the rights of third persons; but such third persons may have their actions in the premises to determine alleged interest in such lands against such grantee, his heirs, or assigns, to which they may deem themselves entitled eith- er in law or equity; provided that no action for the recovery of the possession of such premises, or any portion thereof, shall be maintained in any court against the grantee named therein, or against his, her, or their assigns, unless such ac- tion shall be commenced within two years after such deeds shall have been filed for record in the office of the county recorder of the county where such lands are situated; and provided, that noth- ing herein shall be construed to extend the time of limitation prescribed by law for the commence- ment of actions upon a possessory claim or title to real estate when such action is barred by law at the time of the passage of this act; provided fur- ther, that whenever mining claims shall have been located and held bona fide for mining purposes., such mining rights, according to the metes and bounds of so located and claimed, shall not in au^ manner be affected by the provisions of this act, Municipal Corporations. 911 nor shall any sale be made, nor any title be con- veyed by reason of any sale or pretended sale of such lands so claimed for mining purposes until after the occupancy of such mining claims shall have been abandoned by the holders thereof. Adverse claims— Action for possession. Sec. 11. Section eleven of said act is amended so as to read as follows: Section 11. In all cases of adverse claims, or disputes arising out of conflicting claims to lands or boundary lines, the adverse claimants may sub- mit the decision thereof to the superior judge b> an agreement in writing, specifying particularly the subject matter in dispute, and may agree that his decision shall be final; in which case the said judge may hear the proofs and shall execute a deed in accordance therewith; but in all other cases of adverse claim, the party out of possession shall commence his action in a court of competent jurisdiction within six months after the filing of the town plat in the oflice of the county recorder. In case such action be commenced, the plaintiff shall serve a notice, lis pendens, upon the superior judge, who shall thereupon stay all proceedings in the matter of granting any certificate or deed until the final decision of such suit; and upon presejita- tion of a certified copy of the final decree of such court in such action, the superior judge shall exe- cute and deliver a deed of such premises in ac- cordance with the decree. In case no such action be commenced within the time herein prescribed, the superior judge shall deliver his deed to the party in possession, as provided in section ten of this act. Notice of filing of plat. Sec. 12. Section twelve of said act is amended so as to read as follows: Section 12. The superior judge shall give pub- lic notice, by advertisement for four weeks in some newspaper published in the county, if one there be, and if there be no newspaper published in said county, then by not less than five written or printed notices posted within the limits of such town site, that the plat thereof has been filed in the recorder's oflice; and if any person, company. 912 Municipal Coi-porations. or association, or other claimants of lands in giicb town, sliall fail, neglect, or refuse to malve appli- cation to the said superior judge for a deed of con- veyance of the lands so claimed, and to pay the sum of money specified in this act, within sl^ months after the filing of said plat, the superior judge shall enter on his book the names of all such persons, with a description of the property ot premises, and shall certify the same as delinquent for the amount of assessments certified to by such judge as due under section six of this act: and at the expiration of thirty days after making such entries, if sucli application l3e not made and such assessment be not paid, the said judge shall pro- ceed to advertise all such lots and parcels of land for sale in the same manner as real estate is re- quired to be advertised under execution. Sale of delinquent land. Sec. 13. Section thirteen of said act is amended so as to read as follows: Section 13. At the time of sale mentioned in said advertisement, said judge shall proceed to sell all such parcels of land so remaining delinquent, by public auction, to the highest bidder for cash, at some public place within the limits of said town site: and he shall give to the purchaser at such sale a certificate of his purchase, setting forth therein a description of the premises sold, the amount paid, and that the same is subject to redemption, as prescribed in the next section: pro- vided, that no sale shall be made for less than the whole amount of assessments and the costs of making the sale, which costs shall be divided pro- rata among the several parcels offered for sale. Redemption. Sec. 14. Section fourteen of said act is amended so as to read as follows: Section 14. At any time within six months after such sale the original claimant shall be entitled to redeem such premises, by pajing to the purcliaser, or to the superior judge for purchaser, double the whole amount of the purchase money, in gojd and silver coin; but in case no redemption be made the purchaser, his heirs or assigns, shall be entitled to demand and receive from the superior judge a Municipal Corporations. 913 deed of such premises, which deed shall be abso- lute as against the parties delinquent, and shall entitle the grantee, his heirs, or assigns, to a writ of assistance from the superior court having juris- diction of tiie premises. Unclaimed lands. Sec. 15. Section lifteen of said act is amended so as to read as follows: Section 15. If within six months after the giv- ing of the public notice that the plat of any town- site has been filed in the recorder's office as pro- vided in section twelve of this act, there shall re main any unoccupied, or vacant unclaimed lands, or lands not previously surveyed into town lots under the provisions of this act, and any p(>rson has hitherto or shall hereafter discover gold in any portion thereof in quantities which he may deem sufficient to .iustify the profitable working thereof (his judgment thereon to be conclusive), and has located and held the same bona fide for mining puiTposes. sucli mining possession shall constitute him a preferred purchaser thereof, from the judge of the superior court, according to the metes and bounds of his location thereof, within the meaning of this act; and he may apply to the judge of the superior court for a deed thereto, which applica- tion he shall accompany with a deposit to be held by such judge in an amount to be estimated by him sufficient to pay the expenses of a survey and the platting thereof as herein provided for. The said Superior Judge shall thereupon cause a survey and plats to be made of such mining possession, and shall cause such plats and a copy of the field notes of such survey to be filed in the Recorder's office of the county in which such town is situated in tlie manner provided in section three of this Act, and such filing shall have the effect therein provided, but the provisions of section four of this Act shall not apply to any survey made under the provisions of this section. After the filing of such plats and such copy of field notes, said judge shall sell the said land so embraced within such mining possession to the bona fide possessor thereof at a price equal to one dollar and a quarter per acre or fraction of an acre Gen. Laws— 77 914 Municipal Corporations. thereof, and the expenses of the surveying Jind phitting thereof; and in case two or more claim- ants apply for the same tract, or parcel of the same tract, said judge shall determine who is entitled thereto, and shall sell the same to the party so en- titled. If any person has hitherto or shall hereafter oc- cupy any portion of such unsurveyed lands, and shall, in good faith, make improvements thereon for any purpose other than mining, he shall have to the extent of his possession thereof the same rights and privileges hereunder as such possessor for mining purposes. And any person not in possession may, at any time, apply to such Superior Judge for a survey into lots and a platting of any such unoccupied, or vacant unclaimed lands, or lauds not previously surveyed into town lots under the provisions of this Act, and upon his depositing with such judge an amount to be estimated by him as sufficient to defray the expenses thereof, said judge may, at his discretion, cause any portion of such lands to be laid out and surveyed under his supervision into a suitable tract or lot, or into suitable bloclis and lots, as such judge shall determine, and shall re- serve such portions as shall be deemed necessary for public squares and school-house lots; and shall cause all necessary roads, streets, lanes, and alleys to be laid out through the same, and dedicated to public use: and the said judge shall, upon such sur- vey being completed, proceed in the manner pro- vided in section three of this Act to have plats made thereof in duplicate, and such plats and a copy of the field notes of such survey filed and dis- posed of as in said section three provided for, and with lilfe effect as therein given to the original plats and field notes of the survey of such town- site; and the said judge shall sell the same in suit- able parcels to the applicant for such survey, or to other parties at the price hereinbefore stated, and in case two or more parties apply for the same tract or parcel of the same tract, he shall sell the same at public auction to the highest bidder upon ten days' notice given by posting three notices of such sale in public places in such town, but no bid for less than the minimum price herein statecl shall be received at such sale. Municipal Coroporations. 915 If no sale is made, said judge may, in his dis- cretion, offer such land for sale in the same man- ner at any future time. Said judge shall execute to any purchaser, un- der tlie provision of this section, all necessary deeds of conveyance, and such deeds shall be prima facie evidence of the truthfulness of all re- citals therein contained. Any surplus left of the deposit, in this section provided to be made, sliall be returned to the de- positor thereof, after proceedings hereunder are completed. [Amendment approved March 9, 1897; Stats. 1897, cli, 90. In effect immediately.] School lots. Sec. 10. Section sixteen of said act is amended so as to read as follows: Sec. 16. All school lots and parcels of land re- served for school purposes, as aforesaid, by order of the superior judge, shall be conveyed to the school trustees of the school district in which such town is situate, without cost or charge of any kind whatever. False oaths. Sec. 17. Section seventeen is amended so as to read as follows: Sec. 17. If any person shall falsely make oath to any affidavit required to be made by this act, he or she shall be deemed guilty of perjury, and upon conviction, shall be punished accordingly. Deeds fraudulently obtained. Sec. 18. Section eighteen of said act is amended so as to read as follows: Sec. 18. If any guardian or administrator, or tenant, joint tenant, tenant in common, coparce- ner, or partner in the possession of any of the lands mentioned in this act, shall fraudulently pro- cure, or cause, permit, suffer, or allow any deed to be obtained therefor, for his or her sole benefit, or by his or her neglect allow the same to be done by others, such deed shall be null and void, and shall convey no title, and an action may be brought by any party injured or aggrieved thereby or claiming any interest in such premises, for the recovery of such interest, at any time within five years after the discovery of such fraud. 916 Municipal Corporations. Vacancy in office of jnd.2:e. Sec. 19. Section nineteen of said act is amended so as to read as follows: Sec. 19. In case a vacancy shall occur from any cause in the office of superior judge during the pendency of any of the proceedings to he taken under this act, upon the election or appointment of a successor, it shall he the duty of the county clerk to make out a certificate, under seal, show- ing the facts and name of such successor, and file the same with the county recorder, who shall re- cord such certificate in a book of deeds, and s'hall attach the original to the town-book in his office. Compensation. Sec. 20. Section twenty of said act is amended so as to read as follows: Sec. 20. For service performed under this act, the superior judge shall be entitled to receive, out of the moneys provided for, to be paid into his hands, the sum of one dollar per mile for all travel necessarily performed by him on such duty; for every deed executed by him, the sum of five dol- lars, as provided in section eight of this act, Avhich shall include the acknowledgment and revenue stamp thereon required; and for every certificate issued by him, the sum of fifty cents. Currency. Sec. 21. Section twenty-one of said act is amended so as to read as follows: Sec. 21. All moneys required to be paid by any person under this act shall be paid in gold and sil- ver coin, except that for the payment of the price of the land to the government of the United States the superior judge shall be authorized and request- ed to purchase, at the market price, so much in legal-tender notes as may be requisite therefor. Judge's account. Sec. 22. Section twenty-two of said act is amended so as to read as follows: Section 22. Every superior judge, when fulfill- ing the duties imposed upon him by the act of con- gress aforesaid, and by this act, shall keep a cor- rect account of all moneys received and paid out by him. He shall deposit all surplus moneys with the county treasurer of his county, and at the end Municipal Corporations. 917 of one year from tlie time when tlie town plat of any town shall be filed in the county recorder's office he shall settle up all the affairs pertaining to said town, and shall pay over to the county treasurer all moneys belong:in,£i- to said town, for the use and benefit of the school district in which said town may be situate; provided, that if any claims to lands in such town shall be the subject of litigation, the same shall be finally settled by such superior judcre. whenever the final decree of court shall be served upon him. Deposit of books with county clerk. Sec. 2.3. Section twenty-three of said act is amended so as to read as follows: Sec. 23. Whenever the affairs of any such town shall be finally settled and disposed of by such su- perior judge, he sliall deposit all books and papers relating thereto in the superior court of his county, to be thereafter kept in the custody of the county clerk as public records, subject to the inspection of any citizen. Informality not to injure. Sec. 24. No mere informality, failure, or omis- sion, on the part of any of the persons or officers named in this act shall invalidate the acts of such person or officer, but every certificate or deed granted to any person, pursuant to the provisions of this act, shall be deemed, taken, and considered as conclusive evidence that all preliminary ] pro- ceedings in relation thereto have been' correctly taken and performed. Proviso. Sec. 25. This act shall take effect and be in force from and after its passage; provided, that the towns of Shasta and Red Bluff shall be and are hereby excepted and exempted from the operation of its provisions. An Act to validate the organization and incorpora- tion of municipal corpci:itions. [Stat, approved March 17, 1897; Stats. 1897; chap, cxii.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. All municipal corporations, the or- 918 Municipal Corporatious. ganization and incorporation of wliicli bavo been autbenticatecl by an order of a Board of Super- visors in this State, declaring the same incorpo- rated as municipal corporations of the chis.S(!s to which such corporations may respectively belong, and a certified copy of which order has been filed by such Board of Supervisors in the oliice of the Secretary of State, showing such copy of said or- der to have been filed in said otfice, and which corporations thereafter have acted in the form and manner of municipal corporations under the pro- visions of "An Act to provide for the organization, incorporation, and government of municipiil cor- porations," approved JNIarcli thirteenth, eighteen hundred and eiglity-three, and the amendments thereto, are hereby declared to be and to have been municipal corporations from the date of til- ing the certified copy of said order of the Board of Supervisors with the Secretary of Slate; and all the acts of the said municipal corporations hereto- fore exercised ac(!ording to the Act aforesaid, are hereby validated and declared as legal. Sec. 2. This Act shall take effect from and after its passage and approval. An Act to validate proceedings for the reorganiza- tion of municipal corporations taken since the passage of the act entitled "An Act to provide for tlie organization, inct)ri)oration. and govern- ment of municipal corporations," approved March 13, 1883.1 [Approved March 10, 1889; 1889, 203.] Acts of municipal corporations validated. Section 1. All cities and counties, cities, or towns reorganized, or claiming to have been re- organized, since the passnge of the act, the title of which is recited in tlie title hereof, or wliich have attem])ted since said date to reorganize or in- corporate under the provisions of said act, and have acted as municipal corporations since such reorganization, are hereby declared to be, and to have been from the date of such reorganization, or attempted reorganization, duly and legally in- corporated and reorganized cities, and all proceed- ings for the reorganization of such municipal cor- I Municipal Corporations. 919 porations are liereby validated and declared legal. An act almost identical in language with this one was passed in 1887: Act approved March 15, 1887; Statutes 1887, 150. An act of the sajue nature but more extensive in its operation was also passed March 11, 1891; Stats. 1891, p. 92. An Act to enable cities incorporated and operating under a charter framed under section eight, article eleven, of the Constitution, to abandon and annul such charter, and organize under general laws. [Stat, approved March 27, 1897. Stats 1897; chap, cxxxviii.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. The common council, or other legisla- tive body of any city in this state, operating under a charter framed under section eight, article eleven, of the Constitution, shall have power, and it shall be their duty, whenever a petition is pre- sented to them, signed by one-half of the qualified electors of such city, by ordinance, to submit to the qualified electors of such city at any general election, the question whether such city shall abandon such charter and reorganize under the general laws of the State providing for the or- ganization, incorporation, and government of mu- nicipal corporations. Such election shall be called and held in accordance with the provisions of such charter for calling and holding elections, and if two-thirds of such qualified electors voting at such election shall vote to abandon such charter and reorganize under the general laws of the State providing for the organization, incorporation, and government of municipal corporations, such city shall, from and after the thirtieth day after such election, cease to be organized under such char- ter, and such charter shall be superseded by said general laws, and organized thereunder. In case such proposition shall fail to receive the vote of tAVO-thirds of such electors, then the proposition for the abandonment of such charter and reor- 920 Municipal Corporations. ganization nnder the .general laws shall not be a^ain submittort for two years. Sec. 2. All officers of snch city shall continue in oftice. anerate any gi-avel-bed or quarry within the county where such citj' or town is situated, and may equip and operate a plant at such gravel-bed or quarry, or within such town or city, for the purpose of break- ing, crushing, or otherwise preparing gravel or roclv to be used in making, paving, improving, or re- pairing its streets. Any such city or town may ac- quire, lease, or purchase and maintain all neces- sary roads, rights of way, and tramways over wliich to transport gravel or rock from such grav- el-bed or (luarry to such city or town, and all nec- essary appliances for that purpose. Two-thirds vote necessary. Sec. 2. No money shall be expended or expense incurred for any of the purposes set forth in sec- tion one. unless the same is authorized at a regu- lar meeting of the legislative body of such city or town, and by a vote of two-thirds of the mem- bers thereof. Sec. 3. This Act shall not extend or enlarge any limitation ui)on municipal taxation or the ex- penditure of municipal funds, now existing by reason of state laws or city charters m any of the cities or towns of this State. An Act to provide for the classification of munic- ipal corporations. [Approved March 2. 1883; 1883, 24.] Classes described. Section 1. All municipal corporations within the State are hereby classified as follows: Those hav- 922 Municipal Corporations. ing a population of more than two hundred thou- sand shall constitute the first class; those havinj? a population of more than thirty thousand, and not exceeding two hundred thousand, shall con- stitute the second class; those having a population of more than fifteen thousand, and not exceeding thirty thousand, shall constitute the third class; those having a population of more than ten thou- sand, and not exceeding fifteen thousand, shall constitute the fourth class; those having a popu- lation of more than three thousand, and not ex- ceeding ten thousand, shall constitute the fifth class; those having a population of not exceeding three thousand, shall constitute the sixth class. [Amendment approved April 1, 1897; Stats. 1897. chap, cclxii. In effect immediately.] Determination based on census. Sec. 2. The census taken under the direction of the congress of the United States In the year eight- een hundred and eighty, and every ten years thereafter, shall be the basis upon which the re- spective populations of said municipal corpora- tions shall be determined, unless a direct enumer- ation of the inhabitants thereof be made, as in this act provided, in which case such direct enum- eration shall constitute such basis. Question of reorganization. Sec. 8. The Council, Board of Trustees, or other legislative body of any municipal corporation, may at any time cause an enumeration of the in- habitants to be made, and in such manner and under such regulations as such -body may, by ordi- nance, direct." If upon such enumeration it shall appear tliat such municipal corporation contains .a sufiicient number of inhabitants to entitle it to reorganize under a higher or lower class, the Com- mon Council, Trustees, or other legislative body, shall, upon receiving a petition therefor, signed by not less than one-fifth of the qualified electors thereof, submit to the electors of such city or town, at the next general election to be held therein, or at a special election, which the legislative body of such municipal corporation may by ordinance call for that purpose, the question whether such city or town shall reorganize under the laws re- lating to municipal corporations of the class to which such city or town may belong. And there- Municipal Corporatious. 923 upon such proceedings shall be had and election held, as provided in the general law for the or- ganization, incorporation, and government of mu- nicipal corporations and not inconsistent with the provisions of this Act. If a majority of the votes cast at such election shall be in favor of such re- organization, thereafter such officers shall be elect- ed as are, or may be, at the time prescribed by law for municipal corporations of the class having the population under which such reorganization is had; and from and after the qualification of such officers, such corporation shall belong to such class. [Amendment approved March 27, 1897; Stats. 1897, chap, clxii. In effect immediately.] An Act concerning municipal corporations. [Approved March 9, 1885; 1885, 31.] Validating acts of municipal corporations. Section 1. All municipal corporations, whose in- corporation has been or may hereafter be au- thenticated by an order of any board of super- visors in this state, declaring the same incorpora- ted as a municipal corporation, and a certified copy of which order has been or may hereafter be filed by such board of supervisors in the office of the secretary of state, and which have heretofore been or may hereafter be organized under a certificate from the secretary of state, showing such order to have been filed in his office, and which thereafter have acted, or hereafter may act, in the form and manner of a municipal corporation, under the pro- visions of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March thir- teenth, eighteen hundred and eighty-three, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the board of supervisors with the secretary of state; and all the acts of said municipal corporations heretofore exercised, or which may be hereafter exercised, according to the act aforesaid, are hereby validated and declared to be legal. Sec. 2. This act shall tal^e effect immediately. 924 Municipal Corporations. An Act to promote the protection of cities, towns, and municipal corporations from overflow by water and the draina.jje of the same, and for such purposes authorizing the incurring of in- debtedness and the issuance of bonds there- for by the same, and providing for the disposi- tion of the proceeds of such bonds, and for the supervision of the protective and other works. [Stat, approved March 26, 1895. Stats. 1895, chap, cvi.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Any city, town, or municipal corpo- ration incorporated under the laws of this State may, by procedure hereinafter prescribed, incur indebtedness and liability, although in excess of the income and revenue by it provided for the cur- rent fiscal year, but not so that the aggregate funded indebtedness thereof shall exceed six per cent of the assessed value of all the real and per- sonal property in the municipality, for the purpose of protecting sucli city. town, or municipal cor- poration from overflow by water, and for the pur- pose of draining such city, town, or municipal cor- poration, and for the purpose of securing an out- let for such overflow water and drainage, or for any part of said purposes, whether by means of canals, ditches, levees, dil^es, embankments, dams, and machinery and other lilce appropriate or ancil- lary means or works, or any of the same, whether situated within or without the territorial limits of such city, town, or municipal corporation. Sec. 2. The procedure mentioned in section ono aforesaid shall be as follows, to wit: The City Council or legislative body of such city, town, or municipal corpoiation shall, first, haA'e made by some competent person general plans and esti- mates of tlie cost of such canals, ditches, levees, dikes, embankments, dams, machinery, and other means or worlvs as may be contemplated, which general plans and estimates shall, after adoption, be filed in tlie office of the Clerk of such munici- pality, and which general plans shall be substan- tially adhered to thereafter in proceedings under Municipal Corporations. 925 tliis Act. Said City Council or legislative body sliall, secondly, after the filing of such general plans and estimates, and by resolution or ordi- nance passed at a regular meeting by a vote of two thirds of all its members and approved by the ex- ecutive of the municipality, determine, if so ad- vised, that the public good demands the construc- tion, acquisition, and completion, or either, of canals, ditches, levees, dikes, embankments, dams, machinery, and other like appropriate or ancillary means, or works, or any of the same, for any or all of the purposes mentioned in section one afore- said; and shall further, by the same resolution or ordinance, determine, if so advised, that the cost of the same will be too great to be paid out of the ordinary income or revenue of the municipality; and such resolution or ordinance, shall, after its passage and approval, be published as hereinafter prescribed. Said City Council or legislative body shall, within one month after the publication afore- said, and by resolution or ordinance passed at a regular meeting by a vote of two-thirds of all its members, and approved by the executive of the municipality, call a special election, and submit ta the qualified voters of such city, town, or municipal corporation the proposition to incur a debt for any or all of the purposes mentioned in section one aforesaid, and which have been as aforesaid de- termined to be demanded for the public good. The resolution or ordinance calling such speci;^.l election shall specify the purpose for which the indebtedness is proposed to be incurred, the esti- mated cost of the things proposed, that bonds of the municipality will issue in the amount of such estimated cost, the number and character of such bonds, the rate of interest to be paid, and the amount of the tax levy for each year during the outstanding of sucli bonds to be made for their payment. Such last-named resolution or ordinance shall be published as hereinafter prescribed. Such City Council or legislative body shall cause to be published, after the publication last named and prior to the day of holding such special election, a notice of the same, which notice shall set forth substantially all the matters contained in the aforesaid resolution or ordinance calling such spe- cial election. Gen. Laws— TS 920 Municipal Corporations. Sec. 3. Every publication hereinbefore men- iioned or required shall be in some newspaper pub- lished in such city, toAvn, or municipal corporation; if in a daily paper in at least ten issues thereof, and if in a weelily paper in at least two issues thereof; and no publication shall be deemed to have begun until any one required preceding the same shall have been completed. Sec. 4. Such special elections shall be held in Ihe manner provided by law for holding elections in such city, town, or municipal corporation. Sec. 5. Tt shall require the votes of two-thirds of all the voters voting at such special election to authorize the incurring of any indebtedness or the issuance of any bonds under this Act. If two- thirds of all the votes cast at such special elec- tion be in favor of the proposition submitted, the City Council or legislative body may, by ordinance reciting the result of said election, provide for the issuance of the proposed l)onds and any matter incidental thereto. Sec. 0. All municipal bonds issued under this A.ct shall be of the kind known as serials, and of such denominations as the City Council or legis- lative body may determine; provided, that no bond shall be for less than one hundred dollars nor for more than one thousand dollars, and that not less than one-fortieth part of the whole indebtedness evidenced by the whole of the issue of such bonds shall be, by the terms of such bonds, made pay- able each and every year. Each bond shall be made payable either in gold coin or other lawful money of the United States as may be expressed in such bond, on a day and at a place designated tlierein, with interest at the rate specified therein, which rate shall not exceed seven per cent per annum, to W. fixei"! by such City (.<'uncil or legis- lative body. Said place of payment shall be either at the office of the Treasurer of the municipality, or at some designated banlv in San Francisco. Chi- cago, or New York. Said bonds shall i^e executed on the part of such munici])ality by the Mayor or other executive thereof, and by the Treasurer thereof, and countersigned by the Clerk of the mu- nicipality. The interest coupons shall be numbered consecutively and signed by the Treasurer. Sec. 7. Any of such bonds may be issued by the Municipal Corporations. 92T City Council or legislative bodj' of such city, town, 01* municipal corporation, and by the same sold, at not less than their face value; and the pro- ceeds of such sale shall be deposited in the munici- pal treasury to the credit of a designated fund and be applied exclusively to the purposes and objects for which, as aforesaid, the electors have voted to incur indebtedness or liability, until such purposes and objects shall have been accomplished, after vs'hich, the surplus, if any. may be transferred ta the General Fund of the municipality. Sec. 8. Such City Council or legislative body shall, at the time of fixing the general tax levy, and in the manner for such general tax levy pro- vided, levy and collect annually, each year, for the term of forty years, a tax sufficient to pay the annual interest on such bonds and also one-foi-ti- eth part of the aggregate amount of such indebted ness so incurred. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same man- ner as other municipal taxes are collected. Sec. 9. The City Council or legislative body of every city. town, or municipal corporation where- in or for which any public works or improvements are being had or constructed for the purposes here- inbefore specified, and for which indebtedness has been incurred under the provisions of this. Act, shall have power to make all needful rules and reg- ulations for acquisition, construction, and comple- tion of such works and improvements: to appoint all needful agents, superintendents, and engineers to supervise and construct the same, and shall have power in all lawful ways to protect and pre- S(^rve the rights and interests of the municipality In respect thereof. Sec. 10. All contracts as to said works and im- provements shall be let, in such parcels as the City Council or legislative body may determine, to the lowest responsible bidder, after notice given for at least ten days by publication in one or more newspapers published in the municipality, inviting sealed proposals. Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or pither, in such amount as such Council or legisla- 928 Municipal Corpora tions. tive body may determine, and sucli Council or lei^islative body may reject any or all bids. Sec. 11. The City Council or legislative body of the municipality may, by resolution, if it deem the same necessary, require the Treasurer of the municipality to give additional bonds for the safe custody and care of public funds derived under this Act. Sec. 12. The provisions of this Act are intended to be paramount and controlling as to all matters provided for therein and as to all questions aris- ing in or out of procedure thereunder. Sec. 13. This Act shall take effect from and af- ter the time of its passage. An Act to provide for changing the boundaries of cities and municipal corporations, and to ex- clude territory therefrom. [Approved March 19, 1889; 1889, 356.] Municipal boundaries— How changed. Section 1. The boundaries of any city or muni- cipal corporation may be altered and territory ex- cluded therefrom after proceedings had as requir- ed in this section. The council, board of trustees, or other legislative body of such corporation shall, upon receiving a petition therefor, signed by not less than one-fifth of the qualified electors there- of, as shoAvn by the vote cast at the last munici- pal election held therein, submit to the electors of such corporation the question whether such terri- tory as is proposed by such petition shall be ex- cluded from such municipal corporation, and cease to be a part thereof. Such question shall be sub- mitted at a special election to be held for that pur- pose, and such legislative body shall give notice thereof by publication in a newspaper printed and published in such corporation, or if there is no newspaper published in said corporation, then in some newspaper published in the county in which said corporation is situated, for a period of four weelis prior to sucli election. Such notice shall distinctly state the proposition to be so submitted, and shall designate specifically the boundaries of the territory so proposed to be excluded, and the electors shall be invited thereby to vote upon Municipal Corporations. 929 such proposition by placing upon their ballots the words, "For exclusion," or "Against exclu- sion," or words equivalent thereto. Such legis- lative body shall also designate the place or places at which the polls will be opened in such territory so proposed to be excluded, which place or places shall be that or those usually used for that purpose within such terri- tory, if any such there be, and for the purposes of this act, the qualified electors residing in the territory proposed to be excluded shall be entitled to vote at the polls in such territory, and not else- where. Such legislative body shall also appoint and designate in such notice the names of the of- ficers of election. Such legislative body shall meet on the Monday next succeeding the day of such election, and proceed to canvass the votes cast thereat. The votes cast in such territory so pro- posed to be excluded shall be canvassed separate- ly, and if it shall appear on such canvass that a majority of all the votes cast in such territory and a majority of all the votes in such corporation shall be for exclusion, such legislative body shall, by an order entered upon their minutes, cause their clerk, or other officer performing the duties of clerls, to make and transmit to the secretary of state a certified abstract of such vote, which ab- stract shall show the whole number of electors vot- ing in such territory, the whole number of electors voting in such corporation, exclusive of such ter- ritory, the number of votes cast in each for exclu- sion, and the whole number of votes cast in each against exclusion. From and after the date of fil- ing such abstract, such exclusion of such territory from such municipal corporation shall be deemed complete, and thereafter such territory shall cease to be a part of such municipal corporation; pro- vided, that nothing contained in this act shall be held to relieve, in any manner whatsoever, any part of such territory from any liability for any debt contracted by such municipal corporation prior to such exclusion; and provided further, that such municipal corporation is hereby authorized to levy and collect from any territory so excluded, from time to time, such sums of money as shall be found due from it on account of its just pro- portion of liability for any payment on the princi- 930 MuuiciiDal Corporations. pal or interest of such debts; sucli assessment and collection shall be made in the same manner and at the same time that such assessment and collec- tion is levied and made upon the property of such municipal corporation for any payment on account of such debts; and provided further, that any such territory so excluded from any municipal corpora- tion may at any time tender to the legislative body of such municipal corporation the amount for which such territory is liable on account of such debts, and, after such tender is made, such author- ity as is herein given municipal corporations to levy and assess taxes on such excluded territory shall cease. Rejection of application. Sec. 2. Whenever any application for expulsion or separation of territory shall be made, and pro- ceedings thereon be had pursuant to the provisions of this act, and separation or exclusion shall be de- nied, refused, or rejected, then and in such event, if any person or persons, or corporation, previous to such application, and believing the same to be separate and distinct from the city or municipality where such application is made, shall have paid, laid out. or expended moneys in the construction and establishment of sewers, streets, or parks, or either of them, within the territory which applied for separation or exclusion, such person, persons, or corporation shall be entitled, immediately after such denial, refusal, or rejection, to maintain an action of an equitable nature in the superior court in the county where such application was made, against tlie city or municipality where such ap- plication was made, to i-ecovcr against such city or municipality, the value of such improvements and expenses so incurred to be determined by three ref- erees, to be appointed by said court, and a judg- ment entered for the amount thereof against such city or municipality in favor of the person, per- sons, or corporation entitled to maintain such ac- tion hereunder. Sec. 3. This act shall take effect and be in force from and after its passage. Municipal Corporations. 931 An Act to provide for tlie alteration of the boun- daries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the districting, government, and municipal control of annexed territory. [Approved March 19, 1889; 1889, 358.] Alteration of boundaries of incorporated towns or cities. Section 1. The boundaries of any incorporated town or city, whether heretofore or hereafter formed, incorporated, reincorporated, organized, or reorganized, may be altered, and new territory an- nexed thereto, incorporated and included therein, and made a part thereof, upon proceedings being had and taken as in this act provided. The coun. cil, board of trustees, or other legislative body of any such municipal corporation, upon receiving a written petition therefor containing a description of the new territory asl^ed to be annexed to such corporation, and signed by not less than one-fifth in number of the qualified electors of such munic- ipal corporation, computed upon the number of votes cast at the last general municipal election held therein, must, without delay, submit to the electors of such municipal corporation, and to the electors residing in the territory proposed by such petition to be annexed to such corporation, the question whether such new territory shall be an- nexed to, incorporated in, and made a part of such municipal corporation. Such question shall be submitted at a special election to be held for that purpose, and no other; and such legislative body is hereby empowered to, and it shall be its duty to, cause notice to be given of such election by the publication of a notice thereof in a newspaper printed and published in such municipal corpora- tion, and also in a newspaper, if any such there be, printed and published outside of such corpora- tion, but in the county in which the territory so proposed to be annexed is situated, in each case at least once a week for a period of four successive weeks next preceding the date of such election. 982 Municipal Corporations. Such notice shall distinctly state the proposition to be submitted, i. e., that it is proposed to annex to, incorporate in, and malve a part of such municipal corporation the territory sought to be annexed, specifically describing* tlie boundaries thereof; and in said notice the qualified electors of said munici- pal corporation, and the qualified electors residing in said territory so proposed to be annexed, shall be invited to vote upon such proposition by plac- ing upon their ballots the words "For annexation" or "Against annexation," or words equivalent thereto. Such legislative body is hereby empow- ered, and it shall be its duty, to establish, and in such notice of election designate the voting pre- cinct or precincts, and the place or places at "which the polls will be opened in such territory so pro- posed to be annexed, and also in such municipal coai)oration. And such place or places shall be that or those commonly used as voting-places within such municipal corporation, and also that or those commonly used within such new territory, if any such there be. Such legislative body is empower- ed to, and it shall, appoint the officers of such elec- tion, who shall be, for each voting-place in such municipal corporation, and for such voting-place in said new territory, two judges and one inspec- tor, each of whom shall be a qualified elector of the voting precinct in which he is appointed to act as an officer of such election. The ballots used at such election, the opening and closing of the polls, and the holding and -conducting of such election, shall be in conformity, as far as may be, with the genera] laws of this state concerning elections; and the judges and inspectors of such election shall immediately on the closing of the polls, count the ballots, make up and certify the tally-sheets of the ballots cast at their respective polling-places, seal, and then immediately return the same as below provided, doing so, as nearly as practicable, in the manner provided in the election laws of this state; but the ballots, tally-sheets, and returns shall be so returned to and deposited with the clerk of such legislative body. Such legislative body shall, at the time provided for its regular meeting next after the expiration of three days from and after the date of said election, meet and proceed to open and canvass said ballots, tally-sheets, and returns; Municipal Corporations. 933 and snch canvass sliall be completed at such, meet- ing, if practicable, and in any event, as soon as practicable, avoiding adjournment or adjourn- ments, if possible, until said canvass is completed. Such canvass by such legislative body shall be con- ducted and completed as follows: The ballots cast in such outside territory so proposed to be annex- ed, together with the tally-sheets and returns be- longing therewith, shall be canvassed separately; and the ballots cast inside of said municipal corpo- ration, together with their tally-sheets and re- turns, shall be canvassed separately. Immediately upon the completion of such canvass said legisla- tive body shall cause a record thereof to be made and entered upon its minutes, showing the whole number of ballots cast in such outside territory, the whole number of ballots cast in such munici- pal corporation, the number thereof cast in each in favor of annexation, and the number thereof cast in each against annexation; and if it shall appear from such canvass that a majority of all the ballots cast in such outside territory, and a majority of all the ballots cast inside of said mu- nicipal corporation, are in favor of annexation, the clerk, or other officer performing the duties of clerk, of such legislative body, shall promptly make and certify, under the seal of said municipal cor- poration, and transmit to the secretary of state, a copy of said record so entered upon said minutes, together with a statement showing the date of said election and the time and result of said can- vass, which document shall be filed by the secre- tary of state immediately upon the receipt thereof. From and after the date of the filing of said docu- ment in the oflice of the secretary of state, the an- nexation of such territory so proposed to be an- nexed shall be deemed and shall be complete, and thenceforth such annexed territory shall be, to all intents and purposes, a part of such municipal cor- poration, except only that no property within such annexed territory shall ever be taxed to pay any portion of any indebtedness or liability of such municipal corporation contracted prior to or ex- isting at the time of such annexation. No terri- tory which, at the time such petition for such pro- posed annexation is presented to such legislative body, forms any part of any incorporated town 934 Muuicipal Corporations. or city, sliall be annexed under tlie provisions of this act. Altering boundaries of wards. Sec. 2. Tlie legislative body of any incorporat- ed town or city which is or shall be divided into wards, and to which territory has been heretofore or shall be hereafter annexed, must by ordinance either so alter the boundaries of the wards of such muuicipal corporation as to include such annexed territory in one or more wards adjoining* such an- nexed territory, or make of such annexed terri- tory one or more additional wards; provided, that the number of wards shall not be so increased as to exceed the number which such municipal corpora- tion may according to law have. In altering the boundaries of wards, or creating new wards, re- gard must be had to the number of inhabitants, so that each ward shall contain, as near as may be, an equal number of inhabitants, exclusive of persons incapable of citizenship in this state. Sec. 3. Nothing in this act provided for shall alter or affect the boundaries of any senatorial or assembly district. Expenses, how, paid. Sec. 4. All proper expenses of proceedings for annexation of territory under this act, whether such annexation shall be made and completed or not, shall be paid by the municipal corporation so annexing or attempting to annex such territory. Sec. 5. This act shall take effect and be in force from and after its approval. There was also passed at the same session the following act: — An act to provide for changing the boundaries of cities and municipal corporations, and to ex- clude territory therefrom. [Approved March 20, 1889; 1889, 433.] Exclusion of territory and changing boundaries of municipal corporations. Sec. 1. The boundaries of any city or munici- pal corporation may be altered, and territory ex- cluded therefrom, after proceeding had, as re- Municipal Corporations. 935 quired in this section. The council, board of trustees, or other legislative l)ody of such corpora- tion, shall, upon receiving a petition therefor, signed by not less than one fifth of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such corporation the question whether such territory as is proposed by such petition shall be excluded from such municipal corpora- tion and cease to be a part thereof. Such ques- tion shall be submitted at a special election to be held for that purpose, and such legislative body shall give notice thereof by publication in a news- paper printed and published in such corporation for a period of four weel^s prior to such election. Such notice shall distinctly state the proposition to be so submitted, and shall designate specifi- cally the boundaries of the territory so proposed to be excluded. And the electors shall be invited thereby to vote upon such proposition by placing upon their ballots the words "For exclusion" or "Against exclusion," or words equivalent thereto; such legislative body shall also designate the place or places at which the polls will be opened in such territory so proposed to be excluded, which place or places shall be that or those usual- ly used for that purpose within such territory, if any such there be, and for the purposes of this act, the qualified electors residing in the terri- tory proposed to be excluded shall be entitled to vote at the polls in such territory, and not else- where. Such legislative body shall also appoint and designate in such notice the names of the officers of election. Such legislative body shall meet on the Monday next succeeding the day of such election, and proceed to canvass the votes cast thereat. The votes cast in each territory so proposed to be excluded shall be canvassed sep- arately, and if it shall appear on such canvass that a majority of all the votes cast in such terri- tory, and a majority of all the votes in such cor- poration, shall be for exclusion, such legislative body shall, by an order entered upon their min- utes, cause their clerk, or other officer performing the duties of clerk, to make and transmit to the secretary of state a certified abstract of such vote, which abstract shall show the whole number 93C MuDicipal Coii)orations. of electors voting in sucli territory, the whole number of electors voting in such corporation ex- clusive of such territory, the number of votes cast in each for exclusion, and the whole number of votes cast in each against exclusion. From and after the date of filing such abstract, such exclu- sion of such territory from such municipal cor- poration shall be deemed complete, and thereafter such territory shall cease to be a part of such municipal corporation; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of such terri- tory from any liability for any debt contracted by such municipal corporation prior to such exclu- sion: and provided further, that such municipal corporation is hereby authorized to levy and col- lect from any territory so excluded, from time to time, such sums of money as shall be found due from it on account of its .iust proportion of lia- bility for any payment on the principal or interest of such debts. Such assessment and collection shall be made in the same manner and at the same time that such assessment and collection is levied and made upon the property of such muni- cipal corporation for any payment on account of such debts; and provided further, that any such territory so excluded from any municipal corpora- tion may at any time tender to the legislative body of such municipal corporation the amount for which such territory is liable on account of such debts, and after such tender is made, such authority as is herein given municipal corporations to levy and assess taxes .on such excluded territory shall cease. See. 2. This act shall take effect and be in force from and after its passage. An act providing for the adjustment, settlement, and payment of any indebtedness existing against any city or municipal corporation at the time of exclusion of territory therefrom, and the division of the property thereof. [Approved March 25, 1893; Stats. 1893, p. 536.] Sec. 1. That where any territory has been or shall be excluded from any city or municipal cor- Municipal Corporations 937 poratiou, the superior court of the county in which such city or municipal corporation is situate shall, upon a verified petition of any ten tax-payers re- siding in such city or municipal corporation, or in the territory excluded, made for the purpose of ad- justing the amount of the indebtedness of such city or municipal corporation existing at the time of the exclusion of such territory due from the excluded territory, and stating the facts of such exclusion and the amount of such indebtedness, cause notice to be given by publication thereof in a newspaper published in such city or municipal corporation, or in a newspaper published in the county in which such city or municipal corpora- tion is situated, for ten days, stating the substance of such petition, and the time and place that the same shall be heard by said superior court, which time of hearing shall be at least fifteen days after the filing of such petition, or at any time there- after to which such hearing may be continued by the court. Any person, corporation, or tax-payer interested in such city or municipal corporation, or in such excluded territory, or in the adjustment and set- tlement of such indebtedness, may demur to or answer said petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not in conflict with the provisions of this act, are hereby made api)licable to the special proceedings herein provided for. The persons so demurring or answering said petition shall be the defendants to said special proceedings, and the signers of the petition shall be the plaintiffs. tJpon the hearing of such special proceedings, the court shall have power to determine the amount due from such excluded territory to the city or municipal corporation from which it was excluded as its proportion of the indebtedness of such city or municipal corporation existing at the time such territory was excluded. In fixing the amount due from such excluded territory, the said court must ascertnin and find the purposes for which the said indebtedness was created; the man- ner and place in which the proceeds of said in- debtedness were expended; the value of the prop- erty belonging to the said city or municipal cor- poration at the time of such exclusion; the as- Gen. Laws— 79. 938 Municipal Corporations sessed value of the property situate in said city or municipal corporation at the time the city assess- ment was made immediately preceding such ex- clusion, and the assessed value of the excluded ter- ritory as shown by such city assessment. If the value of the property belonging to said city or municipal corporation, and which remains within tlie boundaries thereof after such exclusion, should exceed the value of city or municipal prop- erty situated in such excluded territory, and also exceed the pro rata portion of the indebtedness ol the city or municipal corporation due from such excluded territory as shown by said assessment, the court shall find and adjudge that there is nothing due from such excluded territory. After such finding is made, and judgment rendered by the court, such excluded territory shall not be sub- ject to the payment of any such indebtedness, and all property belonging to such city or municipal corporation remaining within its boundaries shall belong exclusively to it. If the court finds, after deducting the value of the city or municipal property from the value of that in the excluded territory, and the pro rata portion of the indebtedness to be borne by such excluded territory, a balance due from such excluded terri- tory, it sliall render judgment accordingly, and the amount of such judgment shall be collected and paid in the same manner and at the same time that the assessment is levied for, and the col- lection of the annual municipal taxes is made up- on the property remaining in such city or munici- pal corporation for any payment on account of such indebtedness; provided, however, that any sucli territory excluded from any city or munici- pal corporation may, at any time, tender to the leg- islative body of such city or municipal corpora- tion the amount for which such excluded territory is liable on accounf of such indebtedness, and af- ter such tender is made the autliority of such city or municipal corporation to levy and assess taxes on such excluded territory shall forever cease. Sec. 2. This act shall take effect and be in force from and after its passage. Municipal Corporations. 939 An Act to enable the board of supervisors, town council, board of aldermen, or other legisla- tive body of any city and county, city, or town, to obtain data and information, from any cor- poration, company, or person supplying water to such city and county, city, or town, requir- ing such boards, town council, or other legis- lative body to perform the duties prescribed by section one of article fourteen of the consti- tution, and prescribing penalties for the non- performance of such duties. [Approved March 7, ISSl; Stats. 1881, p. 54.] See this act, post, title. Water Companies. An Act to authorize municipal corporations of the fifth class, containing more tlian three thous- and and less than ten thousand inhabitants, to obtain public water- works. [Approved March 9, 1885; 1885, 42.] This act was repealed by an act approved March 19, 1889; Stats. 1889, p. 399. See, also, the statutes of 1891, p. 84. An act to ratify and confirm the conveyance of cer- tain property to trustees for charitable or edu- cational purposes by the city council or trus- tees of any city of less than fifty thousand inhabitants, or of any incorporated town. [Approved March 8, 1889; 1889, 94.] Confirming conveyance of property for charitable or educational purposes. Section 1. Whenever the city council or trus- tees of any city of less than fifty thousand inhab- itants, or of any incorporated town, has by deed of trust conveyed property, or any portion there- of, that has been set apart for a public park, to trustees, for charitable or educational uses, such conveyance is hereby ratified and confirmed; pro- 940 Napa County— National Guard. vided, that no institution now existing or to be established on such property shall be private in its benefits, or sectarian in its work or teachings, or be to any extent under the management or con- trol of or in any way tributary to any religious creed or order, church, or sectarian denomination Avhatsoever; provided further, that land so con- veyed shall be Ivept open as public grounds by the trustees of such institutions as are or may be placed thereon, and that the public visitation of such grounds shall not be restricted, excepting by such reasonable regulations as park property and the proper maintenance of such institutions may require; provided further, that property so con- veyed shall revert to the grantors, whenever and so' far as the grantees do not use the same in ac- cordance with the stipulations of the deed of trust and with the requirements of this statute. Sec. 2. This act shall take effect immediately. TITLE 192. NAPA COUNTY. A reference to county special laws relating to Napa is contained in Deering's Annotated Pgnal Code, pp. 641 and 642. TITLE 193. NATIONAL GUARD. Acts relating to: See Political Code, Appendix, title, National Guard, p. 1046. Naval Battalion— OflScers. 941 TITLE 194. NAVAL BATTALION. ^^ Acts relating to: See Political Code, Appendix, title, Naval Battalion, p. 1047. TITLE 195. NEVADA COUNTY. A reference to special laws relating to Nevada county is contained in Deerinj^'s Annotated Penal Code, pp. G42-644. See also "An act authorizing incorporated cities to acquire, by gift, purchase or condemnation proceedings, water, water-i'ights, reservoir sitesi, rights of way, and other appliances for supplying such cities and their inhabitants with water." [Approved March 14, 1891, Stats, 1891, p. 102.] TITLE 196. NORMAL SCHOOLS. Acts relating to: See Political Code, Appendix, title, Normal Schools. TITLE 197. NOTARIES. Act relating to: See Political Code, Appendix, title. Notaries, p. 1050. TITLE 198. OFFICERS. ^^ Acts relating to: See Penal Code, Appendix, ti- tle, Officers, p. 5S6; Political Code, Appendix, ti- tle, Officers, p. 1051. \ -kc ' >k ' 942 Oleomargarine— Ordinances. TITLE 199. OLEOMARGARINE. Acts relating to: See Penal Code, Appendix, ti- tle, Oleomargarine, p. 58 <. TITLE 200. OLIVE OIL. Act regulating sale of invitation: See Penal Code, Appendix, title, Olive Oil, p. 590. TITLE 201 ORANGE COUNTY. An Act to create the county of Orange, to define the boundaries thereof, to determine the county- seat by an election, and to provide for its or- ganization and election of officers, and to class- ify said county. [Approved March 11, 1889; 1889, 123.] Consult the statutes of 1889 for the act. ^■^ TITLE 202. ORDINANCES. An Act to require ordinances and resolutions nassed by the City Council or other legislative body of any municipality to be presented to the Mayor or other chief executive officer of such municipality for his approval. [Stat, approved March 27, 1897. Stats. 1897, chap< cxxix. The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Every ordinance and every resolu- tion of the City Council of any municipality pro- Ordinances. 943 viding for any specific improvement, or tlie grant- ing of any franchise, or other privilege, or affect- ing real property interests, or the expenditure of more than one hundred dollars of the public mon- eys, or levying tax or assessment, or establishing rates for artificial light, and every ordinance or resolution imposing a duty or penalty, which shall have passed the ('ity Council, shall, before it takes effect, be presented to the Mayor for his approval. The Mayor shall return suf^h ordinance or resolution to the City Council within ten days after receiving it. If he approve it he shall sign It, and it shall then take effect. If he disapprove it he shall specify his objections thereto in writing. If he do not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. The objections of the Mayor shall be entered at large on the journal of the City Council, and the City Council shall cause the same to be immediately published. The City Council shall, after five, and within thirty days after such ordinance or resolution shall have been returned with the Mayor's disapproval, recon- sider and vote upon the same; and if the same shall, upon reconsideration, be again passed by the affirmative vote of not less than three-fourths of all the members, the presiding officer shall certify that fact on the ordinance or resolu- tion, and when so certified, it shall take effect as if it had received the approval of the Mayor; but if the ordinance or resolution shall fail to receive upon the first vote thereon after its return with the Mayor's disapproval, the affirma- tive votes of three-fourths of all the members, it shall be deemed finally lost. The vote on such re- consideration shall be taken by ayes and noes, and the names of the members voting for o^ against the same shall be entered in the journal; provided, that the provisions of this section shall not apply to cities in which the Mayor is a mem- ber of the City Council, or other governing body. Sec. 2. The word "municipality," and tlie word "city," as used in this Act, shall be understood and so construed as to include, and is hereby de- clared to include, all corporations heretofore or- ganized and now existing, and those hereafter or- ganized, for municipal purposes. Sec. 3. The term "City Council" is hereby de 944 Orphans. Glared to include any body or board which, under the law, is the legislative department of the gov- ernment of any city. Sec. 4. In municipalities in which there is no Mayor, then the duties imposed upon said officer by the provisions of this Act shall be performed by the President of the Board of Trustees, or other chief t.'xecutive officer of the municipality. Sec. o. This Act shall take effect and be in force from and after its passage, and all Acts and parts of Acts in conflict with this Act are hereby re- pealed. TITLE 203. ORPHANS. Acts relating to: See Civil Code, Appendix, ti- tle. Infancy, p. 775 et seq. Consult, also, the fol- lowing act's: An act to appropriate funds for the relief of the several orphan asylums of this state. [Approved xVpril, 1872; Stats. 1871-2, p. G44.] An act to appropriate money for the support of orphans, half -orphans, and abandoned children. [Approved March 25, 1880; 1880, 13 (Ban. ed. 48).] These acts appropriated under certain limita- tions from the general funds a sum at a certain rate per child for each child maintained in institu- tions. They have not been repealed, but Governor Budd vetoed an appropriation under it in 1895, Statutes 1895, p. 200, and no appropriation was made under it in 1897. An act in relation to the care of orphan and abandoned children. [Approved March 7, 1874; 1873-4, 297.] An act to authorize managers of orphan asylums to give their consent to the adoption of certain children under their care. [Approved April 1, 1878; 1877-8, 963.] Oysters — Pharmacy. 945 TITLE 204:. OYSTERS. ; The Political Code, section 19, and the Penal / Code, section 23, expressly continued in force an / act concerning? oysters, passed April 28, 1851, 432, / and an act concerninj? oyster beds, approved April 2, 1866 , 1865-6, 848; but both those acts / were repealed by the following act, which is now i in force: ^ £>^ An act to encourage the planting and cultivation \ of oysters. [Approved March 30, 1874; 1873-4, 940.] The object of the act sufficiently appears in the title. TITLE 205. PHARMACY. 1' An act to regulate the practice of pharmacy andW-' sale of poisons in the state of California. \ [Approved March 11, 1891; Stats. 1891, p. 86.] '^ Section 1. From and after the first day of Jan- '1 . uary, A. D. eighteen hundred and ninety-two, it y shall be unlawful for any person to conduct any pharmacy or store for dispensing or compounding medicines, unless such person be a registered pharmacist, within the meaning of this act; and it shall be unlawful for any person to compound or dispense any physician's prescription, unless such person be a registered pharmacist or a reg- istered assistant pharmacist, within the meaning of this act, except as hereinafter provided. Sec. 2. Any person, in order to be a registered pharmacist, must be a graduate of pharmacy, a licentiate in pharmacy, or a practicing pharmacist. Sec. 3. Graduates in pharmacy are persons who have had four years' experience in stores where the prescriptions of medical practitioners are com- pounded, and each must have obtained a diploma from a legally constituted college of pharmacy. 946 Pharmacy. Licentiates in pliarmacy are persons who have had four years' experience in stores where the prescriptions of medical practitioners are com- pounded, and shall have passed an examination before the state board of pharmacy, or who shall present satisfactory credentials or certificates of their attainments to the said board. Practicing pharmacists are persons who, at the passage of this act, are conducting pharmacies in this state for compounding and dispensing of prescriptions of medical practitioners, and for the sale of med- icines and poisons. Assistant pharmacists are persons of not less than eighteen years of age who are employed by registered pharmacists, have studied the art of pharmacy for two years, and have passed an examination by the board of phar- macy, or who, prior to the passage of this act, have had three years' experience in pharmacies. Sec. 4. Every pharmacist claiming the right of registration under this act shall, on or before the first day of January next after its passage, for- ward to the board of pharmacy satisfactory proof that he was engaged in the business of pre- paring and dispensing medicines and physicians' prescriptions at the time of passage of this act, or that he is otherwise entitled to registration un- der its provisions. The board of pharmacy shall then issue to said applicant, upon his paying the sum of five dollars, a certificate of registration. Any practicing pharmacist failing to comply with the requirements of this section within sixty days from and after the first day of .January, eighteen hundred and ninety-two. shall forfeit his right to registration, and shall appear for examination, as provided for in this act. Sec. 5. Every assistant pharmacist claiming right of registration under this act. without pass- ing an examination by the board of pharmacy, shall, on or before the first day of .January next after the passace, forward to the board of phar- macy satisfactory proof that he has had three years' experience in dmsr stores where physicians* prescrintions are prepared: the board of pharma- cy shall then issue to said applicant, upon his pay- ing the sum of o^ne dollar, a certificate of registra- tion as assistant Pharmacist. Any assistant fail- ing to comply with the requirements of tliis sec- tion, within sixty days from and after the first Piiarmacy. 947 day of January, eigliteeu Imudred and ninety-two, shall torteit nis rignt to re^iistnition, witnout pass- ing tlie examination provided for in this act. No registered assistant shall conduct a pharmacy or be granted a certihcate as a registered pnarmacist until he has passed the examination for licentiate in pharmacy, as required by this act. Sec. (j. Within thirty days after the passage of this act, and every fourth year thereafter, the gov- ernor shall appoint seven competent pharmacists, residing in diif erent parts of the state, to serve as a board of pharmacy. The members of this board shall, within tiiirty days after their appointment, individually talie and subscribe, before the coun- ty clerk in the county in which they individually reside, an oath faithfully and impartially to dis- charge the duties prescribed by this act. They shall hold office for the term of four years, and until their successors are appointed and qualified. In case of vacancy in the board of pharmacy, the governor shall fill the same by appointing a mem- ber to serve for the remainder of the term only. The office of said board shall be located in San Francisco. The board shall organize by electing a president and a secretary, the latter to be ex officio treasurer of the board. Four members of the board shall constitute a quorum. They shall meet at least quarterly, and have power to make by-laws for the proper fultillment of their duties. The duties of the board shall be to transact all business pertaining to the legal regulations of the practice of pharmacy; to investigate all complaints respecting non-compliance with the violations of the provisions of this act, and to bring the same to the notice of the proper prosecuting officer, whenever there appears to the board to be rea- sonable grounds for such action; and to examine and register as pharmacists, or assistant pharma- cists, all applicants whom it shall deem qualified to be such, respectively. All persons, on applying for examination or registration, shall pay to the secretary a fee of five dollars for licentiate, and two dollars for assistants; and on passing the ex- amination they shall be ftirnished with a certifi- cate signed by the secretary and examiners. In case of failure to pass, the board shall grant a second examination within one year without any additional fee being charged. Every registered 948 Pharmacy. pharmacist who desires to continue the practice of his profession in this state shall, annually, on such date as the board of pharmacy may deter- mine, pay to the secretary of the said board a registration fee, to be fixed by the board, but which shall in no case exceed the sum of two dol- lars per annum, for which he shall receive a re- newal of said registration. Every registered as- sistant pharmacist who desires to continue the practice of his profession in this state shall, annu- ally, on such date as the board of pharmacy may determine, pay to the secretary of said board a registration fee, to be fixed by the board, but wliich shall in no case exceed the sum of one dol- lar per annum, for whicli he shall receive a renew- al of said registration. The board shall render an annual report of its proceedings to the governor of the state. [Amendment approved March 3, 1893; Stats. 1893, p. 68.] Sec. 7. It shall be the duty of the secretary to keep a book of registration open at the city of San Francisco, of which due notice shall be given through the public press or by mail, in which book shall be entered, under the supervision of the board, the names, titles, qualifications, and places- of business of all persons coming under the pro- visions of this act. The secretary shall give re- ceipts for all money received by him, and dis- burse the same by order of the board for neces- sary expenses, talvins' proper vouchers therefor. The balance of said moneys, after paying the ex- penses of the board, he shall pay to the state treasurer, who shall keep it as a special fund to be used in carrying out tlie provisions of this act. Sec. 8. The members of the board of pharmacy shall each be paid the sum of five dollars per diem for every meeting of the board which they at- tend, and the secretary shall receive such addi- tional compensation as the board may direct. All compensation of members and other expenses of the board of pharmacy sliall be paid out of the ex amination and registration fees and fines. Sec. 9. No person shall add to or remove from, or cause to be added to or removed from, any drug, chemical, or medicinal preparation, any in- gredient or material for tlie purpose of adultera- tion or substitution, or which shall deteriorate the quality, commercial value, or medicinal effect, or Pliarmacy. 949 alter the nature or composition of such article; and no person shall knowingly sell, or offer for sale, any such adulterated, altered or substituted drug, chemical, or medicinal preparation, with- out informing the purchaser of the adul- teration or sophistication of the article sold or offered for sale. Every registei*ed pharmacist shall file or cause to be filed all phy- sicians' prescriptions compounded or dispensed in his pharmacy or store; they shall be preserved for two years, and he shall furnish a correct copy of any prescription, upon the order or request of the attending physician. Any person who shall willfully violate any of the provisions of this sec- tion shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to all costs of the action, and for the first olfense be liable to a fine not exceeding fifty dollars, and for each subse- quent offense a fine of not less than fifty nor more than one hundred dollars, said fines to be paid over to the board of pharmacy. On written complaint being entered against any person or persons, charging them with specific violation of any of the provisions of this act, the board of pharmacy is hereby empowered to delegate one of its members, or other suitable person, who shall have authority to inspect drugs, chemicals, or medicines, and to make a thorough investigation of the case: he shall then report the result of his investigation, and if such report justify such ac- tion the board shall notify the prosecuting attor- ney or district attorney, who shall prosecute the offender according to law. Sec. 10. It shall be unlawful for any person to retail any poisons enumerated in schedules "A" and ''B," appended to this act, without labeling the box, bottle, or paper in which said poison is contained with the name of the article, the word "Poison," and the name and place of business of the seller. Nor shall it be lawful to sell or deliver any poison named in schedules "A" and "B," un- less, on inquiry, it is found that the person is aware of its poisonous character, and that it is to be used for a legitimate purpose. Nor shall it br- lawful to sell or deliver any poison included in schedule "A" without making, or causing to be made, an entry in a book kept for that purposo only, stating the date of sale, and the name and Gen. Laws— 80 950 Pharmacy. address of purchaser, the name and quantity of the poison sold, the purpose for which it is stated Iby the purchaser to be required, and the name of the dispenser; said book to always be open for in- spection by the proper authorities, and to be pre- served for at least five years. The provisions of this section shall not apply to the dispensing of poisons when prescribed by practitioners of medi- cine, nor to the sale of poisons, if a single bottle or pacliage does not contain more than an ordinary dose. Dealers shall affix to every bottle, box, parcel, or other in- closure of an original package containing any of the articles named in schedules "A" and "B" of this act, a suitable label or brand with the word "Poison," but they are hereby exempted from the registration of the sale of such articles when sold at wholesale, or to a registered pharmacist or physician. Any person failing to comply with the requirements of this section shall be guilty of misdemeanor, and upon conviction shall be liable to a tine not exceeding fifty dollars. Sec. 11. Any person that shall attempt to pro- cure registration for himself, or for any other person under this act, by making, or causing to be made, any false representations, or who shall fraudulently represent himself to be registered, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in a sum not exceeding two hundred dollars. Any register- ed pharmacist who shall permit the compounding and dispensing of prescriptions of medical practi- tioners in his store by persons not registered, ex- cept by junior assistants under the direct super- vision of registered persons, or any person not registered who shall retail medicines or poisons, except in a pharmacy under the supervision of a registered pharmacist or a registered assistant pharmacist, and any registered person who shall fail to comply with the regiilations of this act, shall be guilty of a misdemeanor, and upon con- viction thereof be fined not exceeding fifty dollars. Nothing in this act shall apply to or interfere with the business of any practitioner of medicine who does not keep a pharmacy or open shop for the re- tailing of medicines or poisons, nor with the ex- clusive wholesale business of any dealer, except that portion of section ten which relates to mark- ing or labeling certain poisons mentioned in this Pilots— Placer County. 951 act. Nor shall general dealers come under the provisions of this act, in so far as it relates to the keeping' for sale of proprietary medicines in orig- inal packages of drugs and medicines; but in no case shall they compound or prepare any phar- maceutical preparations or prescriptions. Sec. 12. All persons registered under this act shall be exempt and free from juiy duty. SCHEDULE "A." Arsenic, corrosive sublimate, cyanide of potas- sium, hj'drocyanic acid, strychnia, cocaine, and all other poisonous vegetable alkaloids and their salts, opium, and all its preparations, excepting those which contain less than two grains to the ounce. SCHEDULE "B." Aconite, belladonna, colchicum, conium, nux vomica, savin, cantharides, phosphorus, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral, sulphate of zinc, sugar of lead, mineral acids, carbolic acid, and oxalic acid, white precipitate, red precipitate, biniodide of mercury, essential oil of almonds. All acts or parts of acts which conflict with this are hereby repealed. Poisons: See Post, title, Poisons. TITLE 20G. PILOTS. Y Acts relating to: See Political Code, Appendix, title. Pilots, p. 1058. TITLE 207. PLACER COUNTY. A reference to special acts relating to Placer county is contained in Deering's Annotated Penal Code, pp. 650 and G51. See, also, an act authorizing the trustees of Au- burn to remove a cemetery and donate the land for a park, approved March 26, 1895; Stats. 1895, p. 109. 952 Plumas County— Police Courts. 4 \/ TITLE 208. PLUMAS COUNTY. A reference to special acts relating to Plumas county is contained in Deering's Annotated Penal Code, pp. 651 and 652. V TITLE 309. POISONS. §. J_ Act regulating sale of: See ante, title, Pharmacy; 1/ '^v the former act was an act to regulate the sale of . •O certain poisonous substances. [Approved April n(V. 16, 1880; 1880, 102 (Ban. ed. 341).] '^ For other acts relating to Poisons see Penal Code, Appendix, title Poisons, p. 593. TITLE 210. POLICE. ' Acts relating to: See Penal Code, Appendix, ti- tle Police, p. 595. TITLE 211. POLICE COURTS. An Act to establish a police court in and for the city of Marysville. [Approved March 16, 1889; 1889, 214.] t,^5.'An Act to provide for police courts in cities hav- M ing fifteen thousand and under eighteen thou- sand inhabitants. [Approved March 31, 1891; Stats. 1891; p. 433.] This act was declared unconstitutional in Giam- bonini, ex parte, decided July 16, 1897. Police Department. 953 A.I1 Act to create a police court in and for the city and county of San Francisco, M^te of California. / [Approved March 5, 1889; 1889, 62.] An act amendatory of and^ supplemental to an act entitled "An act to create a police court in and for the city and county of San Francisco, state of California," approved March 5„ 1889, and providing- for an additional depai;tihent, to \)q known as department number four, ,and the appointment of a suitable person tO' act as judge of said court. [Approved February 23, 1893; Stats. 1893, p. 9.] An act to create an additional police judge's court for the city and county of San Francisco, to define its powers and jurisdiction. [Approved March 7, 1881; Stats. 1881 74.]"^^ An act to provide for police courts in cities Javin^ thirty thousand and under one hundred thou- sand inhabitants, and to provide for hfShev^ thereof. m' , [Approved March 18, 1885; 1885, 213 j , This act was amended March 31, 1891 ; ^tats. v^ 1891, p. 252; February 27, 1893; Stats. 1893, t. 41; \. and March 6, 1895; Stats. 1895, p. 113. ' ^ ^ An act establishing a police court in Eureka. (^^ [Approved March 26, 1895; Stats. 1895, p. 90.] TITLE 212. POLICE DEPARTMENT. Acts relating to: See Political Code, Appendix,, title. Police Department, p. 1058. / ^(LCML'iI^ :95'1 Protection Dstricts. TITLE 213. PREDACEOTJS INSECTS. An act to appropriate five thousand dollars for the purpose of sendins: an expert to Australia, New Zealand, and adjacent countries to collect and im- port into this state parasites and predaceous in- sects. [Approved March 31, 1891; Stats. 189], p. 277.] The object of the act sufficiently appears from the title. TITLE 214. PRIZE FIGHTING. Act relatins? to: See Penal Code, Appendix, ti- tle, Prize Flighting, p. 606. TITLE 215. PROSTITUTION. Act relating to: See Penal Code, Appendix, ti- tle, Prostitution, p. 606. TITLE 216. PROTECTION DISTRICTS. An act to provide for the formation of protection districts in the various counties of this State, for the improvement and rectification of the channels of innavigable streams and vsrater- courses, for the prevention of the overflow /s^M;hereof, by widening, deepening, and straight- r S eniug and otherwise improving the same, and vT to authorize the Boards of Supervisors to levy and collect assessments from the property ben- efited to pay the expenses of the same. ^ [Stat. Approved March 27, 1895; Stats. 1895, chap, cci.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Whenever the Board of Supervisors Protection Districts. 955 of any comity in this State may deem it proper to improve and rectify the cliannel of any innavi- gable stream or watercourse within the county, and to prevent the overflow of sucli stream by wi- dening, deepening, or straightening its course, or by erecting- levees or dil^es upon its banks, the Board may. upon a petition of ten property hold- ers of the district to be affected by such improve- ments, pass a resolution signifying its intention to improve such innavigable stream or water- course, describing the exterior bounda- ries of the district of lands to be affected or ben- efited by such work or improvement, and to be as- sessed to pay the damages, cost, and expenses thereof, the character of w^ork or improvement contemplated, and the place where the proposed work or improvement is to be done. Such resolu- tion shall also contain a notice, to be published, which notice shall be headed "Notice of Intention of the Board of Supervisors to form a Protection District," and shall state the fact of the passage of such resolution, with the date thereof, and briefly, the work or improvement proposed, and the statement that it is proposed to assess all property affected or benefited by such improve- ment for the expenses thereof, and refer to the resolution for further particulars. Such notice to be .given by the Board of Supervisors, and signed by its clerk. Sec. 2. Such notice shall be published for a period of thirty days, in one daily newspaper pub- lished and circulated in such county, and desig- nated by said board of supervisors; or if there is no daily newspaper so published and circu- lated in said county, then by four successive in- sertions in a weekly or semi-weekly newspaper so published, circulated, and designated. Sec. 3. Any person interested, objecting to such work or improvement, or to the exteitt of the district of lands to be affected or benefited by! such work or improvement, and to be assessed to pay the costs and expenses thereof, may make Avritten objections to the same within ten days after the expiration of the time of the publica- tion of said notice, which objection shall be deliv- ered to the clerk of said board of supervisors, who shall indorse thereon the date of its reception by him, and at the next regular meeting of such 956 Protection Districts. board of supervisors, or at an adjourned meet- ing, or a special meeting called for that purpose, after the expiration of said ten days, lay such ob- jections before said board of supervisors, which shall fix a time for hearing said objection, not less than fifteen days thereafter, and direct its clerli to notify each person objecting of such day fixed for hearing, by depositing a notice thereof in the post office at the county seat of such coun- ty, postage prepaid, addressed to such person ob- jecting, which said notice shall be deposited in the post office not less than ten days before the day set for hearing. Sec. 4. At the time specified or to which the hearing may be adjourned, the board of super- visors shall hear the objections urged and pass upon the same. Such board may, in its discretion, sustain, in whole or in part, any or all of the ob- jections made and filed, and may change or alter the boundaries of such district to conform to the needs of the district, and may, in their discretion, declare sucli protection district formed as a sub- division of such county, and shall designate such district by name as the Protection District of County, and thereafter the board of super- visors shall be deemed to have acquired jurisdic- tion to purchase or receive by donation, in the name of the district, any real or personal prop- erty necessary to properly carry out the purposes of the formation of such district, under the same rules as govern the purchase of property in the name of the county; but no district shall be form- ed wherein a majority of the property holders within its limits protest in writing against such action. Sec. 5. The board of supervisors of such coun- ty shall also have poAver to condemn land for the purpose of widening, deepening, or straightening any innavigable stream flowing through such pro- tection district, and for tliat purpose all of the provisions of part three, title seven, of the Code of Civil Procedure are hereby made applicable to the exercise of the right of eminent domain for such purposes, or to any puiTpose necessary to the needs of such district when formed. Sec. 6. Having acquired jurisdiction, as pro- vided in section four hereof, the board of super- visors shall cause a survey of said contemplated improvement to be made, or adopt a survey al- rrotectioD Districts. 957 ready made; and a map of the survey must be adopted by such board, and thereafter such sur- vey and map shall be the plans to be followed in making such improvements; provided, that at any time after the adoption of such survey and map, and before any commissioners' report of the as- sessment of benefits and award of damages has been finally adopted and confirmed by the board of supervisors as provided for by section sixteen of this act, said board of supervisors may rescind their action in adopting such survey and map, and may adopt others in place thereof, or, by the affirmative vote of not less than four-fifths of all its members, said board m.ay abandon its contem- plated improvement and disorganize and abolish such protection district, in which case the pre- liminary expenses already incurred for advertis- ing and surveying shall be a county charge. [Amendment approved March 27, 1897; Stats. 1897, chap, clxiii. In effect immediately.] Sec. 7. After adopting such survey, the board of supervisors shall appoint three commissioners to assess benefits and damages, to estimate the to- tal cost of making the proposed improvements and performing such proposed work, which estimate shall include all expenses of every kind incurred or to be incurred, either directly or indirectly, in carrying out the said work and improvements. Be- fore entering upon the discharge of their duties as such commissioners, they shall each take and subscribe to an oath to perform the duties of such commission to the best of their abilities, and shall each file, with the clerk of the board of supervis- ors, a bond to the state of California, in the sum of three thousand dollars, to faithfully perform the duties of his office as such commissioner, which said bond must be approved by the chairman of the board of supervisors. The board of supervis- ors may. at any time, remove any or all of said commissioners for cause, upon reasonable notice and hearing, and may fill any vacancies occurring among them from any cause. Sec. 8. The commissioners shall have all pow- ers necessary and proper to carry out the pro- visions of this act. and the act of a majority shall be the act of the board. Sec. 9. All such charges and expenses shall be deemed as expenses of said work or improvement, 958 Protection Districts. and be a charge only upon the funds devoted to the particular work or improvement as provided hereafter. All claims, as well for the land and improvements taken or damaged as for the charges and expenses, shall be paid as are other claims against the county and upon order of the board of supervisors, and the claims shall be itemized in the same manner as are other claims against the county. Sec. 10. Said commissioners shall proceed to view the lands embraced within the boundaries of such protection district, and may examine the witnesses on oath, to be administered by any one of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all diligence to determine the value of the land and the damage to improvements and property affected, and also the estimated amount of the cost of the proposed work or improvements, and the expenses incident thereto, and having deter- mined the same, shall proceed to assess the same, upon the lands embraced within the exterior boundaries of such protection district. Such as- sessment shall be made in the manner following, to-wit: The board of supervisors may assess to the county, as an interested and benefited party, such portion of said assessment, not exceeding one- third, as in their judgment they may determine and the remainder of such assessment shall be made upon the lands within said district in pro- portion to the benefits to be derived from sard work or improvement, so far as the said commis- sion can reasonably estimate the same, including in such estimate the property of any railroad company within said district, if such there be. Sec. 11. Said commissioners, having made their assessment of benefits and damages, shall, with all diligence, make a written report thereof to the board of supervisors, and shall accompany their report with a plat of the district, showing the land taken or to be taken for the work or im- provement; and the lands assessed, showing the relative location of each district, block, lot, or portion of lot or other piece of land, and its di- mensions, so far as the commissioners can rea- sonably ascertain the same. Each block and lot, or portion of lot, or other parcel or parcels of land Protectiou Districts. 959 taken or assessed, shall be designated and de- scribed in said plat by an appropriate number, and a reference to it by such descriptive number slmil be a sufficient description of it in all re- spects. When the report and plat are approved by the board of supervisors, a copy of said plat (appropriately designated and certified by the clerk of said boai'd as a correct copy of the plat on file in his office) shall be, by the clerk of said board, recorded in the office of the recorder of the county. Said rel)ort of the commissioners shall also contain the names of the persons owning lauds taken, or to be taken, for such work or im- provement; the names of the land owners who consent to give the right of way, and their writ- ten consent thereto; the names of land owners who do not consent, and the amount of damage claimed by each, and the amount of damages awarded to each by the commissioners. Sec. 12. Said report shall specify each lot, sub- division, or piece of property taken or injured by the widening, deepening, or straightening of such innavigable stream, or other improvement made or work done, or assessed therefor, together with the name of the owner or claimants thereof or of persons interested therein as lessees, incumbran- cers, or otherwise, so far as the same are known to the commissioners, and the particulars of their interests, so far as the same can be ascertained, and the amount of value or damages or the amount assessed, as the case may be. Sec. 13. If in any case the commissioners find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any piece of land or of any improvement thereon, or of any interest in such land or improvement, it shall be set down as belonging to unknown own- ers. Errors in the designation of the owner or owners of any land or improvement, or of the particulars of their interests, shall not affect the validity of the assessment, or of any condemna- tion of the property to be taken. Sec. 14. The commissioners shall receive for their services such compensation as the board of supervisors may determine from time to time; provided, that the compensation shall not exceed the sum of one hundred dollars per month each, nor continue for more than six months, unless "960 Protection Districts. the board of supervisors shall, by order, extend such time. The compensation of the commission- ers shall be considered as an expense of the work or improvement, and chall be chargeable and paya- ble as are other expenses thereof. Sec. 15. The report of such commissioners, and the plat accompanying it, shall be filed with the clerk of the board of supervisors, and thereupon the said clerk shall give notice of such filing by publication for at least ten days, in one daily newspaper published and circulated in said coun- ty; or if there be no daily paper, by three suc- cessive insertions in a weekly or semi-weekly newspaper so published and circulated. Said no- tice shall require all persons interested to show cause, if any they have, why such report should not be adopted and confirmed by the board of su- pervisors, on or before a day fixed by the clerk thereof, and stated in said notice; which day shall not be less than thirty days from the last publication thereof. Such notice shall be sub- stantially in the following form: Notice"^ of the tiling of tlie report of the board of commissioners of Protection District. Notice is hereby given tliat the board of commis- sioners of Protection District did, on the day of 189—. file its report of the assessment of benefits and award of damages in said pro- tection district with the cleric of the board of su- pervisors of county, which said report is now on file in the office of said board, in the county court house, in the city of . in said county. Said report is hereby made a part hereof, and is hereby referred to for further particulars. All persons interested are hereby required to show cause, if any they have, why such report should not be adopted and confirmed by such board of supervisors. All objections to such adoption of such report shall be :n writing and signed by the person ob- jecting, giving post office address, and filed with the clerli of said board of supervisors on or before the day of , 189—. , Clerk of the Board of Supervisors of County. Sec. 16. All objections shall be in writing and filed with the clerk of the board of supervisors, who shall, at the next meeting of the board Protection Districts. 961 (whetlier an adjourned meeting, a regular month- ly meeting-, or a special meeting called for that purpose) after the day tixed in the notice to show cause, lay the said objections, if any have been filed, before the said board, which shall, by order, fix a time for hearing the same, and direct the clerk to notifj^ the objectors in the manner pre- scribed in section three hereof. At the time fixed for hearing, or at such other time as the hear- ing may be adjourned to, the board of supervisors shall hear such objections and pass upon the same; and at such time, or if there be no objec- tions, at the first meeting after the day set in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such re- port, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given, and liearing had as in the case of an original report. When such report has been adopted and confirmed, the said board may, by order entered upon its minutes, discharge such commissioners, and their authority shall there- upon cease. Sec. 17. After said report has been adopted as provided in the preceding section, the board of supervisors, if they consider the sum to be raised for the payment of the expenses of such work or improvement too great to be properly expended in one year, or too great to be raised in one year by assessments against the property of such protec- tion district, may, by order entered upon its min- utes, provide that any part of such expenses shall be raised or expended in one year, and that such assessments shall continue for a number of years sufficient to raise by assessment, and expend, the total sum required l3y such report for the work or improvement. When the board has determined the sum to be assessed for each year, and the number of years that such assessment shall con- tinue, they shall cause the clerk of the board of supervisors to forward to the tax collector of the county in which such disti-ict is situated, a certi- fied copy of the report, assessment, and plat as adopted and confirmed by the said board of su- pervisors, together with a certified copy of the order of said board, fixing the sum to be raised by such assessment each year and the number of Gen. Laws— 81 962 Protection Districts. years such assessment shall continue, and from and after the filing of such certified copy the charges assessed upon each piece of land or im- provement thereon for the first year shall become due and payable immediately and shall constitute a lien thereon; and thereafter the assessments for the succeeding years shall become due and paya- ble on the first day of October of each year, and ■shall, upon becoming due and payable, constitute a lieu upon the land or improvements upon which it is assessed. Before such sums become delin- quent, the board of supervisors shall direct the county treasurer to transfer from the money then in the general fund of such county to the fund raised by such assessment, a sum of money to be named in the order, great enough to pay the as- sessment made against the county for that year for such worli and improvements. Sec. 18. All moneys paid upon such assess- ments, either by property owners or by the coun- ty, and moneys received from any source for the benefit of such protection district, shall be, by the county treasurer, placed in a fund to be call- ed the Protection District Fund; and all payments of any of the expenses of the worli or improvements or other expenses of such district shall be made upon warrants drawn by the coun- ty auditor upon such fund, and paid by such treasurer. Sec. 19, Upon the filing of such certified copy of such report, assessment plat, and order with the tax collector of the county, as prescribed in sec- tion eighteen hereof, the county tax collector shall give notice, by ten days' publication in a newspaper printed in the county, that the assess- ment list of Protection District has been filed in liis office, with the date of such filing; that the amounts entered thereon are due and pay- able; that if not paid on or before the first Mon- day in January next ensuing, tlie same will be- come delinquent and will be collected as are de- linquent taxes. He shall note on said assessment list all assessments paid, giving receipts as in the payment of taxes, and shall pay all money col- lected into the county treasury at the same time and in the same manner as money collected for taxes is paid into said treasury. All subsequent collections of assessments shall be made in the Protection Districts. 963 same manner above set forth, and the tax collec- tor shall annually (after the first year), immediate- ly after t*he first day of October, publish a notice ccntaining- all the statements required to be made a.5 hereinbefore in this section set forth, and the same proceedings shall be had as upon the col- lection of the first assessment. Sec. 20. When said assessments have becom<' delinquent the tax collector of such county shall proceed to collect such delinquent assessments, with five per cent added thereon, and pay the same, including the five per cent so collected, over to the county treasurer, in tlie same manner as state and county taxes are collected and paid over; and for the purpose of collecting such as- sessments and delinquent assessments all of the provisions of chapter seven, title nine, part three, of the Political Code not in conflict with any of the provisions of this act are hereby made appli- cable to the collection of assessments and delin- quent assessments in such protection districts. Sec. 21. If, at the completion of such work or improvements, there should be, from any cause, a surplus of money left in such Protection District Fund, the board of supervisors may ascertain the pro rata amount belonging to each person paying such assessments, and upon the filing of claims for such rebate properly itemized, shall refund such money to the parties who paid the same; and when all of such money h.is been refunded, shall, by order, direct the county treasurer to abolish such Protection District Fund. Sec. 22. When sufficient money is in such Pro- tection District Fund to pay for the property taken and damaged, according to the award of damages made in the report adopted by the board of supervisors, as provided in section seventeen hereof, the clerk of the board of supervisors shall notify the owner, possessor, or occupant of any land or improvement thereon to whom damages shall have been awarded, that such award has been made, and the amount thereof, and that upon such person filing a claim and tendering a convey- ance of any property to be taken, such claim will be allowed and such damages paid. Such notice shall be given by depositing such notice in the post oflice at the county seat of such county, post- age prepaid, addressed to such owner, possessor. 904 Protection Districts. or occupant, if his name be known. In case tlie property is unoccupied, and tiie name of ttie own- ers is unlinown, or in case such unoccupied prop- erty is set down as belonging to unlcnown owners for the reasons given in section fourteen hereof, such notice shall be delivered to the sheriff or to a constable, who shall serve the same by posting a copj'' in a conspicuous place upon the property named in said notice, and indorse a certificate of service upon the original notice, and file the same with the clerk of the board of supervisors. Sec. 23. Whenever the clerk of the board of su- pervisors or other officer is, by this act, empower- ed to serve any notice by mailing, a certificate of such mailing, in conformity to the provisions of this act and filed with the records of such supervi- sors, shall be sufficient proof of such service. Sec. 24. If any award of damages is not accept- ed within fifteen days after tlie mailing or posting of such notice, it shall be deemed as rejected by the property owner, and thereupon the board of supervisors may direct proceedings to procure the right of way to be instituted, in the name of the county, by tlie district attorney, under and as pro- vided in title seven, part three, of the Code of Civil Procedure, against all non-accepting prop- erty owners: and when tliereunder the right of waj' is procured, the work or improvement must be commenced as hereinafter provided. In such suit no informality in the proceedings of the board of supervisors, or in the proceedings of the commissioners, shall vitiate said suit, but the said order of the board of supervisors, directing the district attorney to bring suit, shall be conclusive proof of the regularity thereof; and the said suit shall be determined by the court or jury in ac- cordance with the rights of the respective parties as shown in court, independent of said proceed- ings before said board of supervisors or before said commissioners. Sec. 25. If any right of way, attempted to be acquired by virtue of this act, shall be found to be defective from any cause, the board of super- visors may again institute proceedings to acquire the right of way as in this act provided, or other- wise, or may purchase the same and include the cost thereof in the expenses of such work or im- provement. Protection Districts. 965 Sec. 26. The board of supervisors shall deter- mine the amount of worlv to be done in each year and the place where such work is to be done, and may let a contract for any portion of such work that they may think proper. When the work is let by contract, either as a whole work or for a portion thereof, the board shall give notice, by publication thereof, not less than ten days, in a newspaper published in such county, calling for bids for the construction of such work, or of any portion tliereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposal, and how such sealed pro- posals shall be addressed, which, at the time and place appointed, shall be opened, and, as soon thereafter as convenient, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any and all bids and readvertise for proposals. Any person or persons to whom a contract may be awarded sliall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said county for the use of such pro- tection district, for double the amount of the con- tract price, conditioned for the faithful perform- ance of said contract. The work shall be done under the direction and to the satisfaction of the board of supervisors. Sec. 27. Tf, according to the survey and map as adopted by the board of supervisors, as pro- vided in section seven hereof, it is necessary, in order to shorten or straighten the course of any innavigable stream, to dig canals, cut off bends, change the channel or course of such stream, or to turn the water from its present channel into a former but now dr.v channel, then such work shall be considered as the straightening of the channel and course of such innavigable stream, and all of the provisions of this act are hereby declared to be applicable to such work. Sec. 28. If. at any time, in the opinion of the board of supervisors, the expenditure of money is absolutely necessary to the welfare of such pro- 966 Public Administrator— Public Debt. tectiou district, and there is no money in the fund of such district to malie such necessary expendi- ture, or the money in such fund is insufficient to make such necessary expenditure, then the board of supervisors may advance such money out of the general fund of the county, and the same shall be a credit to the county as a payment of the assessments against the county to that ex- tent; or if such money advanced shall exceed the assessments against the county, then as soon as there is sufficient money in the fund of such pro- tection district to pay the excess, the board of supervisors shall direct the county treasurer to transfer to the general fund from the fund of sucli protection district, a sum great enough to balance the accounts. Sec. 29. The provisions of this act shall be lib- erally construed to promote the objects thereof. This act shall take effect and be in force from and after its passage. The former act for the formation of protection districts may be found in statutes of 1880, p. 55. [Ban. ed. 227. J This act was amended March 19, 1889, Stats. 1889, p. 360. TITLE 21?. PUBLIC ADMINISTRATOR. Acts relating to, see Political Code, Appendix, title. Public Administrator, p. 1059. TITLE 218. PUBLIC DEBT. An act to provide for the redemption and pay- ment of certain funded debt bonds of this state, together with interest thereon, making an appropriation therefor, and authorizing the state controller and state treasurer to transfer the sum of one hundred and twenty thousand dollars from the general fund to the interest and sinking fund to carry out the provisions of this act. Public Debt. 967 This act was approved Feb. 27, 1893, Stats. 1893, p. 49. An act to provide for the payment of funded in- debtedness of the state of California, and to contract a funded debt for that purpose. [Approved March 31, 1891; Stats. 1891, p. 210.] The act created a board of commissioners to is- sue bonds for the purpose indicated and provided for the sale and redemption of the bonds. An act to provide for the payment of all private claims allowed by the legislature of the thirty- -:7 lirst session, out of the revenues of the fort y- / seventh fiscal year. ~~/ [Approved March 28, 1895; Stats. 1895, chap. ' ccxx. In effect immediately.] An act authorizing the common council, board of trustees, or other governing body of any incor- l-nrated city or t/iwn other than cities of the t-rst class to refund its indebtedness, to issue Innds therefor, and to provide for the pay- n-.ent of the same. [Stat, approved March 9, 1897; Stats. 1897, chap ,o Ixxxii.] y^ /T Tiie people of the state of California, represented V in senate' and assembly, do enact as follows: "^ . Sec. 1. The common council, board of trustees, ^ or other governing body of any incorporated city '^ or town other than cities of the first class, in this • state, having an outstanding indebtedness, evi- •^4 denced by bonds or warrants thereof, is empow- V ered, by a two-thirds vote of its number, to fund 4 or refund the same and issue bonds of such city or town therefor in sums of not less than one hundred dollars nor more than one thousand dji- lars each, and having not more than forty years to run, and bearing a rate of interest not exceed- ing six per cent, per annum, payable semi-annu- ally; provided, that no indebtedness shall be re- funded at a higher rate of interest than that 968 Public Debt. borne by the original debt. Such bonds shall be of the character known as "serials," not less than one fortieth of the principal being payable each year, together with the interest due on all suras unpaid. Principal and interest on said bonds shall be payable in gold coin or other lawful money of the United States, as may be expressed in said bonds, at the office of the treasurer of said city or town. Said bonds shall be sold in the manner provided by such city council or other governing body, to the highest bidder therefor, for not less than their face value, in the same character of money as that in which they are payable. The proceeds of such sale shall be placed in the treasury of such city or town to the credit of the "funding fund," and shall be applied only to refunding the indebtedness for which said bonds were issued. Said trustees, or other irov- erning body, shall at the time for fixing the gen- eral tax levy for each year, and in the same man- ner as such tax levy is made, levy and collect sufficient money to pay one-fortieth part of the principal of said bonds issued under this act, and also the annual interest upon the sums unpaid. Sec. 2. Whenever sufficient money is in the funding fund, in the hands of the treasurer, to re- deem one or more of the outstanding bonds pro- posed to be refunded, he shall publish once a week for two weeks in some newspaper of general cir- culation published in such city or town, if there be any, a notice to the effect that he is prepared to pay such bond or bonds (giving the number thereof), and if the same are not presented for re- demption Avithin tliirty days after tlie first publi- cation of such notice, tlie interest on such bonds will cease. He shall, at the same time, deposit ii< the post office a copy of such notice, inclosed in .a sealed envelope, with the postage paid thereon, ad- dressed to the owner or owners of such bond or bonds, at the post office address of such owner or owners, as shown by the record thereof kept in the treasurer's office. If such bond or bonds are not presented within the time specified in such notice, the interest thereon shall then cease, and the amount due be set aside for the payment of the same, whenever presented. All redemption of bonds shall be made according to the priority in Public Debt. 969 the order of their issuance, beginning at tlie first number. Wlienever such outstanding bonds are surrendered and paid, the treasurer shall proceed to cancel the same by indorsing on the face there- of the amount for which they are received, the word "canceled" and the date of cancellation. He shall also keep a record of such bonds so re- deemed, and shall make a report of the same to the common council, or other governing body of such city or town, at least once a month, accom- panying the same therewith by the bonds which have been taken up and canceled. Sec. 3. All moneys which shall remain in said funding fund after all outstanding bonds as were proposed to he refunded have been taken up and canceled, shall bo paid into the general fund of such city or town, and become a part thereof. Sec. 4. Chapter eighty-two of the statutes of eighteen hundred and eighty-three, chapter forty- eight of the statutes of eighteen hundred and ninety-three, and chapter one hundred and seven- ty-six of the statutes of eighteen hundred and ninety-live, all being laAvs of the state of Califor- nia in conflict herewith, are hereby repealed. Sec. 5. This act shall take effect and be ia force immediately after its passage. This act repealed the act of ]March 15, 1883; Stats. 1883, p. 370, and the amendatory act of March 27, 1895; Stats. 1895, p. 203, providing for the refunding of indebtedness and the issuing of bonds. An act to provide for the funding of certain in- debtedness of the several counties of th's state, and the issuance of bonds therefor. [Approved February 26, 1889; 1889, 37.1 Outstanding indebtedness of counties, when ma; be funded. kfv y Sec. 1. Whenever any county shall have had^V/ at twelve o'clock meridian, on the first day ofT^ January eighteen hundred and eighty, an out-/ V standing indebtedness evidenced by bonds or war -/^ rants thereof, theretofore legally issued, and such t indebtedness, or any part thereof, shall have been thereafter paid out of the income and revenue r«- 970 Public Debt. ceived by such county since- that date, and such county shall have since that date le.2^ally incurred an indebtedness evidenced by warrants thereof, and which warrants shall not have been paid by reason of such application of the current revenues of such county to the payment of the indebted- ness of former years, the board of supervisors of such county, by a vote of two thirds of all the members thereof, are empowered, if they deem it for the public interest, to fund such last-men- tioned indebtedness and to issue bonds of such county therefor, in the manner provided in sub- division fourteen of section twenty-five of an act entitled "An act to establish a uniform system of county and township governments," approved March fourteenth, eisrhteen hundred and eii?hty- three; and all the provisions of said subdivision of said section shall apply to the issuance, dis- posal, and payment of such bonds, and to the levy of taxes for the redemption of the same, except as herein otherwise provided. When not permitted. Sec. 2. No indebtedness of such county shall be funded under the provisions of this act which in any year exceeded the income and revenue pro- vided for such county for such year, nor which shall exceed the amount of the current revenue ^\ hich shall have been so applied to the payment of indebtedness outstanding' at twelve o'clock meri- dian on the first day of January, eighteen liundred and eighty. Statement. Sec. 3. Such bonds shall, in addition to the matters required to be stated therein by the pro- visions of the above-mentioned act, contain a statement that they are issued under the authority of this act, referring to the same by its title and date of passage. Exchange of bonds for warrants of county Sec. 4. Such bonds, when issued, may be ex- changed by the county treasurer, under the direc- tion of the board of supervisors, only for warrants of such county legally issued since twelve o'clock meridian on the first day of January, eighteen hundred and eighty, which, together with war- rants theretofore issued, did not, in any year, ex- ceed the income and revenue provided for suc^ j 1 Public Debt. 971 county for such year, and which shall remain un- paid because the revenue, otherwise applicable to the payment of the same, shall have been so ap- plied to the payment of the indebtedness of former years. If any portion of such bonds shall be sold for money, the proceeds thereof shall be applied exclusively to the payment of the warrants men- tioned in this section. Sec. 5. This act shall take effect immediately. An act authorizing the board of supervisors of any county, or any subdivision of a county, having a bonded debt, to refund such debt at a less rate of interest. i _ ./ [Approved March 18, 1885.] Q/iti^i, '^'' Sec. 1. When any county in this state, or any subdivision thereof, has an existing bonded debt, tiic board of supervisors of such county may, at any time after it has become Ivuown that any per- son or persons, company, firm, or corporation is willing to purchase such bonds at a lower rate of interest than the bonds already in existence bear, refund such indebtedness, or any part thereof, by issuing new bonds, of the same denomination and in the same form as the existing bonds, and sub- stituting such new issue for the existing bonds. Sec. 2. Before taking any steps to refund such bonded indebtedness, as provided in the preceding section, the board of supervisors shall notify the holder or holders of existing bonds, either by per- sonal service or by publication for one month in the official county newspaper, that unless he or they shall, within thirty days after the service of such notice, present the bonds held by him or them to such board of supervisors, at a place to be stated in said notice, and consent to a reduction of the interest thereon to as low a rate as is of- fered by any other person or persons, firm, com- pany, or corporation, the board of supervisors will proceed to cancel such bonds by payment of the principal and interest thereon accrued. Sec. 3. The board of supervisors of any county in which such bonds have been issued is hereby authorized to cancel at any time any outstanding bonds by paying the principal and interest due thereon at the time of cancellation, and issuing in lieu thereof new bonds at a less rate of interest. ^.. 972 Public Debt. An act providing for submitting to a vote of the qualified electors of a county, oj* city and county, a proposal to issue bonds. [Approved March 15, 1883; 1883, 375.] Issue of bonds to be submitted to vute ^ Sec. 1. Any county, or city and county, in which the board of supervisors may declare by resolution that the income and revtmue provided / ktov it for the fiscal year ending Jn.ne thirtieth, .y eighteen hundred and eighty-three, Avill not be Y safhcient to carry on the government of such V county, or city and county, until t^ie commence- i ment of the fiscal year beginning Julv first, eight- een hundred and eighty-three, may, by resolution adopted by a majority of such board, and with the approval of the presiding ofiicer thereof, submit to a vote of the qualified electors of such county, or city and county, a proposition to issue the bonds of such county, or city and county, in a sum not to exceed five hundred thousai'd dollars, in accordance with section eighteen of article eleven of the constitution of the state of CaMfornia. Sunervisors to issue and negotiate. Sec. 2. 1'he said board of supervisors are grant- ed full power and authority to provide by ordi- nance for the printing, signing, custody, redemp- tion, and issuance of all bonds under the provi- sions of this act, and for their negotiation, sale, or exchange for cash, or for county, or city and coun- ty indebtedness; provided, that said bonds shall not be sold below par. Sinking fund created. See. 3. Before any election is held to determine the question of the issuance of said bonds, the board of supervisors may provide by ordinance for the collection of an annual tax sufficient to pay the interest on any bonds which may be is- sued under the provisions of this act, as said in- terest falls due, and also to constitute a sinking fund to pay the principal of said bonds at a time to be fixed by said board of supervisors, not more than twenty years from the date of the passage of said ordinance. Public Debt. 973 Calling of election. Sec. 4. Whenever the said board of supervisors shall, by resolution, so request, it shall be the duty of all officers, boards, and commissioners, to calf an election as herein, and by said board of supervisors provided for, and at the time (which shall not be less than ten days) provided for by said board of supervisors; and at said election the registers used at the last general or special elec- tion shall be used without new registration. Sec. 5. This act shall be in force from and after its passage. An act to authorize the several counties of this state to create a bonded indebtedness for cer- tain purposes. [Approved March 19, 1889; 1889, 348.] Issuance of bonds to pay county indebtedness, not created by law, to be submitted to a vote. Section 1. Whenever it shall appear to the sat- isfaction of the board of supervisors of any coun- ty of this state that said county is justly indebted to any person or persons for money received into the treasury of said county, and used by said county, and which said indebtedness at the time of its creation was not authorized by law, they shall, by ordinance, declare that said county fs justly indebted to the person or persons named in said ordinance, in a sum named therein, and that the question of issuing bonds in the sum therein iiamed, for the purpose of paying said debt, shall be submitted to a vote of the legal voters of said county. Notice of election. Sec. 2. The supervisors of said county shall thereupon publish a notice calling an election to be held in said county, submitting to the voters of said county the question whether said bonds shall be issued or not. The notice shall state the amount of bonds to be issued, the purpose for which they are issued; said notice shall be pub- lished, and the election held as provided by sec- tion thirty-seven of the act oi the legislature of the state of California, entitled "An act to estab- Gen. Laws— 82. 074 I»ublic Debt. lisli a uniform system of county and township governments," approved March fourteenth, eight- een hundred and eighty-three. Return. Sec. 3. If upon return of the election it shall appear that two thirds of all the voters voting at such election have voted in favor of issuing said bonds, the supervisors are requ-i'cd to issue bonds in the sum named in the notice of election, paya- ble to the creditors named in said ordinance; said bonds sliall bear interest at the rate of five per j| cent, per annum, and shall be payable at such ■ time as tlie board of supervisors sliall order, not exceeding twenty years from date. T4iey shall be signed by the chairman of the board of super- visors and county clerk. Tax levy to pay interest. Sec. 4. It shall be the duty of the board of su- pervisors each year to levy a tax sufficient to pay the annual interest on said bonds, and to pay the principal as the same shall become due. Tins act is to tal^e effect from and after its pass- a ge. An act to authorize cities of not less than twenty- six thousand nor more than thirty thousand inhabitants, to vote upon the question of ]>ay- ing indebtedness incurred in the years 1889 and 3890. [Approved February 20, 1801: Stats. 1801, p. 8.] Sec. 1. The board of trustees or the governing- body of all cities of not less than twenty-six thou- sand nor more than tldrty thousand inhabitants are, hereby authorized to subm:"t to the (jualitied electoijs of sucli city, at either a general or muni- V\X{ Vripitl election in said city, or special election, the question M'hether or not anv indebtedness in- curred by or claimed to be due from said city, contracted iu the years eighteen hundred and eighty-nine and eighteen hundred and ninety, shall be paid. Sec. 2. Said board of trustees or other govern- \Lg body shall specify particularly, in the proclam- ition for sucli election, the amount of the claimed Public Debt. 975 indebtediiess, and for "what services it is claimed to be due, and shall specify, if the election is a special one, the form of ballots to be used by the (lectors, and tlie time, place and manner of hold- ing- said election and canvassing: the returns thereof, and declaring: the result thereof. If snid question is voted upon at a general or municipal election, the ballots shall con- lain the words, "For the payment— Yes" and "For the payment — No," in addition to the other mat- icrs contained therein. Sec. 3. If two thirds of the votes cast upon such question vote in the affirmative, the said 1 oard of trustees or other s-overnin.g' body shall immediately order paid, as other claims a.U'ainst said city are paid, the said amount so voted; and lor that purpose shall be and are hereby author- ized to incorporate the said aiuount in the next iax levy, if the same has not been already levied, lor the" year in which such election is held; and if such tax levy has been levied, then they shall make a new assessment and levy for the said .1 mount, using the last assessment roll as a basis 1 herefor. Sec. 4. This act shall take effect and be in force from and after its passage. An act to prohibit the creation of debts against the state in excess of appropriations made by law except in cases of actual necessity, and on consent of the board of examiners. [Approved March 23, 1893; Stats. 1893, p. 285.] Sec. 1. No officer or employee in the service of the state .shall have power to create any deficiency in excess of any appropriation o^ money made by law, except in case of actual necessity, and only then upon the written authority, first obtained, of the governor, secretary of state, and attorney-gen- eral; and any indebtedness attem])ted to be creat- ed against the state in violation of the provisions of this act shall be absolutely uull and void, and shall not be alloAved by the state board of examin- ers. Sec. 2. This act shall take t ffect from and after its passage. 97G Public Health. TITLE 219. PUBLIC HEALTH. Act relatiug to, see Penal Code, Appendix, title, Public Health, p. 608. An Act to create the office of attorney for the state board of health and the board of health of the ,', city and county of San Francisco. |. ,^4^PProved March 31, 1891: Stats. 1891, p. 209.] An Act to appropriate money to prevent the intro- duction of conta.2:ious diseases. [Approved March 23, 1893; Stats. 1893, p. 189.] Fifty thousand dollars was appropriated. An Act to appropriate money to prevent the in- troduction of contagious and infectious dis- eases. [Approved March 4, 1887; 1887, 18.] , Ten thousand dollars AA'as apjiropriated for this purpose. An Act to prevent the introduction of contagious or infectious diseases into the state of Cali- fornia. [Approved March 15, 1883; 1883, 376.] Railroad cars to be inspected. Section 1. \Vlienever there shall exist, in the opinion of the state board of health, imminent danger of the introduction of contagious or infec- tious diseases into the state of California, by means of railroad communication with other states, the said state board of health are author- ized, and it is hereby made their duty, to malie or cause to be made, by an accredited agent or inspector, an inspection of all railroad cars, com- ing into the state at such point, or between such points within the state limits as may be selected for the purpose. Public Health. 977 Detention of train a minimum. Sec. 2. Such inspection shall he made, where practicable, during tlie ordinary detention of a train at a station, or while in transit between sta- tions, and in all cases shall be so conducted as to occasion the least possible detention or interrup- tion of travel or inconvenience to the railroad com- panies, so far as consistent with the purposes of this act. Infected cars to be side-tracked. Sec. 3. Should tlie discovery be made of the ex- istence among the passengers of any case or cases of dangerous, contagious, or infectious disease, the said board of health, or their agent or inspector, under rules and conditions prescribed by them as being applicable to the nature of the disease, shall have power to cause the side-tracl^iug or deten- tion of any car or cars so infected, to isolate the sicls or remove them to a suitable place for treat- ment, to establish a suitable refuge-station, to cause the passengers and materials in such infect- ed car to be subjected to disinfection and cleansing before proceeding farther into the state, and, in the case of small-pox, to offer free vaccination to all persons exposed in anj^ car or at any station. Appropriation. Sec. 4. The sum of five hundred dollars is here- by appropriated out of any moneys in the treasury not otherwise appropriated, to be expended solely for the purposes of this act, and all expenditures herein authorized shall be specified in an itemized account to be presented to the state board of ex- aminers, and paid as other demands on the treas- ury are paid; provided, that in no case shall the sum expended exceed that herein specially appro- priated for the purpose. Sec. 5. This act shall take effect from and after its passage. An Act to authorize the state board of health to purchase and manufacture diphtheria anti-tox- ine, and to appropriate six thousand dollars therefor. [Approved March 12, 1895; Stats. 1895, chap, xxxix., In effect immediately.] _ /. ;h^ 078 Public pealth. An act to estfil)lisli ana maintain a dispensary in llie city of Sacramento. [Approved Marcli 23, 1872; 1871-2, 531.] An Act entitled "An act to grant to boards of healtli in cities, and cities and counties, the power to regulate the plumbing and drainage of l)uildings," [Approved March 15, 1883; 1883, 366.] Plumbers required to register. Section 1. Every master or journeyman plumb- er carrying on his trade shall, under such rules luid regulations as the board of health of such county, or city and county, shall prescribe, regis- ter his name and address at the health-office of shell county, or city and county; and after the said date it shall not be lawful for any person to carry on the trade of plumbing in any county, or city and county, unless his name and address be registered as above provided. Publication. Sec. 2. A list of the registered plumbers shall be published in the yearly report of the health- office. Board of health to approve plans. Sec. 3. The drainage and plumbing of all build- ings, both public and private, hereafter erected in any county, or city and county, shall be executed in accordance with plans previously approved, in , writing, by the board of health of said county, or city and county: suitable drawings and descrip- tion of the said drainage and plumbing shall, in ^ each case, be submitted and placed on tile in the r^j ■•Jiealth-otHce. Tlie said board of health are also ' ' authorized to receive and place on file drawings ■ and descriptions of the drainage ana plumbing of buildings erected prior to tlie passage of this act. Supervisors to apportion tax. Sec. 4. The boards of supervisors, or other city or county officials, whose duty it is to malie ap- portionments for the board of health of such coun- , ty, or city and county, shall malie the necessary t Public Health. 979 apportionments, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Court of record may enjoin. Sec. 5. Any court of record in said county, or city and county, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any of the provisions of this act, and upon the affidavit of the health-offi- cer or a member of the board of health of such county, or city and county, to restrain by injunc- tion order the further violation named in this act, or of any work upon or about th^ building or premises upon which the said violation exists, and no undertalving shall be required as a condition to the granting or issuing of such injunction or by reason thereof. Sec. 6. Any person violating any of the provis- ions of this act shall be deemed guilty of a misde- meanor. Sec. 7. This act shall take effect immediately. An act to grant to boards of health or health-offi- cers, in cities, and cities and counties, the power to regulate the plumbing and drainage of buildings, and to provide for the registration , of plumbers. A , [Approved March 3, 1885; 1885, 12.] fy\j[L^i. License from board of health. ^ f\K Section 1. It sliall not be lawful for any per- ^^ son to carry on business, or labor as a master or J) journeyman plumber, in any incorporated city, or /J. - in any city and county, in this state until he shall ^%/ have obtained from the board of health of said /Q city or city and county a license authorizing him r'Q^ to carry on business, or labor as such mechanic. A license so to do shall be issued only after a sat- -\ isfactory examination by the board of each appli-^;)^/ cant upon his qualiflcations to conduct such busi- ^ * ness or to so labor. All applications for license, and all licenses issued, shall state the name in full, age, nativity, and place of residence of the applicant or person so licensed. It shall be the duty of the secretary of each board of health to keep a record of all such licenses issued, togethei with an alphabetical index to the same. [Amend- 9S0 Public Health. ment, approved March 9, 1887; Stats. 1887, p. 58. Ill effect illlmediatel5^] Tiiblish list in yearly report. Section 2. A list of all licensed plumbers shall be published in the yearly report of the health ofH- cer or board of health. [Amendment approved March 9, 1887; Stats 1887, p. 58. In effect imme- diately.] Plans of plumbing. Sec. 3. The drainage and plumbing of all build- ings, both public and private, hereafter erected in any city, or city and county, shall be executed in accordance with plans previously approved writing by the board of health of said city, or city and county, and suitable drawings and description of the said drainage and plumbing shall, in each case, be submitted to the board of health, and placed on file in tlie health-office. The said board of health is also authorized to receive and place on file drawings and descriptions of the drainage and plumbing of buildings erected prior to the passage of this act. Tax levy. Sec. 4. The board of supervisors, or other city, or city and county, officials whose duty it is to make appropriations and tax levies for general purposes of such city, or city and county, shall make the necessary appropriations and tax levies, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Such appropriations and levy shall be made at the same time and in the same manner as ap- propriations and tax levies are made for other city, or city and count3% purposes. Where no board of health. Sec. 5. In any citj^ or city and county, where there is under existing laws, a health-oflScer, but no board of health, such health-officer shall per- form all the duties required by this act of the board of health until a board of health shall be created, and in any city, or city and county, where there is no health-officer nor board of health, the board of supervisors or city council, or other mu- nicipal legislative board or body, shall create a board of health, who shall perform all the duties required by this act of the board of health or health-officer. 1 Public Healtb. 981 Injunction. Sec. 6. Any superior court, or judge thereof, shall have power to restrain by injunction the con- tinuance of work to be clone upon or about build- ings or premises where the provisions of this act have not been complied with, and no undertaliing shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. Penalty. Sec. 7. Any person violating any of the pro- visions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be pun- ished accordingly. Sec. 8. This act shall take effect immediately. An Act to encourage and provide for a general vaccination in the state of California. [Approved February 20, 1889; 1889, 32.] Exclusion of children from schools unless vaccin- ated. Section 1. The trustees of the several common school districts in this state, and boards of com- mon school government in the several cities and towns, are directed to exclude from the benefits of the common schools therein any child or any person who has not been vaccinated, until such time when said child or person shall be successful- ly vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence and cannot be vac- cinated so as to produce a successful vaccination, whereupon such child or person shall be excepted from the operation of this act. / Notice by school trustees. -J Sec. 2. The trustees or local boards, annually, or at such special times to be stated by the state / board of health, must give at least ten days' no- tice, by posting a notice in two or more public or conspicuous places within their jurisdiction, that provision has been made for the vaccination of any child of suitable age who may desire to at- tend the common schools, and whose parents or guardians are pecuniarily or otherwise unable to procure vaccination for such child. 4 982 I'nblic Health. List of children not vaceinatecl. Sec. 3. The said trustees or board mnst, within sixty days after the passa,2:e of this act. and ev- ery year thereafter, ascertain the number of chil- dren or persons in their respective school districts or subdivision of the city school g-overnment bein,^ of an afire suitable to attend common schools, who have not been already vaccinated, and make a list of the names of all such children or persons. It shall also be the duty of said trustees or board to provide, foi- the vaccination of all such children or persons in their respective school districts, a sood and reliable vaccine virus wherewith to vac- cinate such children or persons who have not been vaccinated. And when so vaccinated, to give a certificate of vaccination, which certificate shall be evidence thereof for the purpose of complying with section one. Expenses for, how paid. Sec. 4. The necessary expenses incurred by the provisions of this act* shall be paid out of the common school moneys apportioned to the district, city, or town. And if there be not sufficient mon- ey, the trustees must notify the board of super- visors of the amount of money necessary, and the board must, at the time of levying the county tax, levy a tax upon the taxable property in the dis- trict sufficient to raise the amount needed. The rate of taxation is ascertained by deducting fifteen per cent for delinquencies from the assessment, and the rate must be based upon the remainder. The tax so levied must' be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when col- lected shall be paid into the county treasury for the use of the district. Annual report of trustees. Sec. 5. The trustees of the several school dis- tricts of this state are hereby required to include in their annual report, and report to tlie secretary of the state board of health, the number in their several districts between the ages of five and sev- enteen years who are vaccinated, and the number, unvaccinated. Sec. 6. This act shall take effect immediately. Fublic Lands. 983 TITLE 220. PUBLIC LANDS. See State Lands; reference to acts relating to. See ante, p. 551. Act to protect settlers, see post, Settlers. An Act for the better protection of settlers on the public lands of the Ignited States within the state of California, and for the protection and encouragement of persons desirous of settling thereon. [Approved March 15, 1887; 1887, 147.] Detining crime, and punishment for violation. Section 1. Every person who shall unlawfully prevent, hinder, or obstruct any person from peaceably entering upon or establishing a settle- ment or residence on any tract of public land of ^. the United States Avithin the state of California, . ^ subject to settlement or entry under any of the A ;s public land laws of the LTnited States; or who shall '^j''^ unlawfully hinder, prevent, or obstruct free pass- "^ ^ age over or through the public lands of the United ^y States within the state of California, for the pur- j pose of entry, settlement, or residence, as afore- /^ said, is guilty of a misdemeanor, and is punishable ' by fine of not less than fifty dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not exceeding six mouths, and may be punished by both such fine and imprison- ment, in the sound discretion of the court. Sec. 2. This act shall take effect immediately. 984 Public Market. TITLE 221. PUBLIC MARKET. An act to authorize the state board of harbor commissioners to establish and maintain a free public marliet upon the waterfront of San Francisco, and providing for the expenses and regulations thereof. [Stat, approved March 29, 1897; Stats. 1897, chap. clxxv.] "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 apart upon some convenient por- tion of the water-front of San Francisco, a suffi- cient number of doclis and piers, which must be contiguous to each other, for the reception of all perishable products, arriving by rail, boat, or other conveyance, including fruit, vegetables, eggs, poultry, game, dairy products, and fish, 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 prescribed 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 possi- ble to that portion 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 sufficient to permit such vessels regularly running upon a route to receive and discharge their entire cargoes of such prod- ucts at such 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 r-ablie Market. 985 use of these tracks the state harbor commission- ers shall prescribe such regulations as public con- venience may require, and tix the compensation to be paid by the 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 products from car or boat or other conveyance, 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 mar- ket. Any violation of this act, or of the regula- tions made pursuant thereof, shall exclude the person or firm guilty of such violation from the privilege of selling in the free market, during the pleasure of the harbor commissioners, not exceed- ing one 3^ear 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 revenue. 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 market shall be fixed by the state board of harbor commissioners. Sec. 8. All officers and employees of any pub- lic market on the state property are officers and employees of the state, and shall qualify in the same manner as other employees, and give such bonds as the harbor commissioners may pre- scribe. TITLE 222. PUBLIC PAKKS. The following is a list of acts relating to public parks: Gen. Laws— 83. 986 Public Parks. K' >. act to authorize tlie common councils and boards of supervisors of the several cities, f^* counties, and cities and counties in this state [jj to levy taxes for the maintenance of public parlvs having" an area of over ten acres each within their respective limits. [Approved March 8, 1887: 1887, 52.] vX" V An act to enable incorporated "cities and coun- ties" and "cities" and "toAvns," to acquire, maintain, and improve public parks and boule- y^ \ vards. [Approved March 19, 1889; 1889, 361.] An act to provide fca* the maintenance and sup- port of^ the publrcAi3arks heretofore created within the "^arioits cities and cities and coun- ties of the -state, and to amend the existing acts in relation thereto. [Approved March 14, 1889; 1889, 143.] See amendments to this act in the statutes of 1893, p. 79 and p. 343. t An act authorizing- the commissioners of any pub- lic park in this state, and especially the park commissioners of Golden Gate parlv, in San Francisco, to accept donations and bequests in aid of the improvement and embellishment of their respective parks, and to invest the funds derived therefrom. [Approved March 9, 1885; 1885, 38.] ,^ i^ act 10 autliori; 'ize cities and towns owning pub- »Mic parks oiitside of their limits, to lay out, " V "t^onstruct, and maintain roads, streets, and boulevards from the boundaries of such ctfies or towns to, into, and through, such parks, and to acquire lands for that purpose. [Became a law, under constitutional provision, without governor's approval. ^Nlarch 1, 1897; Stats. 1897; chap, xlix.] Public Works. / ' , 987 ? Au act to extend the jurisdiction and antliority of cities and towns over parks owned by tliem, . situated beyond tlie limits of such cities and -^ towns, and over streets and avenues leading to tlie same. [Became a law, under constitutional provision, without the governor's approval, March 1, 1897; Stats. 1897, chap, li.] An act giving" the consent of the state of Califor- nia to the reservation of certain lands by con- .^-, //, gress. [Approved March 14. 1891; Stats. 1891, 107.] This act granted the consent of the state to forest reservations. TITLE 223. PUBLIC WORKS. An Act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation. [Approved March 24, 1893; Stats. 1893, p. 345.] Section 1. There is hereby created a commis- sioner of public works, to be appointed by the governor. The commissioner first appointed under this act sliall hold his office for the term of two years from the first day of March, eighteen hun- dred and ninety-three, and until his successor shall be appointed and qualified, and all subse- quent appointments shall be for the term of four years. In case of vacancy occasioned by death, resignation, or otherwise, the governor shall ap- point his successor; provided, that any appoint- ment made to fill a vacancy shall be only for the unexpired portion of the term for which the origi- nal was made. Said officer, before entering upon the discharge of his duty, shall take and sub- scribe the official oath, and execute an official bond in the sum of six thousand dollars, to be ap- proved by the governor, and filed and recorded in the oflice of the secretary of state, as in the case of bonds of other state oflEicials. Such commis- 988 Public Works. sioner shall receive a salary of three thousand dollars per annum, payable in monthly install- ments, and shall be allowed his actual traveling and other necessary incidental expenses incurred while in the performance of official duties. [Amendment approved February 25, 1897; Stat. 1897, chap. 28.] Sec. 2. This act and the act creating a commis- sioner of public works, defining his duties and Dowers, prescribing his compensation, and mak- ing appropriation, approved March twenty-fourth, eighteen hundred and ninety-three, relating to the othce of commissioner of public works, of which act this is amendatory, shall cease, terminate, and be at an end on the first day of March, eighteen hundred and ninety-nine, and the office of com- missioner created hereunder, and under said act approved March twenty-fourth, eighteen hundred and ninety-three, and all officers and employees appointed by said commission, shall cease, and their employment thereafter shall be discontinued, and the state of California shall In no manner Avhatever be liable for the compensation of the commissioner, officers, or employees, employed by him, or by said commission, after said date. [Amendment approved February 25, 1897; Stats. 1897, ch. 28. J Sec. 3. Such commissioner shall appoint a sec- retary, who shall hold office at the pleasure of the commissioner, and until his successor is appoint- ed, and who shall receive a salary of one hundred and fifty dollars per month while actually em- ployed. The commissioner shall adopt a seal. Sec. 4. The commissioner shall perform such du- ties in the examination of lands subject to inunda- tion and overflow by flood waters, and of the w^a- ters causing and making such inundation and overflow, and in the preparation of plans and esti- mates of cost for works to regulate and control such flood waters, as he may be directed to per- form from time to time by the governor; and he shall perform such other duties in the examina- tion, supervision, and management of such public works, constructed or carried on by the state, or under state authority, or under any law of the state, as he may be directed to perform from time to time by law. He shall have the power to en«- Public Works. 989 ploy such engineers, assistants, attorneys, agents, and persons as lie may deem necessary to carry out the provisions of this act, or to perform any duties imposed by any law upon said commission- er, and to fix their compensation. Sec. 5. The sum of thirty thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated to pay the salaries and expenses of said commissioner and his employees, and for such other purposes as may be necessary or proper for carrying out the purposes of this act or the provisions of any law imposing duties upon said commissioner. And the controller of state is hereby directed to draw his warrants therefor, and the treasurer is di- rected to pay the same. Sec. 6. This act shall take effect immediately. An Act to provide for, insure, and maintain prefer- ence in the appointment, employment, and re- tention in the public service, and upon public works of the state of California, of honorably discharged ex-Union soldiers, sailors, and mar- ines of the war of the rebellion. [Approved March 31, 1891; Stats. 1891, p. 289.] An Act providing for the appointment of an au- diting board to the commissioner of public works, authorizing and directing him and them to perform certain duties relating to drainage, to purchase machinery, tools, dredges, and ap- pliances therefor, to improve and rectify wa- ter channels, to erect works necessary and in- cident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appro- priation of money for the purposes of this act. fStat. approved March 17, 1897; Stats. 1897; chap, exiv.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Sec. 1. Within thirty days after the passage of this act, the governor shall appoint five persons mo Public Works. who shall be citizens of the state of California, and not all members of the same political party, and who, after the first appointment, shall hold office for four years after their appointment, who shall be known as the auditing board to the com- missioner of public works. They must, within fif- teen days after receiving notice of their appoint- ment, meet in the city of Sacramento and organize by selecting from their number a president and secretary. But of those appointed under this act, the term of office of two shall be for two years, and the term of the others for four years, and the governor shall designate, in their commissions, their respective terms. Thereafter all shall be ap- pointed for four years. All vacancies shall be filled in like manner by appointment from the governor, but the person appointed to fill a va- cancy shall QU only the unexpired term. No mem- ber thereof shall recover any compensation what- ever, but they may be paid their reasonable trav- eling expenses in attending meetings, to be audit- ed by the board of examiners. They shall meet at Sacramento city once in two months, and oftener if required. Sec. 2. For the purposes of this act, the report of the commissioner of public works, dated No- vember sixteen, eighteen hundred and ninety-six, and accompanying reports and plans of engineers, shall be adopted and made the basis of operations, and the plans therein specified for promoting drainage and improving and rectifying river chan- nels, shall, as far as practicable, be carried out and finished as herein provided. Sec. 3. The commissioner of public works shall have charge and superintendence of all work au- thorized by this act, and shall employ and direct all employees, but no expenditure shall be made without the sanction of the auditing board. The Commissioner of public works shall determine the character and extent of the work to be done in accordance with the said report, and shall have full power to carry on and complete the same. Sec. 4. There is hereby appropriated out of any money in the state treasury not otherwise appro- priated, the sum of three hundred thousand dol- lars, to be paid to the said auditing board, and to be expended for the purposes hereinafter speci- I»ublic Works. 991 fied, to wit: for the purchase, construction, and operation of one or more dredgers, or machines, and appliances to improve and rectify the river channels of the state of California, so as to pro- mote drainage and to protect towns and cities of the state of California from inundation, as out- lined and described in the said report of commis- sioner of public works; to erect, build, and con- struct embankments, and other works, where nec- es.sary, for cariying out the purposes of this act; to employ persons in and about said work, and to purchase such supplies as may be neces- sary for the carrying on of the same, and for do- ing all other work described in said report, to im- prove and rectify" river channels so as to promote drainage. Sec. 5. The commissioner of public works shall have power to employ such persons in and about said work as the auditing board may determine to be necessary, at a compensation to be fixed by the auditing board. All contracts for the pur- chase of material and supplies, or for such work as can be done bj^ contract, where the expense thereof shall exceed the sum of five hundred dol- lars, shall be awarded to the lowest bidder, at a public letting thereof, and after a notice to bidders to be published in one newspaper published in the city of Sacramento, one in Stockton, and one in San Francisco, for at least one week; provided, that at least two weeks shall intervene between the last publication of said notice, and the time for opening bids; provided, the said bid is a fair and reasonable one. All bids required by this act shall be accompanied by such security as the auditing board may require, conditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnish- ing a penal bond, with good and sufficient sureties, in such sum as the auditing board may require, and to their satisfaction, that he will faithfully perform his contract. If all the bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for such time and in such papers as they see proper, for proposals, and may so continue to renew the advertisement un- til satisfactory contracts are made; and in the 992 I'ublic Works. meantime the bonrcl may contract for articles and supplies for immediate and temporary use, with any one whose offer is regarded as just and equit- able, or may purchase in the open marlvct. No bid shall be accepted, nor a contract entered into in pursuance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality consid- ered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or they may divide the contract be- tween the bidders as in their .indgment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segregate the items, and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The board shall have the power to reject the bid of any person who had a prior contract and w^ho had not, in the opinion of the board, faithfully complied therewith. If, how- ever, any sudden emergency should arise, render- ing it necessary, in the judgment of the auditing board, to protect worlds already completed, or to prevent any work in process of construction be- ing damaged by storms or flood waters, that im- mediate repairs or work should be done, the said commissioner of public works shall have power to perform such work, or make such repairs, in the manner which to him seems most advisable. Sec. 6. It will not be necessary to obtain the sanction of any other board or officer for the do- ing of any work, or the letting of any contract, except as herein specified, but all claims shall be audited by the state board of examiners as pro- vided for by law. Sec. 7. The auditing board may condemn the right of way necessary for the purpose of doing the work outlined and described in said report of the commissioner of public works, and may pur- chase or condemn all land and material necessary to carry out such plans of drainage, and may gen- erally connect with, enlarge or strengthen any work of construction, and may condemn any lands which may be by them deemed necessary for the Public Works. 993 purposes of the act, and it is hereby declared that such purposes are a public use and that said ap- propriation is for the public benefit; provided, however, that they shall not interfere with any existing reclamation worlc or cut ditches or drains without the consent of the board of trustees there- of on, in, or over any lands situated in any swamp land, reclamation, levee, or protection district. Sec. 8. Whenever the auditing board cannot procure from the owner or owners thereof, with- out purchase, the right of way or material need- ed for the construction of such works as are de- scribed in the said report of the commissioner of public works, or cannot procure the consent to join or connect with any existing works, or pro- cure lands necessary for the construction and com- pletion of the said system and plan described in said report, the said auditing board may, in their OAvn name or in the name of the state of Califor nia, proceed to condemn the same under the pro- visions of title seven, part three, of the Code of Civil Procedure, and amendments thereto, which are now existing or which may hereafter be made; provided, that cities, towns, levee districts, swamp land districts, reclamation districts, pro- tection districts, and all municipal corporations having levees, reclamation, or protection works shall have and retain the exclusive management and control thereof, subject to the right to con- nect the worlv as herein provided. Sec. 9. Any member of the auditing board, or the commissioner of public works, or any appointee or employee of either, who shall be interested in any contract for the construction of any work provided for by this act, shall be guilty of a fel- ony. Sec. 10. Nothing contained in this act shall in any manner affect the laws in force in reclama- tion and levee districts, nor shall any levees be condemned nor purchased under the provisions of this act. Sec. 11. The controller is hereby directed to draw his warrant in favor of the said auditing board for the amount appropriated by this act, and the treasurer is hereby directed to pay the . The common council, board of supervis- ors, or other governing body of such city, or city and county, may make payments on such contract from time to time, as work progresses or mate- rials are furnished; but until the contract is com- pleted, at no time shall the payments exceed sev- enty-five per centum of the value of the labor or materials furnished. Sec. 7. The plans and specifications herein re- ferred to shall be secured by said board or body after the publication for ten days in a daily news- paper of general circulation in such city, or city and county, of a resolution inviting the submis- sion of competitive plans and specifications for said building or buildings. Said resolution shall contain a general statement of the purposes for which said building or buildings are to be used, the cost thereof, and the character of the design required. Said plans and specifications may be 1000 Public Works. submitted to siicli board or body under such re- quirements and conditions, and at such time as :^j said board or body may prescribe. Sec. 8. This act shall take effect and be in force from and after its passage. An Act to regulate the erection of public buildings and structures. [Approved April 1, 1872; 1871-2, 92.5.] Plans and specifications— Advertisement. Section 1. When by any statute of this state power is given to any state or county officer or of- ficers, or to any board of supervisors or corpora- tion, or any board of trustees or commissioners, or other person or persons created or appointed by authority of any such statute, to erect, or cause to be erected or constructed, any state or county or other building or structure, it shall be the duty of said oflicer or officers, board of supervisors, cor- poration, or board of trustees, or commissioners, or other person or persons, to advertise for plans and specifications in detail for said building or other structure, and to state in said advertisement the amount authorized by laAV or otherwise to be expended for the erection of said building or struc- ture; and also the premium to be awarded to the arcliitect whose plans and specifications for the 'same may be adopted. Architect's bond for contract. Sec. 2. Whenever the plans and specifications of any architect shall be adopted, such officer or of- ficers, board of supervisors, or corporation, or board of trustees or commissioners, or other per- son or persons so ado])ting the same, shall, before any premium shall be awarded for such plans and specifications, require such architect to exe- cute and file with such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, a good and sufficient bond, with two sufficient sureties thereto, in the penal sum of five thousand dollars, to be approved by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, as the case may be, and conditioned that within sixty I'liblic Works. 1001 days from the date of said bond he will, on pre- sentment to him, enter into a contract containing such provisions and conditions as may be required by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons: and also conditioned that he "will give such further bond to secure the faithful performance of such contract, with such sureties as may be required of him, in the event that such officer or oflBcers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, so acting under author- ity of law, should, within said sixty days, require said architect to enter into such contract to erect such building or structure, at the price named in said advertisement to be expended for such pur- pose. In case said architect whose plans and specifications are adopted should enter into such contract, it shall be the duty of such officer or of- ficers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, to employ a competent architect or super- itrMi'lent to superintend the erection of such building or structure, and to see that such plans and specifications are faithfully carried out. Wlien contracts void. Sec. 3. All contracts entered into by such offi- cer or officers, board of supervisors, corporation, board of trustees, commissioners, or other person or persons, in violation of the provisions of this act, shall be null and void. K Sec. 4. This act shall take effect and be in force p^ r* from and after its passage. H ^ An Act to regulate contracts on belialf of the state in relation to erections and buildings. [Approved March 23, 1876; 1875-6, 427.] Before contracting, plans to be furnished. Section 1. That in all cases where the commis- sioners, directors, trustees, or other officer or of- ficers, to whom is confided by law the duty of de- vising and superintending the erection, alteration, addition to. or improvement of any state institu- tion, asylum, or other improvement, erected, or now being erected, or to be erected, by the state. 1002 Public Works. suoL commissioners, directors, trustees, or other officer or officers, before entering into any contract for tlie erection, alteration, addition to, or im- ^provement of such institution, asylum, or other 'improvement, or for the supply of materials there- of, the aggregate cost of which erection, alteration, addition, or improvement, and materials therefor, exceed the sum of three thousand dollars, shall make, or procure to be made, a full, complete, and accurate plan or plans of such institution, asylum or other improvement, or of any addition to, or alteration or improvement thereof, in all its parts, showing all the necessary details of the work, to- gether with working plans suitable for the use of the mechanics or other builders during the con- struction thereof, so drawn and represented as to be plain and easily understood; and also accurate bills, showing the exact amount of all the different kinds of materials necessary in the erection there- of, addition thereto, or in the alteration or im- provement thereof, to accompany said plan or plans: and also full and complete specifications of the work to. be done, showing the manner and style in which the same will be required to be done, giving such directions for the same as will enable any competent mechanic or other build- er to carry them out, and afford the bidders all needful information to enable them to understand wiiat will be required in the erection, addition to, alteration, or improvement of such institution, asy- lum, or other improvement, and to make, or cause to be made, a full, accurate, and complete estimate of each item of expense, and the entire aggregate cost of such institution, asylum, or other improve- ment, or of any addition to, alteration or improve- ment thereof, when completed, rians. etc., to be approved by governor, treas- urer, and secretary of state. See. 2. That such plans, drawings, representa- tions, bills of materials, and specifications of work, and estimates of the cost thereof, in detail and in the aggregate, as are required in the first section of this act to be made, shall be, when made, sub- mitted to the governor, state treasurer, and secre- tary of state, for their approval, and if approved by them, a copy thereof shall be deposited and safely kept in the office of controller of state. Public Works. 1003 Sealed proposals, notice of. Section 3. That after such plans, descriptions, bills of materials, and specifications and estimates as are in this act required are made and approved, in accordance with the requirements of this act, it shall be and is hereby made the duty of such commissioners, directors, trustees, or other officer or officers to whom the duty of devising and super- intending the erection, addition to, alteration, or improvement of such institution, asj'lum, or other improvement as in this act provided, to give or cause to be given public notice of the time and place when and where sealed proposals will be received for performing the labor and furnishing the materials necessary to the erection of such institution, asylum, or other improvement, or for the adding to, altering, or improvement thereof, and a contract or contracts based on such sealed proposals will be made, which notice shall be pub- lished weekly for four consecutive weeks next preceding the day named for the making of such contract or contracts, in the paper having the larg- est circulation in the county where the work is to be let, and in three dailj^ papers having the largest circulation and published one in each of the cities .of Los Angeles, Sacramento, and San Francisco, and shall state when and where such plan or plans, descriptions, bills, and specifications can be seen, and which shall be open to public inspection at all business hours between the date of such notice and the ]uaking of such contract or con- tracts. The aforesaid notice must state that sep- arate bids will be received and separate contracts let for the performance of each of the following parts of said erection, addition, alteration, or im- provement, including the furnishing of materials and labor necessary therefor, viz.: first, for the masonry work, including all brick, stone, terra cotta, and concrete Avork, and all necessary exca- vations and filling; second, for the iron work; third, for the carpenter, plastering, electric, and glazing work; fourth, for the plumbing and gas- fitting work: fifth, for the heating work; sixth, for tlie tinning, galvanized iron, and slating work; and seventh, for the painting and graining work; and there shall be in all such cases as many separate contracts let therefor as there are ditfer 1004 Public Works. ent kinds of work, according to the foregoing- classification, wlietlier the same be let by tlie state board of harbor commissioners or any other of the aforesaid commissioners, directors, trustees, or other officer or officers. [Amendment approved March 27, 1895; Stats. 1895, chap. cxci. In effect immediately.] Bond that contractor will perform contract. Sec. 4. That on the day named in said public no- tice, said commissioners, directors, trustees, or of- ficer or officers, as aforesaid, shall proceed to pub- licly open said sealed proposals, and shall award such contract or contracts for doing the work and furnishing materials for the same to the lowest bidder, giving responsible bonds; provided always, that no proposals shall be considered unless ac- companied with a bond of said proposer, equal to ten per cent of his proposal, with sufficient sureties, conditioned that if said proposal shall be accepted the party proposing will duly enter into a proper contract, and faithfully perform his or their eon- tract or contracts, in accordance with said pro- posal, and the plan or plans, specifications, and de- scriptions, which shall be and are hereby made a part of such contract or contracts; and provided further, that such contract or contracts shall not be binding on the state until they are submitted to the attorney-general, and by him found to be in accordance with the provisions of this act, and his certificate thereon to that effect made; and provided further, that if in the opinion of such commissioners, directors, trustees, or other offi- cer or officers, the acceptance of the lowest bid or bids shall not be for the best interests of the state, it may be lawful for them, with the written advice and consent of the governor, state treasurer, and secretary of state, to accept such proposal or pro- posals opened, as in their opinion may be better for the interests of the state, or reject all pro- posals and advertise for others in the manner aforesaid. All contracts shall provide that such commissioners, directors, trustees, or other officer or officers may, as hereinafter provided, and on the conditions stated, make any change in the work or materials. Public Works. 1005 No change in plan to be made unless approved as original. Sec. 5. Tliat no change of the plan or plans, de- scriptions, bills of materials, or specifications which shall either increase or decrease the cost of said institution, asylum, building, or improvement, exceeding the sum of one thousand dollars, shall be made or allowed after they are once approved and filed with the controller of state as herein re- (iiih-ed. until such proposed change shall have re- ceived the approval of the governor, state treas- urer, and secretary of state; and when so approv- ed, the plan or plans of such change, with the de- scription thereof, and the specifications of the work, and bills of material, shall be filed with the controller of state in the same manner as required before such change was made: and no allowance whatever shall be made for work performed or ma- terials furnished under such change of plan or plans, or descriptions, or specifications, or bills of materials, unless, before such labor is perform- ed and materials furnished, a contract or contracts therefor is made in writing, which contract or contracts shall show distinctly the nature of such change, and shall be subject to all the conditions and provisions herein imposed upon the original contracts, and be subject also to the approval of the attorney-general as hereinbefore- provided; provided, that all changes in the contract exceed- ing five hundred dollars shall be by contracts in writing", with full specifications and estimates, and sliall become a part of the original contract, and sliall be filed with the controller of state, with the original contract; and provided further, that the amount of such change in the contract, plans, de- scriptions, bills of materials, or specifications shall not. in the aggregate, increase the cost of construc- tion of said" institution, asylum, building, or im- l>rovement more tlian three per centum of the ori- ginal contract price or cost. Whole cost not to exceed amount authorized by law. Sec. 6. That no contract or contracts shall be made for the labor or material herein provided for at a price in excess of the entire estimate thereof in this act required to be made, and the entire contract or conlracts shall not, including 1006 Public Works. estimates of expenses for architects and other- wise, exceed in the aggregate the amount author- ized by law for such institution, asylum, building, or other improvement, or such addition to, or al- teration or improvement thereof, under the penal- ties of section ten of this act hereinafter provided. Directors, etc., to estimate labor and materials, and amount due. Sec. 7. At the time or times named in the con- tract or contracts made and filed with the con- troller of state, or which has been previously made and filed with him, in accordance with the provisions of this act, for payment ,to the person or persons with whom such contract or contracts had been made, it shall be and is hereby made the duty of the commissioners, directors, trustees, or other officer or officers, to whom is confided the duty of superintending the erection of such insti- tution, asylum, building,, or improvement, or add- ing to, altering, or improving the same, to make or cause to be made a full, accurate, iind detailed estimate of the various kinds of labor performed and materials furnished under such contract or contracts, with the amount due for each kind of labor and materials, and the amount due in the aggregate, which estimate shall be based upon an actual measurement of the labor so performed and materials so furnished, which estimate shall, in all cases, g'ive the amounts of the preceding esti- mate, or estimates, and the amount of labor per- formed and materials furnished since the last es- timate, which estimate or estimates so made, as in this act required, shall be recorded in a book for that purpose to be provided and kept, or caused to be kept, by the said commissioners, directors, trus- tees, or other officer or officers, and a certified copy thereof, addressed to the controller of state by the said commissioners, directors, trustees, or other officer or officers, or by such person as they may designate for that purpose, be delivered to the contractor or contractors, entitled thereto; pro- vided, that upon all estimates of materials fur- nished and delivered, and not actually having en- tered into and become a part of said institution, building or other improvement, there shall not be paid, until the same shall be incorporated into Public Works. 1007 and become a part of said institution, building, or other improvement, exceeding fifty per centum of such estimated value. Controller to compare estimate with contract. Sec. 8. It shall be the duty of the controller of state, on the receipt of such estimate so certified and approved, to compare, carefully the same with the contract or contracts under which labor was done or materials furnished, and if there had been any previous estimates, then with such esti- mates; and if, upon such comparison, he shall find such last-named estimate in all respects correct, he shall number the same, place it on file, and have a record thereof made, and give to the person or persons entitled thereto, taking his or their re- ceipt therefor, a warrant on the treasurer of state for the amount shown by such estimate or esti- mates to be due, less the amount of ten per cent- um thereon, which shall be retained as an addi- tional security for the faithful performance of his or their contract or contracts, and shall be for- feited to the state in the event of a failure of such contractor or contractors to conform in good faith to the terms and conditions of such contract or contracts; but when the labor to be performed and materials furnished, under such contract or con- tracts, is performed and furnished, and a final es- timate thereof made, the controller of state shall include in the warrant or warrants for the amount of such last estimate the percentage re- tained on former estimates. Sec. 9. The treasurer of state shall pay the warrants issued by the controller of state, under and by virtue of the provisions of this act, plac- ing the same on file, and keeping a register of the names of the person or persons to whom such war- rants are paid. Officer making fraudulent plans or estimates. Sec. 10. Any commissioner, director, trustee, or other officer or person otherwise appointed, whose duty it is to supei^intend, in whole or in part, the erection of such institution, asylum, building, or improvement, or of adding to, altering, or the im- provement thereof, or the making of the plans, de- scriptions, and specifications of the labor to be per- formed and materials to be furnished, as provid- 1008 Public Works. ed ill this act, and the estimates of the cost there of, or the estimates of tlie amount of labor doiie and materials furnished from time to time, under and in accordance with the terms and conditions of the contracts in this act authorized to be made, and the provisions of this act, who shall, in the performance of the duty herein imposed upon him or upon them, knowingly make incomplete or fraudulent plans, drawings, bills of materials, specifications of work, or estimates of the cost thereof, or permit the work in any other manner than is prescribed in such plans, descriptions, and specifications, or with materials inferior to that required by such bills of materials, to the injury of the state; or shall knowingly make false esti- mates of the labor done or materials furnished, either in the quantity or price thereof, to the in- jury of the state; or any contractor, or any agent of any contractor or contractors, who shall know- ingly permit materials to be used or work to be done inferior to, or in violation of, the contract of such contractor or contractors, to the injury of the state, shall be deemed and held p-uiltv of a felony, and upon conviction thereof shall be confined in the state prison for not less than one year nor more than five years, and be liable to the state for double the amount the state may have lost, or be liable to lose, by reason thereof. Attorney-general to enforce contracts. Sec. 11. It shall be tlie duty of the attorney-gen- eral to have charge of and direct all the proceed- ings necessary to enforce the contracts authorized by this act and the provisions of this act, against such person or persons as become liable to the penalties herein prescribed. OfRcers to require diligence in contractor. Sec. 12. Whenever, in the opinion of the commis- sioners, directors, trustees, or other officers charged with the duty of devising and superintending the erection, alteration, addition to, or improvement of any state imstitution. asylum, building, or other iiTiprovement under this act, or any law of this state, the work nnder any contract made in pur- suance of this act, or any such law, is neglected by the contractor or contractors, or that the same is Public Works. 1000 fled, meant, or intended in and by tlie terms of the contract, it shall be laTV'ful for such commissioners, directors, trustees, or other officers to make a req- uisition upon such contractor or contractors for such additional specific force, or for such addition- al specific materials, to be brought into the work under such contract, or to remove improper mate- rials from the grounds, as in the judgment of such commissioners, directors, trustees, or other offi- cers, said contract and its due and faithful fulfiU- m.ent require; of which action of said board or other officers, due notice in writing, of not less than five days, shall be served upon such contrac- tor, or his or their agent having charge of the work. And if such contractor or contractors fail to comply with such requisition within fifteen days, it shall be lawful for said commissioners, di- rectors, trustees, or other oflacers, with the consent, in writing, of the governor, treasurer of state, and secretary of state, to employ upon such work the additional force, or supply the materials so specif- ically required as aforesaid, or such part of either as they may deem proper, and to remove improper materials from the grounds; and it shall be the duty of such commissioners, directors, trustees, or other officers, to make separate estimates of all such additional force or materials so employed or supplied as aforesaid, and which, being certified to by said commissioners, directors, trustees, or other officers, shall be paid by the controller of state the same as if made out agreeably to section seven of this act, and the amount so paid shall be charged against said contractor or contractors, and deducted from his or their next, or any subse- quent, estimate; or the same, or any part thereof, not paid as aforesaid, may be recovered by action from such contractor or contractors, and their sureties. Time to be fixed for completion of contract. Sec. 13. In all contracts made under the provi- sions of this act, there shall be a provision in re- gard to the time when the whole, or any specified portion, of the worlv contemplated in said con- tract shall be completed, and also providing that for each and every day the same shall be delayed beyond such time or times so named, the said con-. Gen. Laws- 8.5. 1010 Public Works. tractor or contractors shall forfeit and pay to the state a sum of money, to be fixed and determined in said contract, to be deducted from any payment or payments due, or to become due, to said con- tractor or contractors. Applicable to former contracts. Sec, 14. All contracts now made and not per- formed, for the erection, alteration, addition to, or improvement of any state institution, asylum, building, or other improvement, shall, as far as practicable, be performed, completed, and enforced and settled for under this act, or may, by the con- sent of the contracting parties, be made to conform to and proceed under the provisions of this act. Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 16. This act shall take effect from and after its passage. An Act to provide for the completion of all unfin- ished county, city, city and county, town, and township buildings in the several counties, cit- ies and counties, cities, and towns, through- out the state of California. [Approved March 10, 1887; 1887, 95,] Construction of unfinished buildings. Section 1. In the event that the Board of Super- visors of the several counties, cities, and cities and counties of the State of California shall deem it expedient to continue the construction of any un- \ finished county, or city and county, or town, or ^^ township building or buildings now in the process ,,_^ of construction, they are hereby authorized and >^;,; empowered to express such judgment, by resolu- ^vVtion or order, in such form as they may deem proper; and for the purpose of raising the money necessary to complete said building or buildings the Board of Supervisors of the several counties, cities, and cities and coun- ties of the State of California are hereby author- ized and empowered to levy and collect, annually, for the fiscal year commencing July first, eighteen hundred and eighty-seven, and ending June thir- tieth, eighteen hundred and eighty-eight, and each and every fiscal year thereafter during the eight Public Works. 1011 fiscal years next ensuin^^', in the same manner and at the* same times as other taxes in said counties, cities, and towns, and townships, and cities and counties are levied and collected, an ad valorem property tax on real and personal property within the said counties, or cities and counties, cities, towns, and townships, of ten cents on each one hundred dollars of value, as shown by the assess- ment rolls of said counties, cities, cities and coun- ties, towns, and townships for the current fiscal year: provided, the moneys raised under the pro- visions of this Act shall be expended only in the manner and for the purposes authorized by law, or by the Act or Acts authorizin.^* the construction of the building or buildings: and provided further, that no part of said moneys shall be used for the purchase of carpets, furniture, fixtures, or other office furnishings of the rooms or offices com- pleted and in use at the time of the passage of this Act, nor for any furniture or other office fixtures or furnishings for the rooms or offices yet to be completed, save and except such office fixtures as are usually affixed to and constitute a part of the permanent structure or arrangement of such of- fices or rooms; and it is further provided, that whenever, in the judgment of the Board of Super- visors of the several counties, cities, and cities and counties of the State of California, or of any person or persons, board, or commission having charge of any building or buildings now in the process of construction, it shall be deemed neces- sary for the preservation of the building or build- ings, or convenient occupation thereof, or the im- provement or maintenance of sanitary conditions therein, or the protection of life, to make repairs on said building or buildings, or alterations there- of not inconsistent with the accepted plan of the building or buildings, the Board of Supervisors, person or persons, board, or commission having legal charge of the same, shall have the power to expend in any one year on such repairs or altera- tions, exclusive of the cost of repairs or altera- tions on the roof or roofs thereof, the sum of ten thousand dollars, and no more; which sum may be expended without regard to any of the require- ments of any Act or Acts authorizing the construc- tion of the building or buildings, if the amount 1012 Public Works. expended at any one time does not exceed the sum of one thousand dollars; but whenever an expen- diture in excess of the sum of one thousand dol- lars should be required, it shall be made according to tlie provisions of the Act or Acts authorizing the construction of the building or buildings. [Amendment approved March 26, 1895; Stats. 1895, chap, clxii. In effect immediately.] Sec. 2. All laws now in force, except in so far as they relate to the levy and collection of taxes for the completion of any county, or city and county, or city, or towns, or townships building or buildings, are hereby continued in full force and effect. An Act concerning the completion of unfinished public buildings in any county, city, city and county, or town in this state, and permitting alterations of the original plans or designs for the construction thereof. [Stat, approved March 26, 1895. Stats. 1895, chap, clxi.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Where there are any unfinished pub- lic building or buildings now in process of con- struction in any county, city, city and county, or town in this State, the Board of Supervisors or other governing body of any county, city, city and county, or town, or any commission created by an Act of the Legislature, having in charge the construction of such unfinished building, shall have the right in the construction thereof to omit from the original or adopted plan therefor such part or parts as in their judgment they shall deem necessary to be left out; provided, no contract has been let for the construction of such part or parts. If, in the judgment of such officers, the public good requires, they may let contracts according to law for the construction, in whole or in part, of the unfinished portions of such public building or buildings in accordance with such altered plan. When the same shall have been constructed in ac- cordance with such altered plan, the building shall be deemed to have been completed. Public" Worlis. 1013 Sec. 2. Wbeuever, during the construction of such public building or buildings, changes in the original plans or designs have heretofore been made, and contracts for the construction of the worli, in whole or in part, in accordance with the altered plans or designs, have been entered into by the Board of Supervisors, or other govern- ing body of any county, city, city and county, or town, or by the commission having the construc- tion thereof in charge, the said alteration of the original plans or designs that have been made and contracts for same that have been entered into, are hereby ratified, approved, and* confirmed. Sec. 3. This Act shall take effect from and after its passage. An act authorizing the incurring of indebt- edness by cities, towns, and municipal cor- porations' incorporated under the laws of this state; for the construction of water- works, sewers, and all necessary public improvements, or for any purpose what- ever, and to repeal the act approved March 9, 1885, entitled "An Act to authorize municipal corporations of the fifth class, con- taining more than three thousand and less than ten thousand inhabitants, to obtain water- works"; also to repeal an act approved March 15, 1887, entitled "An Act authorizing the in- curring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state." [Approved March 19, 1889; 1889, 399.] Municipal corporations may incur indebtedness. Section 1. Any city, town or municipal corpo- ration, incorporated under the laws of this state, may, as hereinafter provided, incur indebtedness to pay the cost of any municipal improvement, or for any purpose whatever requiring an expendi- ture greater than the amount allowed for such im- provement by the annual tax levy. Manner of procedure. Sec. 2. Whenever the legislative branch of any city, town, or municipal corporation shall, by or- 1014 Public Works. clinance passed by a vote of two-thirds of all Irs members, and approved by the executive of said city, town, or municipal corporation, determine tliiit the public interest or necessity demands the acquisition, construction, or completion of any mu- nicipal buildings, bridges, water-works, water rr'ghts, sewers, or other municipal improvements, the cost of which will be too great to be paid out of the ordinary annual income and revenue of the municipality, they may, after the publication of such ordinance for at least two weeks in some newspaper published in such municipality, and at their next reguhir meeting after such publication, or at an adjourned meeting, by ordinance passed by a vote of two-thirds of all its members, and also approved by the said executive, call a special elec- tion and submit to the qualified voters of said city, town, or municipal corporation, the proposition for the purpose set forth in the ordinance, and no question other than the incurring of indebt- edness for said purpose shall be submitted. The ordinance calling such special election shall recite tlie objects and purposes for which the indebtedness is proposed to be incurred, the es- timated cost of the proposed public improvement, the necessity for such improvement, and that bonds of the municipality shall issue for the pay- ment of the cost of such improvement, as in such ordinance set forth, if the proposition be accepted by the qualified voters, as hereinafter provided, and shall fix the day on which such special elec- tion shall be held, the manner of holding such elec- tion, and the voting for or against incurring such indebtedness; such election shall be held as pro- vided by law for holding such elections in such city, town, or municipal corporation; provided, however, that Avhere by the terms or provisions of the charter of any city, town, or municipal cor- poration, the cost of making the proposed im- provements is to be or must be paid from a spec- ial fund created by such charter for that pur- pose, the proposition of incurring such an indebt- edness may be submitted to the qualified voters at any general election for officers of the state of California or of such city, town, or municipal cor- poration. [Amendment approved March 11, 1891, Slats. 1891, p. 94.] Public Works. 1015 \ Publication of iutention to incur indebtedness. Sec. 3. Sucli ordinance sLall be published once a day for at least ten days, or once a week for two weeks, before the publication of the notice of the special election, in some newspaper published in such municipality. After said publication, said legislative body shall cause to be published, for not less than two weeks, in at least one of the newspapers published in such municipality, a no- tice of such special election, the purpose for which the indebtedness is to be incurred, the number and character of the bonds to be issued, the rate of in- terest to be paid, and the amount of tax levy to be made for the payment thereof. It shall require the votes of two-thirds of all the voters voting at such special election to authorize the issuance of the bonds herein provided. Plans and estimates of improvements. Sec. 4. It shall be the duty of the legislative branch of any municipality contemplating perma- nent public improvements, to first have plans and estimates of the cost of such improvements, made by a competent engineer or architect who has had successful experience in such work, before the question of incurring an indebtedness for such improvement is submitted to vote. Limit of indebtedness. Sec. 5. No city, town, or municipal corporation shall incur an indebtedness for public improve- ments which shall, in the aggregate, exceed fifteen per cent of the assessed value of all the real and personal property of such city, town, or municipal corporation. [Amendment approved March 11, 1S91; Stats. 1891, p. 84.] Character of bonds. Section 6. All municipal bonds for public im- provements issued under the provisions of this act shall be of the character of bonds known as ser- ials, and shall be payable in gold coin or lawful money of the United States, in the manner follow- i'jg: One fortieth part of the whole amount of in- debtedness shall be paid each and every year, on a day and at a place to be fixed by the legislative branch of the municipality issuing the bonds, to- gether with the interest on all sums unpaid at such date. The bonds shall be issued in such de- 1016 Public Works. nominatious as the legislative branch of the muni- cipality may determine, except that no bonds shall be of a less denomination than one hundred dol- lars nor of a greater denomination than one thou- sand dollars each, payable on the day and at the place fixed in such bond, and with interest at the rate specified in the bond, which rate shall not be in excess of the legal rate of the state of Califor- nia, and may be payable annually or semi-annu- ally. Such bonds may be issued and sold by the legislative branch of the city, town, or municipal corporation, as they may determine, at not less than their face value, in gold coin of the United States, and the proceeds of such sale shall be placed in the municipal treasury to the credit of the proper improvement fund, and shall be applied exclusively to the purposes and objects mentioned in the ordinance, until such objects are fully ac- complished, after which, if any surplus remains, such surplus shall be transferred to the general fund of such municipality. [Amendment approved March 1, 1893; Stats. 1893, p. 61. In effect imme- diately. Repealed all conflicting acts.] [This section was in turn repealed by the act of March 9, 1897; Stats. 1897, p. 75.] Rate of interest. Sec. 7. The legislative branch of any city, town, 01 municipal corporation, issuing bonds under au- thority of this act, shall have the right to deter- mine the rate of interest such bonds shall bear; provided, that in no case shall it exceed seven per cent per annum, and to name the date and place where such bonds and interest shall be paid; pro- vided, that the place of payment shall be either at the oflice of the treasurer of the municipalitv, or at some designated bank in San Francisco, Chi- cago, New York, or Boston. The said bonds shall be signed by the executive of the municipality, and also by the treasurer thereof, and shall be counter- signed by the clerk. The coupons of said bonds shall be numbered consecutively, and signed bv the treasurer. Tax levy. Section 8. The legislative branch of said city, town, or municipal corporation shall, at the time of fixing the general tax levy, and in the manner Public Works. ' 1017 for such general tax levy provided, levy and col- lect annually, each year, for the term of forty years, a tax sufficient to pay the annual interest on such bonds, and also one-fortieth part of the aggregate amount of such indebtedness so incur- red. The taxes herein required to be levied and <]ollected shall be in addition to all other taxes levied for municipal purposes, and shall be col- lected at the same time and in the same manner as other municipal taxes are collected. [Amend- ment approved March 1, 1893; Stats. 1893, p. 61. In effect immediately. Repealed all conflicting acts.] [This section was in turn repealed by the act of March 9, 1897; Stats. 1897, p. 75.] Duty of corporation. Sec. 9. It shall be the duty of the legislative branch of every city, town, or municipal corpora- tion wherein public improvements are being made under the provisions of this act, to make all need- ful rules and regulations for carrying out and maintaining such improvements, to appoint all r.eedful agents, superintendents, and engineers to properly look after the construction and operation of such public works, and in all lawful ways to protect and preserve the rights and interest of the municipality; provided, however, that in cities, towns, or municipalities operating under a charter heretofore or hereafter framed under section 8 of article xi of the constitution, and having a board of public works, all the matters and things required in tliis section to be done and performed by the legislative branch of the municipality shall be done and performed by the board of pub- lic works of such city, town, or municipality. [Amendment approved March 19, 1891, Stats. 1891, p. 132.] Letting of contracts. Sec. 10. All contracts for the construction or completion of any public work or improvements, or for furnishing labor or materials therefor, as herein provided, shall be let to the lowest responsi- ble bidder. The legislative branch of the munici- pality shall advertise for at least ten days, in one o" more newspapers published in the municipality, 1018 Public Works. inviting sealed proposals for furnishing the labor and materials for the proposed improvements, be- fore any contracts shall be made therefor. The said legislative branch shall have the right to re- quire such bonds as they may deem best, from the successful bidder, to insure the faithful perform- ance of the contract work. They shall also have the right to reject any or all bids; provided, how- ever, that in cities, towns, or municipalities oper- ating under a charter heretofore or hereafter framed under section 8 of article xi of the consti- tution, -and having a board of public works, all the matters and things required in this section to be done and performed by the legislative branch of the municipality shall be done and performed by the board of public works of such city, town, or municipality. [Amendment approved March 19, 1891, Stats. 1891, p. 132.] Additional bonds of treasurer. Sec. 11. Whenever the legislative branch of any municipality shall, by resolution, deem it neces- sary, they may require the treasurer of such muni- cipality to give additional bonds for the safe cus- tody and care of the public funds. Repealing acts 1885, 1887. Sec. 12. The act approved March ninth, eighteen hundred and eighty-five, entitled "An Act to au- thorize municipal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain public water- works," and the act approved March fifteenth, eighteen hundred and eighty-seven, entitled "An Act authorizing the incurring of indebtedness by cities, toAvns, and municipal corporations, incorpo- rated under the laws of this state," and all general acts, or special acts, or parts of acts, conflicting with this act, are hereby repealed. Sec. 13. This act shall take effect and be in force from and after its passage. The act of March 15, 1887. was also amended by act approved February Ifi. 1889; Statutes 1889, 14. Quarantine. 1019 TITLE 224. QUARANTINE. An Act to establish a quarantine for the bay and harbor of San Francisco, and sanitary laws for the city and county of San Francisco. [Approved April 4, 1870; 1869-70, 716.] This act was amended March 16, 1876; 1875-6, 305. Other special acts relating to quarantine in San Francisco: See Deering's Annotated Political Code under section 3032. An Act to regulate quarantine, and the admission of horses, cattle, sheep, and swine into the state of California from infected districts. [Approved March 19, 1889; 1889, 375.] Quarantine against entry of domestic animals. Section 1. The state board of health shall be empowered to declare quarantine against the en try of domestic animals from any state or terri tory, or any foreign port or country, in which con tagious or infectious diseases are linown to exist; said infected parts to be named in the proclama- tion. Entry of, through state board of health. Sec. 2. All domestic animals coming into the state from districts mentioned in section one must be required to enter the state at such points only ac the state board of health may by proclamation determine, and designate where they must be un- loaded for inspection. Evidence of owners. Sec. 3. All owners of domestic animals coming into this state from localities quarantined against will be required to furnish the following evidence that such animals are free from disease. First— The affidavit of two disinterested parties, who have known such animals for a period of four iLvonths prior to the date of shipment, that they have been healthy, and exposed to nc^ contagious 1^ 1020 Quarantine. disease, and that no contagious disease is knowa or believed to exist in the district or country from which they came. Second— The certificate of the county clerk of the county, that persons making such affidavit are responsible and reputable citizens of the county. Third— The affidavit of the owner or person in (•barge, made at the point of entry, that such domestic animals are the identical animals de- scribed in the foregoing affidavits, and that ship- ment has been direct, and without unloading, ex- cept for food and water, and in cleansed and dis- mfected cars. Affidavit of owners. Sec. 4. Owners or persons in charge of domes- tic animals from localities not named in such proclamation must certify, under oath, that such domestic animals have been kept in one place for a period of four months immediately preceding the date of shipment (giving the name of the town and county and state, territory, or country), and have not been exposed to any contagious disease for a period of three months prior to the date of shipment. Evidence to be submitted. See. 5. All the foregoing evidence to be sub- mitted to the state veterinarian, or an authorized inspector of the state, when permits for shipment in this state shall be issued. Quarantined calves. Sec. 6. Dealers' calves gathered in quarantined states or territories will be quarantined at the points of entry. Domestic animals. Sec. 7. Domestic animals not receiving permits for shipment, and retained in quarantine, will be held at the owner's risk and expense. Same. Sec. 8. All domestic animals arriving at points of entry shall be inspected free of charge to the owner. Railway company must have permit. Sec. 9. No railway company doing business in this state shall receive for shipment into this state any domestic animals unless accompanied by a permili signed by an authorized inspector. Quarantine. 1021 Cattle, wlien not to enter state. Sec. 10. No cattle shall e^^ter this state from Texas, New Mexico, or Mexico, for grazing pur- I)oses during the months of March, April, May, June, July, August, September, October, and No- vember in each year. Shipment for slaughter. Sec. 11. All cattle from those parts mentioned in section ten entering this state during the months mentioned in section ten, and intended for butchering purposes, shall pass from the point of entry into the slaughter-house yard, which yard shall be specially constructed and isolated for the puipose of receiving such stock. The stock shall be unshipped in said yard direct from the cars running into the yards for that purpose. Character of cars. Sec. 12. Said cattle shall moreover be shipped in specially constructed cars, which will prevent the dropping of manure and urine on the track during transit, and in unshipping such cattle the cars shall be thoroughly disinfected with car- bolized whitewash. When may be unshipped. Sec. 18. All cattle entering this state for the purposes mentioned in section eleven shall only l-e unshipped between the point of entry and des- tination at places set apart by the state board of health in its proclamation: and no native stock !^;hall be Allowed at any time to enter said places; c-aid places shall be moreover thoroughly disinfect- ed in such manner as the state board of health may direct. Violation of act. Sec. 14. Any person or persons, corporations, or firms, who shall violate any of the provisions of this act. shall be liable for all damages sustained, and a fine of one thousand dollars, to be recov- t'red in any court of competent .iurisdiction, on ac- count of any contagious or infectious disease being communicated from any diseased animal to any other animal in the neighborhood, or along the line of such transportation of such diseased animals into or through this state, or from one part thereof to another; and the existence or pres- ence of such contagious or infectious disease Gen. Laws.— 86 1022 Kailroads. nmoiig the native cattle of this state on the same ranch with or in the vicinity of any such diseased animals, or along the line or route over which they were transported, shall be prima facie evi- dence that the same were affected with such di- sease at the time of being so removed or trans- ported, and communicated it to such native rtomestic animals so affected therewith. Definition. Sec. 15. The words "domestic animals" when- ever used in this act shall be construed to mean nnd include horses, mules, asses, cattle, sheep, goats, and swine. Irspectors to be appointed. Sec. 16. The state board of health are hereby- authorized to appoint one inspector for each of the ponts of entry by railroad communication into this state, who shall reside at such point as may be designated by the state board of health, and shall receive such compensation for actual sorv- ices as may be determined by said board, not to exceed one hundred dollars per month; such com- pensation to be paid out of any moneys in the state treasury not otherrvnse appropriated, upon the warrants of the controller of state drawn upon the certificate of the state board of health allowing the same. Sec. 17. This act shall take effect immediately. i TITLE 225. RAILROADS. A reference to acts bearing on this subject is contained in Deering's Annotated Penal Code, pp. 652, 653. An act granting the right of way and station grounds to the Southern California Railway Company over a portion of the asylum grounds in the county of San Bernardino. [Approved March 9, 1893; Stats. 1893, 121.] The purpose of the act is sufficiently indicated in the title. Railroads. 1023 An act to aiitliorize cities and towns to grant franchises for the construction and mainten- ance of railroads beyond the limits of such cities or towns leading to public parks owned thereby. The people of the state of California, represented in the senate and assembly, do enact as fol- lows: Sec. 1. It shall be lawful for the council, trust- '^es, or other governins; body of any citv or town owning public parks situated outside of said city or town, to grant franchises for the building an^' operation of railroads from any point in, or at the exterior boundary of such city or town, to, in or through such park, in the same manner and to "he same extent as it now has power to grant the same for street railroads within the limits of such city or town; provided, that in addition to all ether conditions, it shall be made a condition of such franchise that the fare of passengers on such road or roads shall never exceed five cents for a single trip. Sec. 2. All railroads, except as otheiT^ise pro- vided in this act, authorized by this act to be so ^ chartered shall be governed by the provisions of ^y Phrt four, title four, of the Civil Code of Califor- /"^ II ;a, concerning street railroads and corporations, <^^ so far as the same shall be applicable thereto, and f- of all acts amendatory thereof. Also by the pro- Q )\ ramie culture, and make an appropriation for \^ liis salary. \ [Approved March 31, 1891: Stats. 1891, p. 283.] The act appropriated $5,000 for the purpose in- dicated. ^ I . \ TITLE 227. tr^ RECLAMATION DISTRICTS. An act to provide for the issuing of bonds by re- clamation districts, and the disposal thereof for reclamation and other purposes, and their pay- ment by taxation upon the property situated in such reclamation districts. [Stat, approved March 27, 1895; Stats. 1895, chap, clxxiv.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever in the opinion of the board of trustees of any reclamation district now formed, or hereafter to be formed, under any law of this state, the cost of the worlds of reclama- tion according to the plans thereof will be too great to be raised by assessments as provided in the Political Code, said board of trustees shall or- der a special election to be held at some place in said district to be designated by said board of trustees, at which said special election shall be -submitted to the owners of land in said district the question whether or not the bonds of said dis- trict shall be issued in an amount necessary to construct said works of reclamation, which said amount shall be estimated by said board of trus- tees, and stated in the order for such special elec- tion. Reclamation Districts. 1025 Sec. 2. Notice of such special election must be given by the board of trustees by posting notices thereof in at least three public places in the dis- trict, at least twenty days prior thereto, and also by publication for the same time in some news- paper published in each county in which any por- tion of said district may be situated, if there be a newspaper published in each of such counties, and if there is no newspaper so published, then by such publication in each county in which there is a newspaper published, and such notice must specify the time and place of holding such elec- tion, the amount of bonds proposed to be issued, and the names of three land-holders of the dis- trict to act as a board of election. Sec. 3. At such election each holder of lands in the district shall be entitled to vote in person or by proxy, and shall have the right to cast one vote for each dollar's worth of real estate owned by him in the district, the value thereof to be de- termined from the next preceding assessment roll of the county where the same is situated; and the board of trustees of the district shall, prior to the election, procure from the assessor of each county where any portion of the district is situated, a list, certified by such assessor, containing a de- scription of all the land of the district situated in such county, the name of the person to whom each tract is assessed, and the value thereof as appears from the assessment roll of said county, which said list shall be furnished to and be used by the said board of election in determining the number of votes each voter is entitled to cast. No person shall vote by proxy at such election, unless authority to cast such vote shall be evi- denced by an instrument in writing, duly ac- knowledged and certified as grants of real prop- erty, and filed with the board of election. The ballots cast at such election shall contain the words "Bonds— Yes," or the words "Bonds— No," and also the name of tlte person casting the bal- lot, with the number of votes cast by him; and a list of the ballots cast shall be made by the board of election, containing the name of the voter, and if the ballot be cast by proxy, the name of the person casting it, the number of votes cast, and whether the same be cast for or against the issuing of the bonds. 1026 Keclamation Districts. Sec. 4. If tlie persons, or any of tliem, appoint- ed and specified in the notice of election as the board of election fail to attend at the time and place appointed for the election, the voters pres- ent at the time for opening the polls may appoint any land-holder of the district then present to fill the place of any absent member thereof. Each member of such board of election must, before entering' upon his duties as such, taken an official oath as such member of the board of election, which said oath may be administered by any offi- cer authorized to administer oaths, or by any land-holder in the district. The polls shall be kept open for the reception of votes from ten o'clock A. M. until four o'clock P. M. At , the close of the polls the board of election shall at once pro- ceed to canvass the votes, and declare the result and forward a certificate, showing the number of votes cast for and against the issuing of bonds, to the board of supervisors of the county where the district was formed, and deliver a duplicate thereof to the board of trustees of the district, and shall also deliver to the said board of trustees all ballots cast at such election, and all docu- ments and papers used at such election. Sec. 5. If a majority of the votes cast at such election are in favor of the issuance of bonds, the board of trustees of the district shall cause bonds in the amount stated in the order for elec- tion to be issued and placed in the custody of the treasurer of the cotmty in which the district was formed. Said bonds shall be of the denom- ination of one hundred dollars each, shall be nego- tiable in form, signed by the president of the board of trustees of the district, and the cliairman of the board of supervisors of said county, and attested by the clerk of said board of supervisors, and the seal of said board of supervisors, shall be num- bered consecutively as issued, and bear date at the time of their issue, and shall express on their face that they were issiied by authority of this act, stating its title and date of approval, and the date of the election at which their issuance was authorized. Said bonds shall bear interest at the rate of seven per cent, per annum, payable semi- anually on the first day of January and the first day of July in each year, at the office of said county treasurer, upon the presentation of the Eeclamation Districts. 1027 proper coupons therefor. Coupons for eacli in- stallment of interest shall be attached to said bonds, and shall be numbered, signed, and at- tested, in the same manner as the bond. The prin- cipal of said bonds shall be paid as follows, to wit: Ten per cent, of the whole amount of bonds issued, according- to tlieir consecutive numbers, shall be paid in ten years from the date of their issue, at the office of said county treasurer, and ten per cent, thereof each succeeding year there- after, until all are paid. If any bond shall not be presented for payment when the same becomes due, it shall cease to draw interest; but if pre- sented at such time, and not paid for want of funds, the said county treasurer shall so indorse it, and thereafter such bond shall draw interest until paid, at said rate of seven per cent, per an- num, payable semi-annually. Sec. 6. The treasurer of said county shall place the bonds prepared pursuant to this act to the credit of said district, and may at any time sell afey of said bonds for the best price obtainable therefor, but in no event for less than the face value of said bond, and the accrued interest thereon. Any money derived from the sale of said bonds by said county treasurer shall be placed in the treasury to the credit of said dis- trict, and a proper record of such transaction be placed upon the books of said treasurer. Sec. 7. The board of trustees of said district may draw orders upon the said county treasurer, payable in bonds or money in the proportion and to the amount therein named, to pay for labor or services performed for, or materials or property furnished to. said district, for the purpose of con- structing the reclamation works thereof, and the expenses necessarily incident to maintaining the same, and the contingent expenses of said dis- trict, which said orders shall be approved by the board of supervisors of the county where such district was formed, and thereafter be paid by said treasurer in the manner therein provided for, if such bonds or money then remaining in said treasury to the credit of said district be sufficient to pay the same. Sec. 8. The principal of said bonds, and the in- terest thereon, shall be paid by revenue derived from a tax levied upon the assessable real prop- 1028 Reclamation Districts. ei-ty of the district, and the board of supervisors of the county wherein said district was formed, at the time of malving the levy of taxes for county purposes, must levy a tax for that year, upon the taxable real property in such district, sufficient to pay the interest which may become due upon said bonds during such year, and if any portion of the principal of said bonds will become due during such year, then also in an amount suffi- cient to pay such portion of said principal. All taxes so levied shall be computed and entered on the assessment roll of the county where such land may be situated, by the county auditor, and col- lected by tlie tax collector, at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. Sec. 9. When such district is situated partly in different counties, the assessor of said county, or counties, other than the county where the district was formed, and in which any portion of such district may be situated, shall, prior to the time when the board of supervisors meets to make the levy for county purposes in each year, certify to the board of supervisors of the county where such district was formed, a statement of the total value of all the -taxable real property of said dis- trict, situated in his county; and when such board of supervisors shall have determined the rate of taxation necessary to be levied upon such prop- erty, the clerli of said board of supervisors shall certify the same, under the seal of said board, to the auditor of any county other than the county where such district was formed, and such auditor shall thereupon compute the tax, and enter the same upon the assessment roll of said county. When any taxes shall have been collected under any of the provisions of this act and placed in the treasury of any county other than the one in which said district was formed, the treasurer of such county must, when requested so to do by the board of trustees of said district, forward all mouey in such treasury to the county treasurer of the county in which such distj-ict was formed, who shall receive and receipt for the same, and place such money in the treasury of such county to the credit of said district. Sec. 10. No assessor, tax collector, treasurer, or Reclamation Districts. 1029 clerk sliall receive any fee for any service re- quired to be performed by them under the provis- ions of this act. All expenses necessarily incur- red in carrying out the provisions of this act shall be paid out of any money to the credit of the dis- trict for which the services are performed in the treasury of the county where the district was formed, upon the order of the board of trustees of said district, approved by the board of super- visors of said county. Sec. 11. This act shall take effect and be in force from and after its passage. In addition, the following acts may be referred /) to: J/ / An act to provide for the proper distribution, Xxbu ' the several county treasuries, of funds arising / Q /^i from the sale of swamp lands. [Approved March 28, 1874; 1873-4, 770.] An act to subject certain reclamation districts in the state to the provisions of the Political Code. [Approved March 10, 1885; 1885, 77.] An act relative to the powers of the boards of supervisors of the counties of Yolo and So- lano. [Approved March 25, 1874; 1873-4,. 602.] iL An act to facilitate the equalization of ^_ ments in reclamation districts. [Approved March 7. 1881; Stats. 1881, 69.] -$, ^ An act providing for appeals from orders forming reclamation or swamp-land districts, setting off lands from such districts, or consolidating districts. [Approved April 16, 1880, 119 (Ban. ed. 385).] T^c. 7 1030 Records— Roads and Highways. TITLE 228 RECORDS. Acts relating to, see Code of Civil Procedure, Appendix, title. Records, p. 865. TITLE 229. 1 RIVERSIDE COUNTY. l Ad act to create the comity of Riverside, classify it, define its boundaries, provide for its organi- zation, and the appointment election of offi- cers, the location of county seat by election, and the adjustment and fulfillment of certain rights and obligations arising between such county and certain other counties. [Approved March 11, 1893; Stats. 1893, p. 158.] TITLE 230. ROADS AND HIGHWAYS. See Highways; Parks. The Political Code, sees. 2(518 et seq., contains the general road law of the state. And section 2 of the liighway act of 1883 and all laws in con- flict with -that act, were repealed. But by section 2757 of that code, as originally adopted, the pro- visions of any statute then in force in any of the counties, in relation to roads and highways, were not to be affected by the code except when such special laws should be repealed, in which case the provisions of the code were to apply. A reference to special laws relating to this sub- ject is contained in Deering's Annotated Penal Code, pp. 653-656. I Rodeos— San Benito County. 1031 TITLE 231. RODEOS. The Political Code, sec. 19, and the Penal Code, sec. 23, continued in force all acts regulating and in relation to rodeos. These acts are contained in Deering's Annotated Penal Code, pp. 656-659. TITLE 233. SACRAMENTO COUNTY AND CITY. A reference to special laws relating to Sacra- mento city and county is contained in Deering's Annotated Penal Code, pp. 659-664. See in addition to those there referred to: An act to amend section six. of an act to provide for the redemption of the funded indebtedness, app. March 9. 1887; Stats. 1887, p. 75. An act to amend sees. 1, 5. 7, 8, 10 and 11 of an act to redeem the funded indebtedness of Sac- ramento, approved March 19, 1889; Stats. 1889, p. 325. An act entitled An act amendatory of and sup- plementary to an act approved April 25, 1863, en- titled an act to incorporate the city of Sacra- mento, approved March 6, 1872, contained in the statutes of 1889, p. 148. TITLE 233. SAN BENITO COUNTY. A reference to the local acts relating to San Be- nito countv is contained in Deering's Annotated Penal Code, p. 664. K K> 1032 San Benito County. An act to create the county of San Benito, to es- tablisli the boundaries thereof, and to provide for its organization. [Approved February 12, 1874; 1873-4, 95.] This act was amended March 11, 1887; Stats. 1887, p. 103. An act supplementary to the foregoing act of February twelfth, eighteen hundred and seventy-four. [Approved March IS, 1874; 1873-4, 428.] This act provided for a board of commissioners to determine the amount of indebtedness as be- tween San Benito and Monterey counties, and for ways and means to pay the same by the issue of bonds by the county found to be indebted. It also provided for the terms of the district, county, and probate courts in San Benito county. It was amended by act of March 10, 1876; 1875-6, 177, in so far as related to the commission- ers, issue of bonds, and compensation of commis- sioners. An act directing the transcription of all matters of record in the offices of the county clerks and county recorders of the counties of Fresno and Merced, concerning real estate in Y the territory taken from those counties and \. added to that of the county of San Benito by act of the legislature entitled "An act to amend an act to create the county of San Be- nito, to establish the boundaries thereof, and to provide for its organization," approved Feb- ruary 12, 1874, providing for a change and the establishment of the boundaries thereof, the same to include therein portions of the counties of Fresno and Merced, and to provide for the payment of the portions of the indebt- edness of said counties equitably chargeable to San Benito county, approved March 11, 1887. [Approved March 11, 1889; 1889, 107.] San Bernardiuo— San Francisco 1033 TITLE 334. SAN BERNARDINO COUNTY. A reference to local acts relating to San Ber- nardino county is contained in Deering's Anno- tated Penal Code, pp. 665-667. TITLE 235. SAN DIEGO COUNTY. A reference to special laws relating to San Diego county is contained in Deering's Anno- Penal Cods, pp. 665-667. See in addition to the acts there referred to, an act to amend tlie act to reincorporate the city, approved March 16, 1889: Stats. 1889, p. 302. TITLE 236. SAN FRANCISCO CITY AND COUNTY. See ante. Home of the Inebriates. A reference to the special acts relating to San Francisco is contained in Deering's Annotated Penal Code, p. 665 et seq. See also an act relating to interpreters in the Code of Civil Procedure, Appendix, title, Inter- preters. In addition see the following: Amendments to the water-front act, approved March 19, 188^9; Stats. 1889, p. 379. approved March 31, 1891; Stats. 1891, p. 233. and approved March 26, 1895, Statutes 1895, p. 194. There are also a number of acts relating to cities and counties of the first class as follows: Act prescribing n'ndgments against cities over 100,000, see ante, title Judgments; act conferring Gen. Daws— 87. 1084 San Fraucisco— City and County. powers upon cities over 100,000 to condemn land to erect building for municipal purposes, app. Mareli 27, 1895, Stats. 1895, p. 242; see ante Pub- lic Worlvs; act relating to assistants to treasurers in cities over 200,000, see Appendix to Pol. Code, tit. Treasurers; acts relating to deputy county clerks in cities and counties over 120,000, see Po- litical Code, Appendix, title County Clerks; assist- ants to city and county attorneys, see Political Code, p. 958; act authorizing public market, see ante, title Public Market; assistants to district at- torney, see Political Code, p. 960; payment of fees in, see ante, title Fees; secretary for supe- rior judges, act providing for, see Code of Civil I*rocedure, p. 800; levy and collection of school taxes in cities of first class, March 14, 1891, see post, title Schools. Act of March 4, 1897, increasing the eflBciency of the fire department in cities of the first class: See Political Code, Appendix, title, Fire Depart- ment. Act fixing salaries of officers of fire department in cities of first class: See Political Code, Appen- dix, title, Fire Department. Act to allow cities of first class to build muni- cipal hospitals, app. Feb. 16, 1897, Stats. 1897, ch. xiii. Act to repeal the act in relation to the collec- tion of taxes, app. March 28, 1895, Stats. 1895, ch. 217: See post, title, Taxation. An act to amend an act entitled "An act to pro- vide for increasing the law library of the cor- poration known as the San Francisco Law LibraiT, and to secure the use of the same to the courts held at San Francisco, the bar, the city and county government, and the people of the city and county of San Fraucisco," ap- proved March 9, 1870. [Approved April 12, 1880; 1880, 40 (Ban. ed. 194).] The original act of March 9, 1870. will be found in Stats. 1869-70, 325. Sauitra-y Districts. 1035 TITLE 237. , SANITARY DISTKICTS. L'i l. ^ j "An act to provide for the formation, g^overn- ^f ment, operation, and dissolution of sanitai-y dis- ' tricts in any part of tlie state, for the construc- tion of sewers, and otl^er sanitary purposes; the acquisition of property thereby; the calling and conducting of elections in such districts; the as- sessment, levy, collection, custody, and disburse- ment of taxes therein; the issuance and disposal of the bonds thereof, and the determination of their validity and making provision for the payment of such bonds, and the disposal of their proceeds, and for empowering sanitary boards to provide in other respects for the good order and vrelfare of sanitary districts." This title was amended in 1895, Stats. 1895, ch. 95. [Approved March ;51, 1891: Stats. 1891, p. 223.] Section 1. Whenever twenty-five persons in any county of the state shall desire the formation of a sanitary district within the county, they may present to the board of supervisors of such county a petition, in writing, signed by them, stating the name of the proposed district, and setting forth the boundaries thereof, and praying that an elec- tion be held as provided by this act. Each of the petitioners must be a resident and freeholder within the proposed district. Sec. 2. When such petition is presented as above provided, the board of supervisors must, within thirty days thereafter, order that an elec- tion be held as provided by this act. The order must fix the day of such election, which must be within sixty days from the date of the order, and must show the boundaries of the proposed dis- ti'ict, and must state that at such election persons to fill the offices provided by this act, viz., a sani- tary assessor, and five members of the sanitary board, will be voted for. This order shall be en- tered in the minutes of the board, and shall be conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of such petition, a resident and free- holder within the limits of the proposed district. 1036 Sanitary Districts. Sec. 3. A copy of sucli order shall be posted for four successive weeks prior to the election, in three public places within the proposed district, and shall be published for four successive weeks prior to the election in some newspaper published in the proposed district, if there be one, and if not, in some newspaper published in the county. It shall be sufficient if the order be published once a week. Sec. 4. The board of supervisors, at any time prior to the election, shall select one polling place within the proposed district, and make all suitable arrangements for the holding of such election. The ticket shall contain the words "For a sani- tary district," or "Against a sanitary district," as the case may be, and the name of a person for sanitary assessor, and the names of five persons for members of the sanitary board. Such election shall be conducted in accordance with the general election laws of the state, so far as the same shall be applicable, except as herein otherwise provided. Every qualified elector, resident within the pro- posed district for the period requisite to enable him to vote at a general election, shall be entitled to vote at the election above provided for. If a majority of the votes cast at such election shall be in favor of a sanitary district, the board of su- pervisors shall make and cause to be entered in the minutes an order that a sanitary district of the name and with the boundaries stated in the petition (setting forth such boundaries) has been duly established, and said order shall be conclu- sive evidence of the fact and regularity of all prior proceedings of every kind and nature pro- vided for by this act or by law, and of the exist- ence and validity of the district. If a majority of the votes cast shall be against a sanitary district, the board shall, by order, so declare; no other pro- ceedings shall be taken in relation thereto until the expiration of one year from the presentation of the petition. Sec. 5. Every sanitary district formed under the provisions of this act shall have power to have and use a common seal, alterable at the pleasure of the sanitary board; to sue and be sued by its name; to construct and maintain, and keep clean such sewers and drains as in the judgment of the sanitary board shall be necessary or proper, and for this purpose to acquire by purchase, gift, Sanitary Districts. 1037 devise, condemuation proceedings, or otherwise, sneh real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the sanitary board shall be necessary or proper, and to pay for and hold the same: to make and accept any and all contracts, deeds, releases, and documents of any kind which, in the .iudgment of the sanitary board, shall be necessary or proper to the exercise of any of the powers of the district, and to direct the payment of all lawful claims and demands against it; to issue bonds as hereinafter provided, and to assess, levy, and collect taxes to pay the principal and interest of the same, and the cost of laying and the expense of maintaining any sewer or sewers that may be constructed subse- quent to the issuance of said bonds, or any law- ful claims against said district, and the running expenses of the district; to employ all necessary agents and assistants, and pay the same; to lay its sewers and drains in any public street or road of the county, and for this purpose enter upon the same and make all necessary and proper excava- tions, restoring the same to proper condition; but in ease such street or road shall be in an incorpor- ated city or town, the consent of the lawful au- thorities thereof shall first be obtained; to make and enforce all necessary and proper regulations for the removal of garbage, and the cleanliness of the roads and sti-eets of tlie district, and for the purpose of guarding against the spread of conta- gious and infectious diseases, and for the isolation of persons and houses affected with such diseases, and for the notification of the other inhabitants of the existence thereof, and all other sanitary regulations not in conflict with the constitution and laws of the state: to make and enforce all necessary and proper regulations for suppressing disorderly and disreputable resorts, and houses of ill-fame within the district, and to determine the qualification of persons authorized to sell liquors at retail, and from and after the passage of this act no license to keep a saloon, or sell liquors at retail, shall take effect or be operative within any sanitary district unless the same be approved by the sanitary board of the district; to impose fines, penalties, and forfeitures for any and all viola- tions of its regulations or orders, and to fix the penalty thereof by fine or imprisonment, or both: lOoS Sanitary Districts. but uo such fine shall exceed the sum of one hun- dred dollars, and no such imprisonment shall ex- ceed one month; to call, hold, and conduct all elections necessary or proper after the formation of the district; to prescribe, by order, the time, mode, and manner of assessing, levying, and col- lecting taxes for sanitary purposes, except as otherwise provided herein; to compel all residents and property owners within the district to con- nect theJr houses and habitations with the street sewers and drains: and generally to do and per- form any and all acts necessary or proper to the complete exercise and effect of any of its powers, or the purpose for wliich it was formed. [Amend- ment approved March 26. 1895; Stats. 1895, chap, xcv. In eft'ect immediately.] Sec. 6. The officers of the district shall be a sanitary assessor and five members of the san- itary board. Sec. 7. There shall be an election for sanitary assessor on every even-numbered year in which members of the sanitary board are elected, and at the same time, place, and manner; and the person then elected shall hold office for tAvo years next thereafter, and until the election and qualifica- tion of his successor. The person elected assessor at the election at Avhich the district was formed shall hold office until the election and qualifica- tion of his successor; provided, that if at any time a vacancy occur in the office of assessor, the sanitary board shall appoint a suitable person to fill such vacancy until, the next election at which an assessor may be elected under the provisions of this act. Sec. 8. It shall be the duty of the sanitary as- sessor to mal^e out, before the first Monday in July of each year, a list of all the tangible real and personal property within the district. Such list shall contain a brief and general description of the property, an assessment of the value there- of, the name or names of the owner or owners, and such other matters as may be ordered by the sanitary board and such matters as shall be nec- essary to make such list conform to the provisions of the general laws of the state of California. The land shall be assessed separately from the im- provements thereon. No mistake in the name of the owner of any of the real or personal property Sauitary Districts. 1039 assossed, or any iu formality iu the descriptiou, or iu otlier parts of the assessment, shall invalidate the same. The sanitary assessor shall verify said list by his oath before some ofiicer authorized to administer oaths, and shall deposit the same with the sanitary board on the first Monday of Juiy of each year, or as soon thereafter as is prac- ticable. He shall have power to administer all oaths and affirmations necessary or proper in the performance of his duty as assessor, and shall re- ceive such compensation as shall be fixed by the order of the board. He shall also perform such further duties and do such further acts as may be ordered or required by the sanitary board. Sec. 9. There shall be an election for two mem- bers of the sanitary board in every even-num- bered year, beginning- with the second even-num- bered year after the election at which the district was organized, and the two members then to be elected shall hold office until the election and qu.'ilification of their successors in the next even- numbered year; and there shall be an election for three members of the sanitary board in every odd-numbered year, beginning with the second odd-numbered year after the election at which the district was organized, and the three members then to be elected shall hold office until the elec- tion and qualification of their successors in the next odd-numbered year. The five members elected at the election at which the district was organized shall, at their first meeting, or as soon thereafter as may be practicable, so classify themselves, by lot, that two of them shall go out of office in the second even-numbered jesLV after the election at which the district was organized, and upon the election and qualification of their successors, as provided by this act, and three of them in the second odd-numbered year after the election at which the district was organized, and upon the election and qualification of their suc- cessors, as provided by this act. All elections for officers after the formation of the district shall be on the first Monday after the first Tues- day in the month of March. The members of the sanitary board shall receive no compensation whatever, either for general or special services. Sec. 10. The sanitary board shall be the gov- erning power of the district, and shall exercise all the powers thereof, except the making of an 1040 Sanitary Districts. assessment list in the first instance, as herein provided. At its first meeting, or as soon there- after as may be practicable, the board shall choose one of its members as president, and an- other of its members as secretary; and all con- tracts, deeds, warrants, releases, receipts, and documents of every kind shall be signed in the name of the district by its president, and shall be countersiged by its secretary. The board shall hold such meetings, either in the day or in the evening, as may be convenient. In case of the absence or inability to act of the president or sec- retary, the board shall, by order entered upon the minutes, choose a president pro tern., or secre- tary pro tem., or both, as the case may be. Sec. 11. The sanitary board shall sit as a board of equalization as soon as it receives the assess- ors' list, or as soon thereafter as practicable, and shall continue in session as such board, with con- venient Intermissions, until the entire list furnish- ed by the assessor shall have been examined and rectified, if rectification be necessary. The board shall have power to hear complaints as to the pro- ceedings of the assessor, and to adjudicate and determine the controversy thereon, and may of its own motion raise an assessment, after such rea- soable notice to the party whose assessment is to be raised, as may be ordered by the board. After the examination and rectification of the assessor's list shall have been completed, the board shall, by resolution, fix the rate of taxation for sanitary pur- poses, designating the number of cents on each one hundred dollars to be levied for each fund, and shall designate the fund into which the same shall be paid; but no more than fifteen cents on each one hundred dollars shall be levied for all the sanitary purposes of any one year, besides what shall be required for the payment of the principal and interest of such year upon outstand- ing bonds. After the entry in the minutes of the resolution fixing the rate of taxation, the sanitary board shall cause the assessor to compute the amount of the tax upon each piece of real and . personal property, and enter the same upon the assessment list in a suitable place. The list, when so completed, shall be veri- fied by the assessor and signed by the presi- dent and secretary; and the amount of the tax shall thereupon become a lien upon the property Sanitary Districts. 1041 upon which it is assessed, and shall have the effect of a judgment against the person of the owner tliereof, and every such lien shall have the force and effect of an execution duly levied against all the property of the delinquent; and the judgment shall not be deemed satisfied or the lien extin- guished until the taxes are paid or the property sold to satisfy the same, and no statute of limita- tions shall apply: but no more than seventy-five thousand dollars of bonds shall be voted for or is- sued at any one time, nor shall the bonded in- debtedness of the district ever exceed the sum of seventy-five thousand dollars at any one period, whether it be made up of one issue of bonds or of several issues. Sec. 12. On or before the first Monday in July of each year, the board shall transmit, or cause the assessor to transmit, a duplicate of the list so made to the tax collector of the county, who shall collect the taxes shown by said list to be due, in the same manner as he collects the county taxes, and all the provisions of the laws of the state as to the collection of taxes and delinquent taxes, ajid the enforcement of the payment thereof, so far as applicable, shall apply to the collection of taxes for sanitary purposes; and said tax collector and the sureties on his official bond shall be responsi- ble for the due performance of the duties imposed on him by this act; provided, that the sanitary board may, in its discretion, direct the district at- torney of the county to commence and prosecute suits for the collection of the whole or any por- tion of the delinquent taxes; and it shall be the duty of the district attorney to cariT out such directions of the sanitary board, and he, and the sureties upon his ofiicial bond shall be responsible for the due performance of the duty imposed upon him by this act; and provided further, that the sanitary board may, at any time, by order en- tered in its minutes, provide a system for the collection of delinquent taxes, or make any change in the manner of their collection, which as to such taxes shall have the force of law. All money col- lected for sanitary purposes by the district attor- ney under this act shall be at once paid to the county treasurer. Sec. 13. The tax collector shall pay over to the county treasurer all moneys collected by him for 1042 Sanitary Districts. sanitary purposes, as fast as tlie same shall be collected, and the said treasurer shall keep the same in the county treasury, as follows: In a fund called the bond fund for sanitary district (naming it) he shall place and keep the moneys levied by the sanitary board for such fund; and no part of the money in this fund shall be trans- ferred to any other fund, or be used for any other purpose than the payment of the principal and interest of the bonds of tlie sanitary district, so long as any such bonds shall be unpaid; in a fund called the running expense of sanitary district (naming it) he shall place and keep the moneys levied by the sanitary board for such fund. The whole or any part of the money in the running expense fund may be transfeiTed to the bond fund, or to the other fund hereinafter provided for, upon the order of the sanitary board, and it shall be the duty of the treasurer to comply with such order. The treasurer shall pay out moneys from either of said funds, or from the fund here- inafter mentioned, only upon the written order of the sanitary board, signed by the president and countersigned by the secretary, which order shall specify the name of the person to whom the money is to be paid and the fund from which it is to be paid, and shall state generally the pur- pose for which the payment is made, and such or- der shall be entered in the minutes of the sanitary board. The treasurer shall keep the order as his voucher, and shall keep a specific account of his receipts and disbursements of money for sanitary purposes. The treasurer and sureties upon his official bond shall be liable for the due perform- ance of the duties imposed upon him by this act. The treasurer shall keep the money arising from the sale of bonds in the fund hereinafter men- tioned. Sec. 14. At any time after the district is organiz- ed, the sanitary board may, by order entered in the minutes, call an election for the purpose of determining whether bonds shall be issued for the construction of sewers. Such order shall fix the day of the election and shall specify the amount of money to be raised, and shall state in general terms the purpose for which it is to be raised. A copy of such order shall be posted for four successive weeks prior to the election in at least three public places within the district, and Sanitary Districts. 1043 shall be published for four successive weeks prior to the election in some newspaper published with in the district, if there be one. and if not, in some newspaper published in the county. It shall be sufficient if the order be published once a week. Sec. 15. At any time prior to the day fixed for the election, the board shall select one, and may select two, polling places within the district, ap- point officers of election, and make all necessary and proper arranijements for holding the election. The tickets shall contain the words "For the issu. ance of bonds as proposed by the sanitary board, or "Against the issuance of bonds as proposed by the sanitary board." The election shall be conducted in accordance with the general election laws of the state, so far as the same shall be ap- plicable, except as herein otherwise provided. Every qualified elector resident within the dis- trict for the length of time necessary to enable him to vote at a general election shall be entitled to vote at the election above provided for. After the votes shall have been announced, the ballots shall be sealed up and delivered to the secretary or president of tiie sanitary board, which shall, as soon as practicable, proceed to canvass the same, and shall enter the result upon its minutes. Such entry shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided by this act or by law, and of the facts stated in such entry. If, at such election, two thirds of the votes east be in favor of the issuance of bonds, as proposed by the sanitary board, the said board shall thence- forth have full power and authority to issue and dispose of bonds as proposed in the order calling the election. [Amendment approved March 9, 1893; Stats. 1893, p. 88. In effect immediately.] See. 10. Such bonds shall be in sums of one thousand dollars each, payable in gold coin of the United States, and shall bear interest at the rate of five per cent per annum, payable semi-annually, a-t dates to be fixed by the board, and specified, respectively, in the bonds and coupons, payable in like gold coin. The principal of each bond shall be payable in installments of one-twentieth of 'the face of the bond, and one of such installments shall fall due at the end of each year, so that the whole principal shaU be paid in twenty years from the issuance of the bond. Each bond 'shall 1044 Sauitary Districts. refer to this act by its title and the date of its approval by the governor, and shall be payable to bearer; but every person into whose hands any bond or coupon shall come shall be deemed to have notice of any and all payments that have actually been made thereon. Each bond shall be signed by the president and countersigned by the secretary of the sanitary board. The bonds shall be num- bered consecutively, beginning with the number one. Each coupon shall refer to its bond by num- ber, and shall be signed by the president and countersigned by the secretary. No bond shall be redeemed before it is due without the consent of the holder thereof, nor shall the rate of inter- est on any bond be reduced or the bonds be re- funded without the consent of the holder there- of. When any payment of any installment of interest is made, the coupon therefor is directed to be surrendered to the county treasurer, and to be canceled by him: and when any installment of principal is paid, such payment is directed to be indorsed upon the bond by such treasurer; and when the whole principal of any bond is paid, the bond is directed to be surrendered to the treasurer and to be by him canceled. The bonds must be disposed of by the sanitary board in such manner and in such quatities as may be deter- mined by said board, in its discretion, but no bond must be disposed of for less than its face value. The proceeds of such sales shall be de- posited with the county treasurer, and shall be by him placed in a fund to be called the sewer con- struction fund of sanitary district (naming it). The money in such fund shall be used for the pur- pose indicated in the order calling the election up- on the question of the issuance of the bonds, and for no other purpose; provided, that if after such purposes are entirely fulfilled any balance remain in such fund, such balance may, upon the order of the sanitary board, be transferred to either of the other funds provided by this act. If the re- sult of the election be against the issuance of bonds, no other election upon the question shall be called or held for the period of one year. Sec. 17. It is hereby made the duty of the sani- tary board io levy, each year, upon the property within the district, a sufficient tax to pay off the interest accruing upon said b9nds for the respec- tive year, as it falls due. and also to pay one- Sanitary Districts. 1045 twentietli of the principal of sai,d bonds, so fhat the entire amount of principal and interest of said iDonds shall be paid within twenty years from the date of the issuance of said bonds; and it is here- by made the duty of the tax collector, or such other person as may be charged with the duty of collecting- the sanitary taxes, to collect the said taxes so to be levied, and tlie duty of the sanitary board to order the same to be paid, in manner and form as provided by this act, and the duty of the county treasurer to pay the same. If, for any reason, any portion of the tax for any year re- mains unpaid, and in consequence thereof any portion of the interest or principal due for any year remains unpaid, the same shall be added to the levy for the next year, and be collected and paid accordingly. The payment of the whole amount of the principal and interest of all of said bonds, within twenty years from their issuance, is hereby made the imperative duty of the dis- trict; and, if necessary for that purpose, a special tax shall be levied; and it is hereby made the duty of every offleer and board to do his respective part towards the levy, collection, and payment of such tax; and mandamus shall issue from the su- perior court of the county in which the district is situated, or from any other competent court, up- on application of any party interested, for the purpose of compelling the performance of the duty imposed by this act upon any and all oflS- cers or boards. Sec. 18. If the result of any election upon the question of the issuance of bonds be in favor of such issuance, the sanitary board may, in their discretion, before such issuance, commence, in the superior court of the county, a special proceeding to determine their right to issue such bonds and the validity thereof, similar to the proceeding in relation to irrigation bonds, provided for by an a'^ct entitled "An act supplemental to an act entitled 'An act to provide for the organization and gov- ernment of in'igation districts, and to provide for the acquisition of water and other property, and for the distribution of water tliereby for irriga- tion purposes,' approved March seventh, eighteen hundred and eighty-seven, and to provide for the examination, approval, and confirmation of pro- ceedings for the issue and sale of bonds issueayment of such indebtedness; and from the time sucli rli strict is thus dissolved until such bonded indebtedness, with the interest thereon, is fully paid, satisfied, and discliarged, the legislative authority of said incorporated city or town, or the board of supervisors, if there be no such incorporated city or town, is hereby con- stituted ex officio the sanitary board of such dis- trict; and it is hereby made obligatory upon such board to levy such taxes and perform such other acts as may be necessary in order to raise money for the payment of such indebtedness and the in- terest thereon, as herein provided. Sec. 22. The sanitary board shall have power, at any time after main sewers or other sewers are laid, to order and contract for the construction of a seT^er in any street of the district where a sew- er is not already constructed, and to provide by such order that the cost thereof shall be borne by the property fronting along the line of the scAver so ordered; and in case such order is made, the said cost shall be assessed on the lots and lands fronting on such sewer, according to the provisions of the g*eneral law of the state in rela- tion to street improvements in incorporated cities and towns, in force at the time such assessment is made, so far as the same shall be applicable, and the lien of the assessment so made shall be enforced by action to be brought by the district attorney of the county^ in the name of the sani- tary district; provided, that nothing in this sec- tion contained shall be construed to take awav or 1048 Sanitary Districts. impair the power of the board to provide that the expenses of the sewers above provided for shall be borne by the whole district, as in other cases. Sec. 23. All acts and parts of acts in conflict with this act, or any portion thereof, are hereby repealed. Sec. 24. This act shall take effect immediately. An Act to provide for the proper sanitary condi- tion of factories and worlvshops, and the preservation of the health of the employees. [Approved February 6, 1889; 1889, 3.] Sanitary condition of factories. Section 1. Every factory, workshop, mercan- tile or other establishment, in wliich five or more persons are employed, shall be kept in a cleanly state and free from the effluvia arising from any drain, privy, or other nuisance, and shall be pro- vided, within reasonable access, with a sufficient number of waterclosets or privies for the use of the persons employed therein. Whenever the persons employed as aforesaid are of different sexes, a sufficient number of separate and dis- tinct waterclosets or privies shall be provided for the use of each sex, which shall be plainly so des- ignated, and no person shall be allowed to use any watercloset or privy assigned to persons of the other sex. Ventilation of factories. Sec. 2, Every factory or workshop in which five or more persons are employed shall be so ventilated while work is carried on therein that the air shall not become so exhausted as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to ren- der harmless, as far as practicable, all the gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein, that may be injurious to health. Places for work condemned. Sec. 3. No basement, cellar, underground apart- ment, or other place which the conimissioner of the bureau of labor statistics shall condemn as unhealthy and unsuitable, shall be used as a San Joaquin County. 1049 workshop, factory, or place of business in which any person or persons shall be employed. Protection to employees. Sec. 4. If in any factory or worlishop any pro- cess or worlv is carried on by which dust, fila- ments, or injurious gases are generated or produc- ed that are liable to be inhaled by the persons em- ployed therein, and it appears to the commis- sioner of the bureau of labor statistics that such inhalation could to a gi*eat extent be prevented by the use of some mechanical contrivance, he shall direct that such contrivance shall be pro- vided, and within a reasonable time it shall be so provided and used. Female employees to be furnished seats. Sec. 5. Every person, firm, or corporation em- ploying females, in any manufacturing, mechani- cal, or mercantile establishment, shall provide suitable seats for the use of the females so em- ployed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Penalty. Sec. 6. Any person or corporation violating any of the provisions of this act shall be punish- ed by a fine of not less than fifty nor more than one hundred dollars for each offense. Duty of commissioner of labor statistics. Sec. 7. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. Sec. 8. This act shall take effect and be in force from and after its passage. TITLE 238. SAN JOAQUIN COUNTY. A reference to local acts relating to San Joaquifi County is contained in Deering's Annotated Penal Code, pp. 680-682. 1050 San Luis Obispo— Santa Clara. TITLE 239. SAN LUIS OBISPO COUNTY. A reference to local acts relating to San Luis Obispo county is contained in Deerlng's Annotat- ed Penal Code, pp. 682-684. TITLE 240. SAN MATEO COUNTY. A reference to the acts relating to San Mateo county is contained in Deerlng's Annotated Pe- nal Code, pp. 684, 685. TITLE 241. SANTA BARBARA COUNTY. A reference to local laws relating to Santa Bar- bara county is contained in Deerlng's Annotated Penal Code, pp. 685, 686. Tlie act of March 30, 1878, to amend the act to incorporate the city of Santa Barbara was re- pealed by act approved March 11, 1887; Stats. 1887, p. 108. TITLE 242. SANTA CLARA COUNTY. A reference to local acts affecting Santa Clara county is contained in Deerlng's Annotated Penal Code, pp. 686-688. In addition, see an act to amend an act entitled "An act to incorporate the city of San Jose," ap- proved March 11, 1891; Stats. '1891, p. 97. I Santa Cruz— Schools. 1051 TITLE 243. SANTA CRUZ COUNTY. A reference to local acts relating to Santa Cruz is contained in Deering's Annotated Penal Code, pp. 689, 690. TITLE 244. SCHOOL OP INDUSTRY. ^ Acts relating to: See Penal Code, Appendix, title "School of Industry," p. 611. ' ^ I I// ^ , "\ y TITLE 245l ' ^ \ SCHOOL OF REFORM. Acts relating to: See Penal Code, Appendix, ti- tle "School of Reform," p. 627. l^ TITLE 246. SCHOOLS. /U See Political Code, Appendix, title Normal Schools. An act to provide for the care and security of the state service of school text-books, by the erec- tion of a lire-proof warehouse to be used for the storage of the same, authorizing the appoint- ment of a storelveeper to have the care and custody of said text-books, and appropriating money to pay the expenses of erecting said warehouse. [Approved March 15, 1887; 1887, 131.] Ten thousand dollars was appropriated for the purposes indicated. ^ 1052 Schools. An act to provide for compiling, illustrating, elec- trotyping, printing, binding, copyrighting, and distributing certain boolis of a state series of school text-books, and appropriating money therefor. [Approved March 15, 1887; 1887, 139.] Defining additional boolis for compilation. Section 1. In addition to the books directed to be compiled for use in the common schools of the state by section one of the act entitled "An act to provide for compiling, illustrating, electrotyp- ing, printing, binding, copyrighting, and distribut- ing a state series of school text-books, and appro- priating money iherefor," approved February twenty-six, eighteen hundred and eighty-five, the state board of education shall compile, or cause to be compiled, the following described text-books, viz: One (1) elementary arithmetic; one (1) elementary grammar, or language lessons; one (1) elementary geography; one (1) physiology and hygiene, including a system of gymnastic ex- ercises, and special instructions as to the nature of alcoholic drinks and narcotics, and their effects upon the human system; and the sum of fifteen thousand dollars, in addition to the unexpended balance of the sum appropriated by section eight of said act aforesaid, is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose of compiling, or causing to be compiled, the text-books hereinbe- fore enumerated, together with those enumerated in section one of said act aforesaid, and still re- maining to be compiled. The appropriation pro- vided for in this section shall be subject to the order of the state board of education; provided, that all demands against said appropriation shall first be approved by said state board of education, and presented to the state board of examiners, in itemized form, for their approval; and upon the ap- proval of the state board of examiners, the con- troller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. Kemuneration for compiling books. See. 2. The state board of education shall em- Schools. 1053 ploy well-qualified persons to compile the books mentioned in section one of this act, and shall fix the remuneration for the services thus rendered; provided, that if competent authors shall compile any one or more worlds of the first order of ex- cellence, and shall offer the same as a free gift to the people of the state, together with the copy- right of the same, and the exclusive right to manufacture and sell such worlds within the state of California, it shall be the duty of the state board of education to accept such gift, and to ex- pend no money for the purpose of compiling works relating to the subjects treated of in the books thus donated. The state board of education shall furnish to the superintendent of state print- ing designs for all cuts and engravings to be used in the said series of text-books. Supervision of superintendent of state printing. Sec. 3. The printing of all the text-books pro- vided for in section one of this act, and all the me- chanical work connected therewith, shall be done by and under the supervision of the superintendent of state printing, at the state printing-oflice; pro- vided, that the purchase of paper for the school books, and the card-boards, cloth, and leather for covers, shall be procured by advertising for pro- posals to furnish the same in the manner now pro- vided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office; and provided further, that all folding, stitching, binding, and ruling shall be done in the state bindery; but the ac- counts of the school-book binding shall be kept separate from those of all other binding. The sum of one hundred and sixty-five thousand dol- lars, in an addition to the unexpended balance of the sum appropriated by section nine of said act aforesaid, approved February twenty-sixth, eighteen hundred and eighty-five, seven thousand five hundred dollars of which shall be available during the present fiscal year, is hereby appropri- ated out of any money in the state treasury not otherwise appropriated, to purchase the nec- essary machinery, and to properly maintain the same, and to purchase such type and other materials as may be required in the manufacture of the text-books provided for In sec- 1054 Schools. tion one of this act, together with those enumer- ated in section one of said act aforesaid, approved February twenty-sixth, eighteen hundred and eighty-five, and remaining to be manufactured, as well as to pay the salaries or wages of the com- positors, binders, and other persons to be em- ployed in such manufacture; provided, that the state board of education shall first approve the style of printing, engravings, and illustrations, kind of paper, size, and binding of volumes; said sum to be drawn by the superintendent of state printing in the same manner as provided in sub- division four of section five hundred and twenty- six of the Political Code. Secure copyrights. Sec. 4. The state board of education shall se- cure copyrights to all the boolis that shall be com- piled under the provisions of this act, and shall protect said copyrights from all infringement. Moneys received kept in state treasury. Sec. 5. All moneys that have been received or may hereafter be received from the state series of school text-books shall be kept by the state treas- urer as a separate and distinct fund, to be known as the state school book fund, which said fund shall be subject to the following drafts, viz.: by the superintendent of state printing for all moneys needed for manufacturing any editions of any book of the state series, over and above the first fifty thousand copies manufactured of such book, the same to be drawn as provided in subdi- vision four of section five hundred and twenty-six of the Political Code; provided, that all demands on the state school book fund shall be presented to the state board of examiners in itemized form, for their approval; and upon the approval of the state board of examiners, tlie controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. Sec. 6. This act shall take effect from and after its passage. Sec. 2. The printing of said elementary book on /. of'^C Schools. 1055 An act to provide for compiling, illustrating, elec- trotyping, printing, binding, copyrighting, and distributing an elementary booli on civil gov- ernment, for the state series of school text- boolvs. [Approved March 19, 1889; 1889, 327.] Compiling, etc., books on civil government of the United States. Section 1. The state board of education shall r\ compile, or cause to be compiled, the following ^IJL„^ described text-book for use of the common schools ^/" of the state, viz.: One (1) elementary book on the \ civil government of the United States, with a '* * special analysis of the government of the state of California. Printing of. Sec. 2. The jjiiutiiig ui saiu tfitJJXitJJULar^ uuujiuui y, civil government, provided for in section one of ^ (/ this act, shall be done by and under the super- vision of the superintendent of state printing, sub- ject to the provisions of section three of an act en- titled "An act to provide for compiling, illustrat- f ing, electrotj^ping, printing, binding, copyright- -^ ing, and distributing certain books of a state se- y--^ j ries of school text-books, and appropriating ^/ money therefor," approved March fifteenth, / eighteen hundred and eighty-seven. ' Sec. 3. This act shall take effect from and af- ter its passage. An act to provide for compiling, illustrating, elee- trotyping, printing, binding, copyrighting, and distributing a state series of school text-books, and appropriating money therefor. [Approved February 2G, 1885.] Series of school books. Section 1. The state board of education shall compile, or cause to be compiled, for use in the common schools of the state, a series of school text-books of the following description, viz.: Three (3) readers, one (1) speller, one (1) arithmetic, one (1) grammar, one (1) history of the United States, and one (1) geography. The matter contained in // .-1 4 1056 Schools. the readers shall consist of lessons commencing^ with the simplest expressions of the language, and, by a regular gradation, advancing to and including the highest styles of composition, both in prose' and poetry. Compilers of same. Sec. 2. The state board of education shall em- ploy well-qualified persons to compile the boolvs mentioned in section one of this act, and shall fix the remuneration for the services thus rendered; provided, that if competent authors shall compile any one or more works of the first order of excel- lence, and shall offer the same as a free gift to the people of the state, together with the copy- riglit of the same, and the exclusive right ta manufacture and sell such Avorli;s within the state of California, it shall be the duty of the state board of education to accept such gift, and to ex- pend no money for the purpose of compiling worlis relating to the subjects treated of in the books thus donated. The state board of education shall furnish to the superintendent of state print- ing designs for all cuts and engravings to be used in the said series of text-books. Printing and binding. Sec. 3. The printing of all the text-books pro- vided for in section one of this act, and all the me- chanical work connected therewith, shall be done by and under the supervision of the superintendent of state printing at the state printing-otuce; pro- vided, that the purchase of paper for the school books, and the card-boards, cloth, and leather for covers, shall be procured by advertising for pro- posals to furnish the same, in tlie manner now provided for by section five hundred and thirty- two of the Political Code, relating to paper sup- plies for the state printing-office; and provided further, that when the state has its bindery in operation, all folding, stitching, binding, and rul- ing of the state shall be done in the state bindery; but the accounts of the school book binding shall be kept separate from those of all other binding. Copyrights. Sec. 4. The state board of education shall se- cure copyrights to all the books that shall be com- piled under the provisions of this act, and shall protect said copyrights from all infringement. Schools. 1057 Order for uniform use. Sec. 5. Whenever any one or more of the state series of school text-books shall have been com- piled and adopted, the state board of education sliall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expira- tion of at least one year from the time of the com- pletion of the electrotype plates of said book or books, and thereafter such book or books shall be used in all the common schools of this state; and no school board or other school authority in this state shall have the power to authorize the use of, nor shall any common school in this state use any books as text-books for pupils other than those directed to be used by the order aforesaid of such state board, except books on such subjects as are not provided for by text- boolvs published by the state. Nothing in this act shall be construed to prevent any countj' or school district from adopting any one or more of the state series of school text-books whenever said book or books shall have been pub- lished. The superintendent of public instruction must withhold from any city, city and county:, county, or from any school district in this state using school books in violation of the provisions of this act and section all state school moneys to which it may be entitled, until it comply with the requirements of this section; and any moneys so withheld must be apportioned by the superintend- ent at the next annual apportionment in the same manner as other school moneys in the treasury. [Amendment approved March 31, 1891; Stats. 1891, p. 453.] Text-books, how obtained. Sec. 6. All orders for text-books shall be made on the superintendent of public instruction, and shall be accompanied by cash, in payment for the same, at the price fixed by the state board of education as the cost price at Sacramento; pro- vided, that if the books are to be shipped by mail, the cost of postage shall also accompany the or- der. The following persons shall be entitled to order books: 1. County superintendents of schools, for the Gen. Laws— 89. 1058 Schools. use of teachers, parents, and pupils in their counties only. 2. Principals of state normal schools, for their own and for the use of the pupils in their respec- tive schools only. 3. The secretary or clerk of any school district in the state, whether incorporated or operating under the general law of the state, for the use of the pupils in such district only; but no books or- dered by the county superintendents, or clerks of district boards of trustees, or principals of state no]-mal schools, shall be sold at a price exceeding the cost price at Sacramento, with the actual cost of freisrht and cartage added. 4. Any retail dealer who shall first transmit to the state superintendent of public instruction an affidavit, duly subscribed by him, in substance as follows, to wit: "In consideration of receiving for sale, upon the inclosed or upon any future order, the series of school text-books, or any part thereof, published by the state of California, I hereby agree that I will not sell tlie same to any person or persons for the purpose of being sold again, or to any person or persons beyond the limits of the state of Cali- fornia: and that I will not sell said series of text- books or any part or portion thereof, at a price exceeding the price to the pupil fixed by the state board of education." Said affidavit shall be indorsed by the county superintendent in the following words, viz.: "I hereby certify that (A B) is a resrular retail dealer in school books in county. O D, county superintendent." It shall be the duty of the state superintendent of public instruction to furnish, at once, to each county superintendent, for the use of any dealer in his county who may apply for permission t© sell the books of the state series, printed copies of the above affidavit, together with the list of prices of such books fixed as the cost price at Sacramento, and the price to the pupil; and any dealer who shall fail to comply with the condi- tions of such afiidavit shall forfeit his right to any further purchase of said books from the state. And it shall be the duty of the superintendent of public instruction to report to the state controller, Scliools. 1059 on or before the fifth clay of every month, the number of books sold by him during the preced- ing month, and pay the moneys received for the same into the state treasury. It shall also be the duty of the superintendent of state printing, on or before the fifth day of every month, to report to the state controller the number and value of the books shipped by him on the order of the state superintendent of public instruction, and the number and value of the finished books on hand. [Amendment approved March 15, 1887; Stats. 1887, p. 145. In effect immediately.] Duties of board of supervisors. Sec. 7. It shall be the duty of the boards of su- pervisors of the counties or cities and counties in this state to provide a revolving fund, for the pur- pose of enabling the county school superintend- ents to purchase the state text-books; all moneys to be taken therefrom to be replaced by the moneys received from the sale of said books to the scholars of the public schools of his county, either by himself or by the teachers of the public schools, or the clerks of boards of district trustees. [Amendment approved March 15, 1887; Stats. 1887, p. 145. In effect immediately.] Appropriation for compilations. Sec. 8. The sum of twenty thousand dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the purpose of compiling, or causing to be compiled, the series of text-books for the common schools, as set forth in section one of this act. The ap- propriation provided for in this section shall be subject to the order of the state board of educa- tion; provided, that all demands against said ap- propriation shall first be approved by said state board of education and presented to the state board of examiners in itemized form for their ap- proval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treas- urer is authorized to pay the same. Appropriation for presses, type, etc. Sec. 9. The sum of one hundred and fifty thou- sand dollars is hereby appropriated out of any 1060 Schools. money in the state treasury not otherwise appro- priated, to purchase the necessary machinery, presses, type, binding, electroyping apparatus, and such other material as may be required in the manufacture of the text-hooks provided for in sec- tion one of this act, as well as to pay the salaries or wages of the compositors, binders, and other persons to be employed in such manufacture; pro- vided, that the state board of education shall first approve the style of printing, engravings, and illustrations, kind of paper, size, and binding of volumes; said sum to be drawn by the superin- tendent of state printing in the same manner as provided in subdivision four of section five hun- dred and twenty-six of the Political Code. Furnished at cost of printing. Sec. 10. All school books compiled by the state shall be furnished to the public school children of the state at the cost of printing, publishing, and distributing the same; said cost'to be ascertained and fixed by the state board of education, on or before the fifteenth day of June of each school year; and it is further enacted, that the cost of distribution shall be taken to be the cost of post- age required for mailing each book. [Amend- ment approved March 15, 1S87; Stats. 1887, p. 1-15. In effect immediately.] Sec. 11. All acts or parts of acts in conflict with the provisions of this act are hereby re- pealed. Sec. 12. This act shall take effect immediately. Superintendent of public instruction to employ as- sistance. Sec. 4. The superintendent of public instruc- tion is hereby authorized to employ assistance necessary to the carrying out of the provisions of this act. And the controller is hereby directed and authorized to draw his warrants for a sum not exceeding two thousand dollars annually, on the general fund of the state, for the payment of such assistance. [Amendment approved March 15, 1887; Stats. 1887, 145. In effect imme- diately.] (The amendment added this new section at the end, but did not give it a new number. This num- ber is the amendment section number.) Schools. 1061 An act to provide for the revision of certain boolis of the state series of school text-books, for the compilation of an additional book of said series, and for the continued publication of tlie same; and to authorize and direct the use, for these purposes, of the money accumulated in the state scliool book fund. [Approved March 9, 1803; Stats. 1893, p. 85.] Section 1. The state board of education is hereby authorized and directed to revise the fol- lowing books of the state series of school text- books, viz., the first, second, and third readers, the English grammar, the United States history, and the advanced arithmetic, and to compile a pri- mary history of the United States; and in such. / y revision and compilation may employ well-quali- *'- // fied persons to assist them; provided, that in re- // vising said readers the board may cause them to / be issued in a series of five books or less, in their ? discretion; and the board shall furnish to the su- perintendent of state printing designs for all cuts and engravings to be used In the books revised and compiled under the provisions of this section. Sec. 2. All indebtedness incurred by said board in carrying out the provisions of section one of this act shall be paid out of the money accumu- lated in the state school book fund from the sale of the state series of school text-books; provided, that all demands on account of such indebtedness shall first be approved by said state board of edu- cation, and presented to the state board of ex- aminers, in itemized form, for their approval, and upon the approval thereof by the state board of examiners the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same; provided further, that the indebtedness incurred by said board in carrying out the provisions of section one of this act sliaU not exceed the sum of twenty-five thou- sand dollars ($25,000), which sum is hereby ap- propriated from the state school book fund for the use of tlie said board in the premises. Sec. 3. The state board of education shall se- cure copyrights to all the books that shall be re- 1062 Seliools. vised or compiled, as the case may be, under the provisions of this act, and shall protect said copy- rights from all infringement. Sec. 4. Whenever any one or more of the state series of school text-books shall have been revised or compiled, the state boaru oi education shall is- sue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expiration of at least one year from the time of the completion of the electrotype plates of said book or books. Nothing in this act shall be construed to prevent any county, city, city and county, or school dis- trict from using any one or more of the state se- ries of school text-books provided for in this act, whenever said book or books shall have been pub- lished. Sec. 5. The printing and binding of all text- books specified in section one of this act, and all the mechanical work connected therewith, shall be done by and under the supervision of the super- intendent of state printing, at the state printing- office; provided, that the purchase of paper for the school books, and the binder's boards, cloths, and leather for covers, shall be procured by adver- tising for proposals to furnish the same, in the manner now provided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office. Sec. G, Whenever the appropriations heretofore made from the general fund to the use of the su- perintendent of state printing for the manufac- ture of books of the state series of school text- books is exhausted, all indebtedness incurred for the further manufacture of said books shall be paid from the state school book fund, together with all indebtedness incurred for the purchase and proper maintenance of such necessary ma- chinery as may be required in the manufacture of said books, and to purchase such type and other materials as may be required for the same; pro- vided, that all demands on the state school book fund, for the purposes enumerated in this section, shall be presented to the state board of examiners, in itemized form, for their approval; and upon the approval of the state board of examiners, the con- Schools. 10G3 troller is hereby authorized to draw his warrant upou tlie state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. See. 7. This act shall take effect immediately. An act to provide for the levy and collection of taxes by and for school districts, except in mu- nicipal corporations of the first class. [Approved February 14, 1891; Stats. 1891, p. 4.] Section 1. In all cases where the board of school trustees, boara of school directors, board of education, or other governing board of any school district in this state, except in municipal corporation of the first class, has or may hereafter have power to raise money by tax- ation without a vote of the people of the school district, in addition to the funds provided by state and county for school or educational purposes, such money shall be raised and such taxes shall be levied and collectea in the man- ner following, to wit: The board of trustees directors, 'or board of education shall, within the limits fixed by law, estimate the amount of money to be so raised by taxation, and required by their respective districts for school purposes during the year next ensuing, which year shall begin on the lirst Monday of January, at twelve o'clock, M. Said meeting for such purpose shall be held be- tween the first and twentieth day of September in each year; said estimate, showing the amount and for what purpose the same is to be used, shall be entered upon the records of the board making the same, and signed by a majority of said board, and attested by the clerk or secretary of said board. Said clerk or secretary shall immediately furnish to the board of supervisors of the county in which such district is situated a copy of said record con- taining sucli estimate, which shall show the name of the district, the amount of money to be raised, and the purposes for which it is to be used. Sec. 2. The board of supervisors, upon receipt of such estimate, must, at the time of levying the county taxes, levy a tax upon all the taxable prop- erty in the school district requiring such money 10G4 Schools. sufficient to raise the amount; the rate of taxation shall be ascertained by deducting fifteen per cent for anticipated delinquencies from the aggregate assessed value of tlie property in the district as it appears on the assessment roll of the county, and then divide the amount to be raised by the re- mainder of said aggregate assessed value. The taxes so levied shall be computed and entered on the assessment roll by the county auditor, and col- lected at the same time and in the same manner as state and county taxes, and when collected, sliall be paid into the county treasury for the use of the district for which said money was collected. The county treasurer shall, upon demand, pay out such moneys to the district entitled thereto, in the same manner as other school moneys are paid out by such treasurer. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. An act to enable school districts, in Ci.ies of the fifth class, and school districts which embrace territory a portion of which is within and a l;ortion 'of which is without such cities of the fifth class, to issue bonds for the purpose of raising money to purchase school lots, and for building or purchasing one or more school- houses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes, and to re- peal an act approved Marcn 3i, 1891, entitled .""An act to enable cities of the fifth class to issue bonds for the purpose of raising money to purchase school lots and for building or pur- " chasing one or more school-houses, and supply- ing the same with furniture, necessary appar- atus, and improving the grounds, and for li- quidating any indebtedness already incurred for such purposes." [Approved March 23, 1893; Stats. 1893, p. 292.] Section 1. The board of education of any school district in a city of the fifth class, or of any school district which embraces territory, a portion of which is within and a portion of w^hich is without Schools. J0G5 sucli city of the flfth class, may, when in their judgment it is advisable, and must, when request- ed by the board of trustees of such city, call an election and submit to the electors of the district whether the bonds of such district shall be issued and sold for the purpose of raising money to pur- chase school lots, and for building or purchasing one or more school-houses, and supplying the same with furniture, necessary apparatus, and im- proving the grounds, and for liquidating any in- debtedness already incurred tor such purposes. [Amendment, approved March 11, 1897; Stats. 1897, chap, xcix. In effect immediately.] Sec. 2. Such election must be called by posting notices, signed by the board of education, in three of the most public places in the district, for not less than twentj^ days before the election, and by publishing such notices, in some newspaper pub- lished in such ^ity, not less than once a week for three successive weeks. Sec. 3. Such notices must contain,— 1. The time and place of holding such election. 2, The names of one inspector and two judges in each voting precinct in said district, to conduct the same. 8. The hours during the day, not less than six hours, in which the polls will be open. 4. The amount and denomination of the bonds, the rate of interest, and the number of years, not exceeding ten, the whole or any part of said bonds are to run. Sec. 4. Such election shall be held, in all re- spects as nearly as practicable, in conformity with the general election law; provided, that no particu- lar form of ballot shall be required, excepting that the words to appear on the ballots, which shall be "Bonds— Yes," or "Bonds— No"; nor shall any informalities, not amounting to fraud, in conduct- ing such election, invalidate the same. Sec. 5. On the seventh day after said election, at one o'clock, P. M., the returns having been made to the board of education, the board must meet and canvass said returns, and if it appears that two-thirds of the votes cast at said election were in favor of issuing such bonds, then the board shall cause an entry of that fact to be made upon its minutes, and shall certify to the board 10G6 Schools. of supervisors of the county in which said district is located the proceedings had in the premises; and thereupon said board of supervisors shall be and they are hereby authorized and directed to issue the bonds of such district to the number and amount provided in such proceedings, payable out of the bond fund of such district (naming the same), and that the money shall be raised by tax ation upon the taxable property in said district for the redemption of said bonds, and tne payment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per cent of the taxable property of the district as shown by the last equalized assessment of the property in such school district. Sec. 6. The board of supervisors, by an order en- tered upon its minutes, shall prescribe the form of said bonds, and of the interest cpupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than ten years from the date thereof. Sec. 7. Said bonds must be payable in gold coin of the United States; must be signed by the pres- ident of the board of supervisors, and counter- signed by the clerk of the county, who must affix the county seal thereto; must not bear a greater rate of interest than eight per cent, said interest to be payable semi-annually in like gold coin; and said bonds must be sold in the manner prescribed by the board of supervisors, but for not less than par, in gold coin of the United States, and the proceeds" of the sale thereof must be deposited in the county treasury to the credit of the building fund of said school district, and be drawn out for the purpose aforesaid as other school moneys are drawn out. Sec. 8. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district for the interest and re- demption of said bonds; and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the prin- cipal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to Schools. 1067 run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay such annual interest; and to pay, annually, a proportion of the principal of said bonds equal to a sum produced by talking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied, when collected, shall be paid into the county treasury to the credit of the build- ing fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and in- terest on said bonds shall be paid by the county treasurer, upon the warrant of the auditor, out of the fund provided therefor; and it shall be the duty of the auditor to cancel and file with the treasurer the bonds and coupons as rapidly as they are paid. This section shall also apply to all cases where bonds were issued under the provi- sions of the aforesaid act, approved March 31, eighteen hundred and ninety-one, and in such cases all moneys collected under the provisions of this section sliall be paid by the county treas- urer, upon the warrant of the auditor, to the city treasurer of the city where such bonds and the interest thereon are payable. Warrants for all such moneys shall be drawn by the auditor from time to time, upon the demand of such city treas- urer. [Amendment, approved March 11, 1897; Stats. 1897, chap. xcix. In effect immediately.] Sec. 9. If the board of supervisors of any coun- ty in which any school district has issued bonds, under the provisions of this act or under the pro- visions of said act approved March thirty- first, eighteen hundred and ninety-one, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bonds, together with all unpaid coupons, with the state controller, talking his receipt therefor, and the same shall be registered in the state con- troller's office; and tlie state board of equalization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said district a sufficient rate to raise the amount of principal and interest past due prior to 10G8 Schools. the next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants, as tlie payments mature, to the holder of such registered obligations, as shown by the register in tlie otiice of the state controller, until the same shall be fully satisfied and discharged; any balance then remaining shall be transmitted to the treasurer of the county in which is sit- uated the district by which such bonds were is- sued, and shall be placed by the county treasurer to the credit of the general school fund of said district. [Amendment, approved March 11, 1897; Stats. 1897, chap. xcix. In effect immediately.] Sec. 10. The act approved March thirty-first, eighteen hundred and ninety-one, entitled "An act to enable cities of the fifth class to issue bonds for the purpose of raising money to purchase school lots, and for building or purchasing one or more school-houses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness al- ready incurred for such purposes," is hereby re- pealed. Sec. 11. This act shall take effect and be in force from and after its passage. An act to provide for the appointment and salary >! of a clerk in the office of the superintendent of Nf^ public instruction, and to make an appropria- tion therefor. [Approved March 27, 1895; Stats. 1895, p. 238.] Section 1. The superintendent of public instruc- tion may appoint an additional cleric, who shall be a stenographer, at a salary of twelve hundred dollars per year, payable in the same manner as the salaries of other civil officers of the state are paid. See. 2. There is hereby appropriated out of any „ %, moneys in the state treasury not otherwise appro- t!i - priated the sum of twenty-four hundred dollars, r^'^ for the payment of said clerk's salary for the forty-seventh and forty-eighth fiscal years, com- Schools. 1069 mencing July first, eighteen hundred and ninety- five. Sec. 3. This act shall take effect immediately. An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties in the state. [Approved March 26, 1895; Stats. 1895, p. 170.] Section 1. The superintendent of public schools, or in consolidated cities and counties, the superintendent of common schools, the county treasurer, or in consolidated cities and counties, >f the city and county treasurer, and the chairman of ^ . the board of supervisors, or in consolidated cities and counties, the mayor, of each county, or con- solidated city and county, and their successors in t^ office, are hereby constituted a boara of trustees of the public school teachers' annuity and retire- ment fund, to nianage the same as hereinafter di- rected; said board shall be known as the public school teachers' retirement fund commissioners, and its members shall serve without extra com- pensation, and shall be liable on their oflicial bonds for the performance of the duties imposed by this act. It shall be the duty of the district attorney of every county, or the city and county attorney of every consolidated city and county, to attend to all suits, matters, and things in which the said board of commissioners may be legany interested, and to give his advice or opinion, in writing, when- ever required by said board. [Amendment, ap- proved March 29, 1897; Stats. 1^97, chap, clxix. In effect immediately.] See. 2. The public school teachers' retirement fund commissioners shall organize as such board by choosing one of their number as chairman, and one as secretary. The county treasurer, or in con- solidated cities and counties, the city and county treasurer, shall be ex officio treasurer of said re- tirement fund. Said board shall hold quarterly meetings on the third Saturday in January, April, July, and October of each year, at the office of the county superintendent of public schools, or, in consolidated cities and counties, at the office of the Gen. Laws— 90. 1070 Schools. superintendent of common schools. It shall bien- nially, at its meeting in January, select from its members a chairman and a secretary. A major- ity of its members shall constitute a quorum for the transaction of business. It shall report annu- ally to the board of supervisors of the county, or consolidated city and county, the condition of said retirement fund, and the receipts and disburse- ments on account of the same, with a full and complete list of the beneficiaries of said fund, and the amounts paid to each of them. [Amendment, approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Old section 3 amended and renumbered section 8. Sec. 3. Said board of public school teachers' re- tirement fund commissioners shall issue warrants, signed by its chairman and secretary, to the per- sons entitled thereto, for the amounts of money ordered paid to such persons from said fund by said board, stating therein for what purpose such payment is made, and the treasurer shall pay such wai-rants on presentation. Saia board shall Iceep a record of all its proceedings, and said record shall be open to public inspection. It shall, at each quarterly meeting, make a list of all per- sons, if any, entitled to payment out of the funds provided by this act, and enter said list in a book to be kept by them for that purpose, to be known as the public school teachers' annuity and retire- ment fund book, which list shall be sworn to as correct by the chairman and the secretary of said board, and which shall be open to public inspec- tion. [New section approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Old section 4 incorporated in section 2. Sec. 4. In addition to the powers hereinbefore granted to said board, it shall have the further power, (1) to provide for the payment, out of the hereinafter described annuity fund, of necessary expenses, such as printing, stationery, and postage stamps; and in counties, or in consolidated cities and counties, where the number of those subject to the burdens of this act is greater than two hun- dred, to employ a clerk at a salary not to exceed twenty-five dollars per month; (2) to make such needful rules and regulations for the transaction of its business, from time to time, as may be nee- Schools. 1071 essary. [Amencliiient, approved March 29, 1897; Stats. 1897, chap, clxix. In enect immediately.] Old section 5 amended and renumbered 4. Sec. 5. Those subject to the burdens of this act in each county, or in each consolidated city and county, at a meeting called for that purpose by the superintendent of public schools of such coun- ty, or by the superintendent of common schools of such city and county, on the first Saturday in May following the creation of the fund hereinaf- ter specified, shall elect by ballot five of their num- ber, who shall constitute a committee on retire- m9nt; the members of said committee shall, imme- diately after their election, classify themselves by lot so that one shall serve for one year, two sliall serve for two years, and two shall serve for three years; and thereafter, anntially, at a meeting called in the same manner on the first Saturday in May, the sticcessor or successors of the member or members of said committee whose term of office has expired, shall be elected for a term of three years; provided, however, that said committee shall alwaj's consist of at least one class teacher from some primary school, one from some gram- mar school, and one from some high school within the county, or consolidated city and county, when- ever such election is possible. [New section ap- proved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Old section 6 amended and renumbered 10. Sec. 6. The board of education of any incorpo- rated city or town, and the board of trustees of any school districts outside of said city or town, shall refer all applications for retirement to said committee on retirement, or may, of its own mo- tion, submit the name of any person or persons, whom it desires to have retired, to the said com- mittee on retirement, and it shall theretipon be the duty of said committee to investigate the case and report to said board of education or board of trustees, whether or not said teacher should bt retired, and the annuity to which said teacher is entitled, if entitled to any. At least three mem- bers of the said committee must concur in the re- port, if it be in favor of granting said annuity. This report of said committee shall be final. Said board of education, or board of trustees, shall 1072 Schools. thereupon certify and send this report to the pub- lic school teachers' retirement fund commissioners, who shall be bound by its decision. [New section approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Old section 7 amended and renumbered 12. Sec. 7. In addition to the powers heretofore granted to said committee on retirement, it shall have the power (1) to subpoena and compel wit- nesses to attend and testify before it on all mat- ters relating to the operation of this act, and any member of said committee may administer an oath or affirmation to such witness in the form pre- scribed in courts of justice; (2) to make such rules and regulations for the transaction oi its business as may from time to time be necessary. [New section approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Old section 8 amended and renumbered 13. Sec. 8. (a) Any teacher who shall have served in the public schools of this state for a period of thirty years, as a teacher or school officer, and who "shall have been subject to the burdens im- posed by this act for thirty years, suau be entitled to retire and to receive from the public school teachers' annuity and retirement fund the sum of thirty dollars ($30) per month in counties, and fifty dollars per month in consolidated cities and counties, payable quarterly; and any teacher who shall have become incapacitated for performing the duties of a teacher, and who shall have been a contributor to the annuity fund for at least five years, shall be entitled to retire and to receive an annuity from the public school teachers' annuity and retirement fund equal to such proportion of the maximum annuity granted under this act, as the time that he or she has been subject to the burdens imposed by tliis act, bears to the period of thirty years; provided, however, that any annu- ity shall be suspended if its recipient return to service in the public schools, and any annuity less than two-thirds of the maximum annuity shall cease if the committee on retirement consti- tuted in section five of this act, shall at any time decide that its recipient has been restored to tne capacity of performing the duties of a teacher, and has been reimbursed from the annuity fund Schools. 1073 at least the full amount of his or her contribution thereto; provided, further, that such proportion- ! ate reduction shall not apply to those now employ- ? ed in the public schools wlio shall have filed the notice hereinafter specified within ninety days I after the passage of this act in counties, or in : consolidated cities and counties where the provi- ! sions of the act to which this act is amendatory '' are now applicable, and within ninety days after the establishment of the fund hereinafter speci- fied in all other counties, or consolidated cities and counties, and who shall have paid at the time of their retirement an amount equal to what they would have paid into the fund had they been con- tributing thirty years; provided, further, that if a person cease to teach in any county, or city and county where he or she has been subject to the burdens imposed by this act, then after such per- son has taught in the public schools of this state for thirty years, he or she shall be entitled to re- tire and to receive from the public school teachers' annuity and retirement fund of the county, or consolidated city and county to which he or she has contributed, an annuity equal to such propor- tion of the maximum annuity granted under this act, as the time that he or she has been subject to the burdens imposed by this act in such county, or city and county, bears to the period of thirty years; and provided further, that if any teacher shall be compelled by reason of ill health, to retire from the profession of teaching after the expira- tion of five years and before the expiration of thirty (30) years of service in the public schools of this state, such retiring teacher, if a con- tributor to the annuity fund at the time of retirement, shall be entitled to as many thirtieths (80ths) of the full annuity as he or she has had years of service by paying into the annuity fund the contributions to that fund corresponding to those years of service rendered at a time when or in a place where it was impossible to mal^e such contributions by reason of the nonexistence of an annuity fund. (b) Teachers of evening schools, receiving a sal- ary of fifty dollars or less, shall be subject to one- half its burdens and shall be entitled to one-half of the benefits of this act; provided, that any teacher 1074 Schools. who is employed both in a day and in an evening school shall be considered for the purposes of this act to be employed in a day school only. [Amend- ment approved March 29, 1897; Stats, 1897, chap, clxix. in effect immediately.] Old sec. 9 amended and renumbered 14. Sec. 9. If at the end of any quarter year there shall not be a sufficient amount of money in the "annuity fund" hereinafter described, to pay all warrants or demands of annuitants in full, then the money in that fund shall be divided pro rata among them, and the sum received by each an- nuitant shall be in full discharge of all claims against said fund to that date. [New section ap- proved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Sec. 10. The public school teaqhers' annuity and retirement fund herein provided for, shall consist of the following, with the income and in- terest thereof: (I) Twelve dollars ($12) per school year, of the salaries paid to all those subject to the burdens of this act, in each county or consolidated city and county, shall be deducted from the war- rants for salary, and paid by the Treasurer of the county, or consolidated city and county, to the public school teachers' retirement fund commis- sioners of said county, or consolidated city and county; and it shall be the duty of the secretary of the Board of Education in every incorporated city or town, or consolidated city and county, and the secretary of the board of trustees of every school district outside of such city or town, or consolidated city and county, to note in each war- rant the amount to be deducted by the treasurer. (II) All moneys received from gifts, bequests, and devises, or from any other source, (III) All money, pay, compensation, or salary forfeited, de- ducted, or withheld from the Avarrant or demand for salary of any teacher or teachers for and on account of absence from duty from any cause, wliich the Board of Education of every incorpo- rated city or town, or the Board of Trustees of every school district outside of such city or town, may appropriate and set apart for the aforesaid fund; and said Board of Education, or Boards of Trustees, are hereby empowered to appropriate such moneys, or any part thereof, for such fund; Schools. 1075 provided, that in consolidated cities and counties, after the establishment of an annuity fund there- in, it is hereby made the duty of Boards of Edu- cation to appropriate, monthly, at least one-half of such moneys for such fund. [Amendment ap- proved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Sec. 11. The public school teachers' annuity and reth-ement fund herein provided for shall be divided into two distinct funds, or accounts, (1) the permanent fund, and (2) the annuity fund. (1) The permanent fund. A. The permanent fund shall consist of: (I) Twenty-five per cent of all contributions from those affected by this Act; (II) Twenty-five per cent of all gifts, bequests, or devises, unless other- wise ordered by tlie donor or testator; (III) Twen- ty-five per cent of all moneys deducted from the salary of teachers because of absence from duty. B. When the permanent fund shall amount to the sum of fifty thousand dollars, then all moneys thereafter received shall go into the annuity fwnd, except such gifts, devises, or bequests as n»ay be specially directed by its donor or testator to be placed in the permanent fund. C. It sliall be the duty of the public schovil teachers' retirement fund commissioners to invest the aforesaid permanent fund in interest-bearing bonds issued by the federal, state, county, city and county, or municipal governments, and to apr ply the interest thereon as herein directed. (2) The annuity fund. X. The annuity fund shall consist of: (I) The income derived from the permanent fund; (II) All other moneys belonging to the public school teach- ers' annuity and retirement fund, not hereinbe- fore directed to be placed in the permanent fund; (III) All money in the fund provided for in the act to which this is amendatory. B. The annuity fund shall be the only one from which annuitants shall be paid. C. If at the end of any fiscal year there re- mains any sui'plus in the annuity fund, said sur- plus shall be deposited by tlie public school teach- ers' annuity and retirement fund commissioners in any savings bank or savings banks designated by 1076 Schools. them. [New section approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately.] Sec. 12. This act shall be binding (1) npon such public school teachers, and such other offi- cers of the school department as possess teachers' certificates, who, after the passage of this act, shall sign and deliver to the public school teachers' retirement fund commissioners, and to the secre- tary of the Board of Education of the incorpo- rated city or town, or consolidated city and coun- ty, or to the secretary of the Board of Trustees of the school district in which they are employed, a notice in substantially the following form: 189-. To the Public School Teachers' Annuity and Re- tirement Fund Commissioners, of Coun- ty (or city and county): You are hereby notified that I agree to be bound by, and desire to avail myself of the provisions of the Act of the Legislature of the State of Cali- fornia, approved , eighteen hundred and ninety-seven, entitled "An Act to amend an Act approved March twenty-six, eighteen hundred and ninety-five, entitled 'An Act to create and admin- ister a public school teachers' annuity and retire- ment fund in the several counties, and cities and counties in the State.' " Public School Teacher. And provided, that at least thirty teachers with- in the county, or consolidated city and county, have filed the notice hereinbefore set forth; provided further, that in all counties, or in consolidated cit- ies and counties, when there is a less number of teachers than thirty, this Act shall be binding on all tliose who signify their intention of being bound thereby. (2) In consolidated cities and counties it shall be binding upon all teachers elected or appointed to teach in the public schools of such consolidated cities and counties after the passage of this Act. (3) Annuities heretofore granted under the pro- visions of the act of which this act is amenda- tory shall be continued for the same amount as heretofore paid, subject, however, to the condi- tions imposed by sections nine (9) and eleven (11) Schools. 1077 of this act. [Amendment approved March 29, 1S97; Stats. 1897, chap, clxix. In effect immedi- ately.] Sec. 13. All acts or parts of acts in conflict with the provisions of this act are hereby re- pealed. [Amendment approved March 29, 1897; Stats. 1897, chap, clxix. In effect immediately,] Sec. 14. This Act shall take effect and be in force from and after its passage. [Amendment approved March 29, 1897; Srats. 1897, chap, clxix. In effect immediately.] An Act to provide for the disposal of moneys re- maining in the building fund of any school dis- trict, after all bonds and indebtedness shall have been paid and liquidated, arising from the construction of school buildings. X- [ Approved March 13, 1883; 1883, 298.] ^^ Section 1. All moneys that have been or shall be raised by special tax, for the purpose of erect- ing school buildings, that shall remain in the hands of the county treasurer, after all bonds that have been or may be issued on account of such buildings shall have been redeemed, and all other indebtedness arising on account of such building shall have been liquidated, shall be placed in the county school fund of the school district for which such moneys were raised, subject to the order of the trustees of said district. An Act to enforce the educational rights of child- ren. [Approved March 28, 1874; 1873-4, 751.] Children to be sent to school. /^ Section 1. Every parent, guardian, or other per- *^ son in the state of California having control and charge of any child or children between the ages of eight and fourteen years shall be required to send any such child or children to a public school for a period of at least two-thirds of the time dur- ing which a public school shall be taught in each city, or city and county, or school district, in each ■^ 1078 Schools. scliool year, commencing on the first day of July, in the year of our Lord eighteen hundred and sev- enty-four, at least twelve weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of education of the city, or city and county, or of the trustees of the school district in which such parents, guardians, or other persons reside, upon its being" shown to their satisfaction that his or her bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required, or that the parents or guardians are extremely poor or sick, or that such child or children are taup-ht in a private school, or at home, in such branches as are usu- ally taught in the primary schools of this state, or have already acquired a good knowledge of such branches; provided, in case a public school shall not be taught for three months during the year, witliin one mile by the nearest traveled road of the residence of any person within the school district, he shall not be liable to the provisions of this act. Notice of law. Sec. 2. It shall be the duty of the president of each board of education, and of the clerk of each board of district trustees, in the state of Cal- ifornia, to cause to be posted three notices of this law in the most public places in the city, or city and county, or in the school district, or published in one newspaper therein for three weeks, in the month of June in eacli year, tlie expense of of ten thousand five hundred and forty-five dollars and forty-one cents with which to redeem unused and uncanceled state stamps issued under an act to provide revenue for the government of this state, approved March 9, 1861. It is not deemed of* sufficient importance to give in full or do more than refer to it. TITLE 262. STANISLAUS COUNTY. A reference to local acts relating to Stanislaus county is contained m Deering's Annotated Penal Code, pp. 710, 711. TITLE 263. STATE. Acts relating to: See Code of Civil Procedure. Appendix, title, State, p. 868 et seq.; Political Code. p. 1061. 1088 State Analyst— State Lands. '■\ ^' "^' TITLE 264. STATE ANALYST. ^ Acts relating to: See Political Code, Appendix, title, State Analyst, p. 1062. X TITLP] 265. STATE CAPITOL. Act prohibiting sale of liquor approved April 16, 1880; Stats. 1880, p. 80, Ban. ed. 273. Many acts have been passed relating to State Cap- itol, but as they principally were appropriation bills for the improvement of the building or grounds, they have not been incorporated here- in. A constitutional amendment to remove the state capitol from Sacramento to San Jose was passed in 1893: Statutes 1893, p. 657. but was held invalid in Livermore v. Waite. 102 Cal. 113. Con- sult Deering's Annotated Penal Code, pp. 690 and 691. ^^ TITLE 266. STATE LANDS. An act providing for the presentation and cancel- lation of unlocated school land warrants of the >'^ state of California, issued under the act of the > state of California, approved May 3, 1852, pro- viding for the disposal of the five liundred thousand acres of land donated to the state of California by the government of the United States, and authorizing the controller of this state to draw his warrant on the state treas- urer for the sum of two dollars per acre, in favor of any bona fide OAvner and holder of any such land warrant, for every acre represented by any such land warrant. [Approved March 23, 1893; Stats. 1893, p. 181.] '■y. State Lauds. 1089 An act to provide for the applications for pur- chase of sixteenth and thirty-sixth sections, and to regulate the application for purchase of such sections, and requiring a deposit to ac- company all applications for the purchase of the same. [Approved March 20, 1889; 1889, 434.] Purchase of sixteenth and thirty-sixth sections. Section 1. Every application to purchase any portion of the sixteenth and thirty-sixth sections shall be accompanied by a deposit of twenty dol- lars, in addition to the fee for filing- now required by law, for which the surveyor general shall give the applicant a receipt, which receipt shall be ac- cepted by the county treasurer in part payment of ' _ the purchase price of said land. If the applicant ^/\ shall abandon or forfeit his said application, or ^ shall fail to make proper proof as to the charac- ^ ter of the said land, or as to his residence thereon, tjr within the time allowed by law, or if his applica- tion shall be rejected by reason of any false state- ment in the afi3davit herein contained, the twenty dollars thus paid shall go to the state school fund. If it is found that the surveyor general erred in receiving the application, or that the state cannot malie a good title to the land, then the applicant or his assigns may surrender to the surveyor gen- ^ eral the said receipt, and receive in exchange therefor a certificate showing the amount so paid, and the reason w^hy the application could not be .approved or perfected, and the controller, upon the surrender to him of the said surveyor gen- eral's certificate, shall issue to the applicant, or his assigns, a warrant for the said amount. Filings. Sec. 2. Any number of filings on any section of land is hereby permitted and allowed under the provisions of this act. Should the first filing be abandoned by the applicant, the next filing on such section, in order, shall have the same right as if it had been the first filing. Moneys to go to school land deposit fund. Sec. 3. The moneys received by the surveyor general under the provisions of this act, except t t 1090 State Lands. the moneys forfeited under section one, shall be paid to the state treasurer at the close of each month, and must be placed in a fund, to be call- ed school land deposit fund, to the credit of the county in which the lands applied for are situated. W]ien any moneys are placed in the school deposit fund to the credit of a county, the controller, at the next settlement with the controller by the treasurer of such county, must draw his warrant upon the state treasurer for the amount in the fund to the credit of the county; provided, that the direction herein to the controller is exempted from the operations of section six hundred and seventy-two of the Political Code. An act respecting the payment in full by holders of certificates of purchase for lands sold by the state of California prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Approved March 20, 1889; 1889, 428.] When holders of certificates of purchase of state lands deemed to have forfeited their rights therein. Section. 1. Whenever application has been made to purchase lands from this state, and pay- ment only in part has been made to the treasurer of tlie proper county for the same, and a certificate of purcliase has been issued to the applicant prior to the twenty-seventh day of March, eighteen, hundred and seventy-two, and whenever such ap- plicant, his assignee or assignees, shall have failed for five years to pay to the state the arrears of principal or of interest due to the state for said land, and the state shall at any time heretofore have issued a certificate of purchase for the same land, or any part thereof, to a subsequent pur- chaser, then, unless the holder or holders of such prior certificate shall pay the entire residue of the interest remaining unpaid for sucli purchase with- in six months from and after the passage of this act, such holder or holders shall be deemed to have lost all right to the land descrioed in said cer tificate, or to complete the purchase of such land, state Lands. 1091 and all moneys heretofore paid to the state of Cal- ifornia on such purchase shall be deemed and taken to be forfeited to the state. Nothing herein contained, however, shall be deemed or taken to give to or confer upon the holder or holders of such prior certificates, or any of them, as against the state of California, or any subsequent pur- chasers therefrom, or against the holders of sub- sequent certificates of purchase, any other or greater right to the lands herein referred to than is now held by the holder or holders of such prior certificates, or to confer upon such holder or hold- ers any new right, or to affect or impair the rights of such subsequent purchasers or their assigns. Previous part payment confers no special rights- Does not apply. Sec. 2. The mere fact or previous part payment shall not of itself confer pn such prior purchaser or his assigns any right to complete the purchase, if he or they be not otherwise entitled so to do, as against the state, and a subsequent purchaser or his assigns; provided, that this act shall not ap- ply to any action now pending commenced within five years. Sec. 3. This act shall take effect from and after the date of its passage. In addition consult the following acts: An act ceding to the United States of AmericiUi? jurisdiction over all lands within this state which y^ have been or may hereafter be acquired by the United States for military purposes. [Stats, ap- proved INIarch 2, 1897; Stats. 1897, chap. Ivi.] An act ceding to the United States of America jurisdiction over lands in this state ceded to the United States. [Approved March 31, 1891; Stats. 1891, p. 262.] An act relinquishing to the United States of America the title of this state to certain lands. [Stat, approved March 9, 1897; Stats* 1897, chap. Ixxxi.] ^HivH \ 1092 State Printer. An act to authorize tlie provernor and suveryor- general to sell and convey the state's interest in certain lands. [Approved March 31, 1891; Stats. 1891, p. 251.] \ An act to legalize applications heretofore made for the purchase of lands belonging to this state,. J^ and to confirm the title of the purchasers un- Jj' der such applications, [Approved March 27, 1872; 1871-2, 622.] >^ /-^^ ^^^ ^^^ the relief of purchasers of state lands. /[Approved March 27, 1872; 1871-2, 587; Amended j April 1, 1875; 1877-8, 914.] An act entitled "An act to enable purchasers of state lands to redeem the same, where their ti- tles have been or niay hereafter be foreclosed for non-payment of interest." [Approved March 7, 1881; Stats. 1881, 65.] act to provide for an examination into the \>'/ sale and disposal of state lands. /\ [Approved April 1, 1876; 1875-6, 798.] An act to protect bona fide settlers upon public lands. ^ [Approved March 23, 1874; 1873-4, 543.] » An act to reserve from sale tlie north half of sec- ^- tion sixteen in township seven south and range x)- three east, Monte Diablo meridian. \r [Approved April 1, 1876; 1875-6, 679.] An act for the protection of settlers on public \r)" lauds claimed by the state. ^^o.)i. [Approved March 10, 1874; 1873-4, 327.] ^J -^'^ TITLE 267. STATE PRINTER. Acts relating to: See Political Code, Appendix, title, State Printer, p. 1064. state rri sons— Stockton. 1093 TITLE 268. STATE PRISONS. Acts relating- to: See Penal Code, Appendix, ti- ' tie, State Prisons, p. 654. -i.\r\ f^ ^'"' TITLE 269. STATUTE OF LIMITATIONS. Acts relating to: See Code of Civil Procedure, Appendix, title, Statute of Limitations, p. 874 et seq. TITLE 270. STEVENSON, ACT FOR RELIEF OF. An act for the relief of Colonel Jonathan D.-^' Stevenson, and to appropriate money therefor-.-*?^ [Approved March 31, 1891; Stats. 1891, p. 260.] ^ The act appropriated $125 a month for twenty- one months for the purpose indicated. TITLE 2rL STOCKTON. An act to jirovide for tlie construction and main- j/y tenance of an open canal from and along North/^ street, in tlie city of Stockton, county of San Joa- quin, state of California, to the San Joaquin river, for sanitary and drainage puri^oses, and to approjiriate money therefor. [Approved March 12, 1887: 1887. 109.] The act authorized the directors of the Insane Asylum to construct the above canal. Gen. Laws— 92. ;„i 1094 Streets. TITLE 372. .STREETS. An act to provide for the planting, maintenance, and oare of shade trees upon streets, lanes, alleys, courts, and places within municipali- ties, and of hedges upon the lines thereof; also, for the eradication of certain weeds with- in city limits. [Approved March 11, 1893; Stats. 1S93, p. 153.] Section 1. All streets, lanes, alleys, places, or courts in the municipalities of this state now open or dedicated, or which may hereafter be opened or dedicated, to public use, whose grade has been officially established, and which have been actual- ly graded in eonformilty thereAvitli, may be plant- ed with shade trees, along the edges of the side- walks thereof, by order of the city council, which shall have power, also, to provide for the main- tenance and care of the same: and the city coun- cil shall have power to prescribe the height, thick- ness, and manner of trimming of all hedges set out, or that shall be hereafter set out, along the line of any street, lane, alley, place, or court ded- icated to public use, whether graded or not, and to compel compliance with its ordinances in the premises by the owners or occupants of the lots fronting thereon. The powers hereby conferred upon city councils shall be exercised in the man- ner and under the proceedings iiereinafter de- scribed. Sec. 2. The city council of any municipality in the state may, at its discretion, pass a resolution of intention to plant, or cause to be planted, with shade trees, any graded street, lane, alley, place, or court within the limits of such municipality. Such resolution of intention may embrace the entire length of any street, lane, alley, place, or court, or any portion thereof, but must specify the kind of trees to be planted, their size, age and their distance apart. The street superintendent shall thereupon cause to be conspicuously posted along both sides of the street mentioned in the resolution at not more than three hundred feet streets. 1095 in distance apart, notices of the passagre of said resolution. Said notice shall be headed "Notice to Plant Shade Trees," in letters not less than one inch in len.cth, and shall, in legible characters, set forth the lan2:uage of the resolution and the date of its passage. The city clerk shall also cause a co])y of the resolution to be published for six days in one or more daily newspapers published and cir- culated in said city, and designated by said city council. Sec. 3. The owners of a majority of the front- age of the property on both sides of the street pro- posed to be planted as aforesaid may, within ten days after the expiration of the time of publica- tion of said resolution, file their written statement of objections to the proposed work with the city clerk, which must be signed by the objectors, each one writing after his or her name the num- ber of feet frontage owned by him or her. Such objection must show wherein the parties making them will be injured or aggrieved by the proposed work, and if the objection be to the kind of trees proposed to be planted, they must name some oth- er kind of tree to be substituted therefor. The city council shall, at its next meeting after the filing of said objections, fix a time for hearing the same, not less than one week thereafter. The city clerk shall thereupon notify each objector, or his agent, who has signed his or her name to the statement, by depositing, in the postoffice of said city, a notice addressed to him or her, postage pre- paid, notifying the objectors of the time and place of hearing. At the time specified, the council shall hear the objections urged, and pass upon the same, and its decision shall be final and conclu- sive, except that in the choice of trees to be plant- ed, it shall be governed by the written request of the owners of a majority of the frontage on both sides of the street which it is proposed to plant. If the objections be sustained, no further proceed- ings shall be taken under the resolution of inten- tion for six months after the date of its passage. If it be again proposed to plant the sti'eet, the council shall commence proceedings de novo as if no action had been previously taken. Sec. 4. At the expiration of ten days after the expiration of the time of publication of said reso- lution of intention, if no written objections to the 1096 Streets. work therein described shall have been filed with the city clerli, as hereinbefore provided, otherwise, immediately upon the overruling- of the objections by the council, the council shall be deemed to have acquired jurisdiction to order to be done the work wliich is authorized by this act, which order shall be published for two days in the same papers and manner as provided for the publication of the res- olution of intention. Sec. 5. Before passing any resolutions for the planting of any street, the city council shall cause notice, with specifications, to be posted conspicu- ously for five days near the door of the council chamber, and shall advertise tlie same for five days in the same manner and papers as heretofore provided for the publication of the resolution of intention, inviting sealed proposals for bids for furnishing tlie trees and doing the worlv ordered. All bids sliall state the sum or price for which the bidder will undertake to furnish the trees, of the kind, age, and size required, and will suitably pre- pare the ground, set out the trees, wan-ant every one of them to grow, or replace all that fail to grow or receive damage from whatever cause with others of the same Ivind, and of suitable age and size to i)reserve uniformity, and will for three years care for, cultivate, protect, irrigate, and trim said trees. And no order for the planting of any street shade trees shall be made that does not lilvcwise provide for tlie care and maintenance of the trees for three years by the contractor plant- ing the trees. All proposals or bids shall be ac- companied by a check payable to the order of the mayor or president of the city council, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal. Said proposals or bids shall be de- livered to the clerk of the city council, indorsed "Proposals to plant ti-ees," and said council shall, in open session, examine and publicly declare the same; provided, that no proposal or bid shall be considered unless acr*ompanied by said check. The council may reject all proposals, should it deem this for the public good, and shall reject the bid of any party who has been delinquent or un- faithful in any former contract with the muni- cipality, and may award the contract to the low- est responsible bidder, at the prices named in his streets. 1097 bid, which award shall be approved by tlie mayor or president of the council. Notice of such awards of contract shall be posted and advertised for five days, in the manner hereinbefore provided, and it shall be the duty of the superintendent of streets to enter into a eonti-act with the bidder to whom the wori^ shall have been awarded by the coun- cil, and at the prices specified in his 'bid; where- upon the certified checlvs of all the other bidders shall be returned to them, respectively. But if such lowest bidder neglects, fails, or refuses, for fifteen days after the first posting and publica- tion of the award, to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and shall award the contract for said worli to the then lowest bidder. If the con- tractor who shall have talven any contract shall not complete the planting within the time limited in the contract, or within such further time as the council may give him. the superintendent of streets shall report such delinquency to the coun- cil, which may relet the unfinished portion of the planting and the future care of the trees, after pursuing the formalities hereinbefore prescribed for the letting- of the whole in the first instance. Sec. 6. All contractors shall, at the time of exe- cuting any contract for the planting and care of trees, execute a bond to the satisfaction of the mayor or president of the city council, with two or more sureties, and payable to the city in such sums as the mayor or president of the council shall deem adequate, conditioned for the faithful performnnce of the contract, and the sureties shall justify before the recorder or a .justice of the peace, in double the amount mentioned in such bond, over and above all statutory exemption. Before being entitled to any contract, the bidder to wliom the award shall have been made must pay into the city treasuiT the cost of the publica- tion of notices, resolutions, and orders, and all other incidental expenses required under the pro- ceedings prescribed by this act. Sec. 7. All work done under the provisions of this statute shall be executed under the direc- tion of the superintendent of streets, whose duty it shall be, under the general control of the coun- cil, to see that all the obligations assumed by con- 1098 Streets. tractors towards the city are faithfully compfied with, and that all trees furnished are sound, healthy, free from infection by insects, and of the kind, size, and aue called for by the contract. He shall certify to the completion of all work, or por- tion of work, which, by the terms of the contract, shall entitle the contractor to payment in whole or in part, and the presentation of his certificate by the contractor shall be a condition precedent to each payment that shall become due under the contract. Sec. 8. All sums due to contractors under tb'^ provisions of this act shall be payable by install- ments, as follows, to wit: Not more than one-half the entire consideration in the contract shall be payable on the completion of the planting, and out of this amount the superintendent of streets shall see that the ti-ees are paid for, to the party furuishin.s the same: one half the balance at the end of eighteen months after the completion of the planting; provided, all conditions shall have been complied with: the remaining one half to be paid at the end of three years after the completion of the planting; provided, all conditions sliall have been complied with. See. 9. Immediately upon the execution of any contract for the planting and care of street trees under the provisions of this act, it shall be the duty of the city assessor to make an assessment to cover the sum to become due for the work spe- cified in such contract (incltiding all incidental ex- penses) upon the lots and land fronting on the street, lane, alley, court, or place to which such contract relates, each lot or portion of a lot being separately assessed, in proportion to the front- age, at a rate per foot fi'ont sutficient to cover the total expenses of the work. Said assessment shall briefly refer to the contract, the work con- tracted for, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per foot front assessed, the amount of each assessment, the name of the owner of each lot, if known to the assessor (if unknown, the word "Unknown" shall be written opposite the number or description of the lot, with the amount assessed thereon'); and the assessor shall attach to said assessment a diagram, exhibiting the street, lane, alley, place, or court on which the work is streets. 1099 contracted to be done, and showing the relative lo- cation and frontage of such lot, numbered to cor- respond with the numbers in the assessment. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets, and countersigned by the mayor or presi- dent of the council. The said assessments and warrants shall be separately issued for each pay- ment that sliall be due the contractor, as specified in section eight of this act, and shall be substan- tially in the following form: — By virtue hereof, I (name of the superintendent of streets), of the city of , county of , and state of California, by virtue of the authority vested in me as said superintendent of streets, do authorize and empower (name of contractor), his agents or assigns, to demand and receive the sev- eral assessments upon the assessment and dia- gram hereto attached, and this shall be his war- rant for the same. Date , . (Name of superintendent of streets.) Countersigned by (name of mayor or president of council). Recorded (date , ). (Name of superintend- ent of streets.) Said warrant, assessment, and diagram shall be recorded in the office of the superintendent of streets. When so recorded, the several amounts assessed shall be a lien upon the lands, lots, or portions of lots, assessed, respectively, for the period of two years from the date of said record- ing, unless sooner discharged. From and after the date of said record, all persons interested in any manner in any or all of the lots assessed shall be deemed to have notice of the contents of said record. Sec. 10. After said warrant, assessment, and diagram shall have been recorded, the same shall be delivered to the contractor, his agents or as- signs, on demand, who shall thereby be authorized to demand and receive the amounts of the several assessments. In default whereof, and as regards enforced collections, interest, cost, and penalties, and the correction of errors, the same proceed- ings are to be had as are specified in sections nine, ten, eleven, twelve, sixteen, and seventeen of an act entitled ''An act to provide for work 1100 streets. upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March ei^rh- teenth, eighteen hundred and eighty-tive, amended March fourteenth, eighteen hundred and eighty- nine. Sec. 11. The city council of every municipality in this state has jurisdiction of the hedges and fences placed by property owners along street lines, and may, by ordinance, prohibit the plant- ing of thorn-bearing hedges and the use of barbed wire along street lines, and may regulate the height, width, and the mode of trimming hedges, and enforce ordinances enacted for such purposes against absentees, or other negligent or recusant owners or occupants of lots or lands on which hedges are maintained. They may also condemn as public nuisances, any or all weeds whose seeds are of a winged or downy nature, and are spread by the winds, and may compel the eradica- tion of such weeds by the owners of the lots whereon they grow, or at their expense. Sec. 12. The city council or trustees of every municipality shall provide for the replacement of missing trees, and for the trimming and care of all trees that have or shall have been planted for three or more years in the streets and highways, whether such planting shall have been done un- der this act or otherwise; the expense whereof must be defrayed out of the street fund, and the work be done by the superintendent of streets of such municipality. Sec. I'J. This act shall only apply to such muni- cipalities as shall by vote of the electors residing therein determine to come within its provisions. Sec. 14. This act shall take effect from and af- ter its passage. streets. 1101 An act to provide for layiiic: out, opening, extend- ing, widening, straiglitening, or closing up in whole or in part any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that pur- pose. [Kepealed as to cities over 40,000, post.] [Approved March 6, 1S89; 1889, 70.] Lading out, opening, closing, etc., streets, lanes, alleys, etc. vSection 1. Whenever the public interest or con- venience may require the city council of any mu- nicipality shall have full power and authority to order the opening, extending, widening, straight- ening, or closing up in whole or in part of any street, square, lane, alley, court, or place within the hounds of such city, and to condemn and ac- quire any and all land and property necessary or convenient for that purpose. Resolution of council declaring intention to per- form street work. Sec. 2. Before ordering any work to be done or improvement made which is authorized by sec- tion one of this act, the city council shall pass a resolution declaring its intention to do so, describ- ing the work or improvement, and the land deem- ed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said work or improve- ment, and to be assessed to pay the damages, cost, and expenses thereof. Street superintendent to post notice. Sec. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the pass- age of said resolution. Said notice shall be head- ed "notice of public work," in letters not less than onect they feel aggrieved, or the proceedings to which they object; such petition or remonstrance shall be passed upon by the said city council, and its decision therein shall be final and con(.'lusive. But when the work or improvement proposed to be done is the construction of sewers, nianiioles, culverts, or cesspools, crosswalks, or sideAvalks, and curbs, and the objection thereto is signed by the owners of a majority of the frontage liable to be assessed for the expense of said work, as a.fore- said, the said city council shall, at its next meet- ing, fix a time for hearing said objections, not less than one week thereafter. Tlie city clerk sliall thereupon notify the persons making such streets. 1117 objections, by depositing a notice thereof in the postoflice of said city, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified said city council shall hear the objections urged, and pass upon the same, and its decisions shall be final and conclusive, and the said bar for six months to any farther proceedings shall not be applicable there- to. And when not more than two blocks, includ- ing street crossings, remain ungraded to the offi- cial grade, or otherwise unimproved, in whole or in part and a block or more on each side upon said street has been so graded or otherwise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unim- proved, said city council may order any of the work mentioned in this act to be done upon said intervening ungraded or unimproved part of saiJ street, or at the end of a street, and said work upon said intervening part, or at the end of a street, shall not be stayed or prevented by any n'ritten or other objection unless such council shall deem proper. And if one half or more in width or in length, or as to grading, one half or more of the grading work of any street lying anc'i being between two successive main street cross- ings, or if a crossing has been already partially graded or improved as aforesaid, said council may order the remainder improved, graded or other- wise, notwithstanding such objections of property owners. At the expiration of twenty days after the expiration of the time of said publication by said street superintendent, and at the expiration of twenty-five days after the advertising and post- ing, as aforesaid, of any resolution of intention, if no written objection to the work therein de- scribed has been delivered, as aforesaid, hy the owners of a major frontage of the property front- ing on said proposed work or improvement, or if any written objection purporting to be signed by the owners of a major frontage is disallovv'ed by said council, as not of itself barring said work for six months, because in its judgment, said ob- Gen. Laws— 94, 1118 Streets. jection has not been legally signed by the owners of a majority of said frontage, the city council shall be deemed to have acquired jurisdiction to order any of the work to be done, or improvement to be made, which is authorized by this act; which order, when made, shall be published for two days, the same as provided for the publication of the resolution of intention. Before passing any resolution for the construction of said improve- ments, plans and specifications and careful esti- mates of the costs and expenses thereof shall be furnished to said city council, if required by it, by the city engineer of said city; and for the work of constructing sewers, specifications shall always be furnished by him. Whenever the con- templated work of improvement, in the opinion of the city council, is of more than local or ordinary public benefit, or whenever, according to estimate to be furnished by the city engineer, the total esti- mated costs and expenses thereof would exceed one half the total assessed value of the lots and lands assessed, if assessed upon the lots or land fronting upon said proposed work or improve- ment, according to the valuation fixed by the last assessment roll whereon it was assessed for taxes for municipal purposes, and allowing a reasonable depth from such frontage for lots or lands as- sessed in bulk, the city council may make the ex- pense of such work or Improvement chargeable upon a district, which the said city council shall, in its resolution of intention, declare to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof. Objections to the extent of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof, may be made by in- terested parties, in writing, within ten days af- ter the expiration of the time of the publication of the notice of the passage of the resolution of intention. The city clerk shall lay said objec- tions before the city council, which shall, at its next meeting, fix a time for hearing said objec- streets. 1119 tions not less than one week thereafter. The city clerk shall thereupon notify the persons mak- ing such objections by depositing a notice there- of in the post-office of said city, postage prepaid, addressed to each objector. At the time speci- fied the city council shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. If the objections are sustained, all proceedings shall be stopped; but proceedings may be immediately again com- menced by giving the notice of intention to do the said work or make said improvements. If the objections are overruled by the city council, the proceedings shall continue the same as if such objections had not been made. [Amendment ap- proved March 31, 1S91, Stats. 1891, p. 196.] Sec. 4. The owners of a m^ajority in frontage of lots and lands fronting on any street, avenue, lane, alley, place, or court, or of lots or lands lia- ble to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the city council to order any of the work mentioned in this act to be done, and the city council may order the work men- tioned in said petition to be done, after notice of its intention so to do has been posted and pub- lished as provided in section three of this act. [Amendment approved March 31, 1891; Stats. 1891, p. 196.] Sec. 5. Before the av^arding of any contract by the city council for doing any work authorized by this act, the city council shall cause notice, with specifications, to be posted conspicuously for five days on or near the council chamber door of said council, inviting sealed proposals or bids for doing the work ordered, and shall also cause no- tice of said work inviting said proposal, and refer- ring to the specifications posted or on file, to be published for two days in a daily, semi-weekly, or weekly newspaper published and circulated in said city, designated by the council for that pur- pose, and in case there is no newspaper published in said city, then it shall only be posted as here- 1120 Streets. inbefore provided. All proposals or bids offered shall be accompanied by a check payable to the order of the mayor of the city, certified by a re- sponsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for the said amount and so payable, signed by the bidder and by twO' sure- ties, who shall justify, before any offi'cer compe- tent to administer an oath, in double the said amount, and over and above all statutory exemp- tions. Said proposals or bids shall be delivered to the clerk of the said city council, and said coun- cil shall, in open session, examine and publicly declare the same; provided, however, that no pro- posal or bid shall be considered unless accompan- ied by said check or bond satisfactory to the council. The city council may reject any and all proposals or bids should it deem this for the pub- lic good, and also the bid of any party who has been delinquent and unfaithful in any former con- tract with the municipality, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said worlv or improve- ment to the lowest responsible bidder at the prices named in his bid, which award shall be approved by the mayor or a three-fourths vote of the city council. If not approved by Llm, or a three- fourths vote of the city council, without further proceedings, the city council may readvertise for proposals or bids for the performance of the work as in the first instance, and thereafter proceed in the manner in this section provided, and shall thereupon return to the proper parties the respec- tive checks and bonds correspondivig to the bid so rejected. But the checks accompanying such accepted proposals or bids shall be held by the city clerk of said city until the contract for do- ing said work, as hereinafter provided, has been entered into, either by said lowest bidder or by the owners of three-fourths part of the frontage, whereupon said certified check shall be returned to said bidder. But if said bidder fails, neglects streets. 1121 or refuses to enter into the contract to perform said work or improvement, as hereinafter provid- ed, tlien tlie certified check accompanying his bid and the amount therein mentioned, shall be de- clared to be forfeited to said city, and shall be collected by it and paid into its fund for repairs of streets, and any bond forfeited may be prose- cuted, and the amount due thereon collected and paid into said fund. Notice of such awards of contracts shall be posted for five clays, in the same manner as hereinbefore provided for the posting- of proposals for said work, and shall be published for two days in a daily newspaper pub- lished and circulated in said city and designated by said city council, or in cities where there is no daily newspaper, by one insertion in a semi-week- ly or weekly newspaper so published, circulated and designated; provided, however, that in case there is no newspaper printed or published in any such citj', then such notice of award shall only lie kept posted as hereinbefore provided. The owners of three-fourths of the frontage of lots and lands upon the streets whereon said work is to be done, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may, within ten days after the first post- ing and publication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to commence the work within fifteen days after the first posting and publishing of said award, and to prosecute the same with diligence to completion, it shall be the duty of the superin- tendent of streets to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or re- fuses, for fifteen days after the first posting and publication of the notice of award, to enter into 1122 Streets. the contract, then the city council, without fur- ther proceedings, shall again advertise for pro- posals or bids, as in the first instance, and award the contract for the said worli to the then lowest regular bidder. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract as herein pro- vided, shall be rejected in any bidding or election subsequent to the first for the same work. If the owner or contractor, who may have taken any contract, do not complete the same within the time limited in the contract, or within such fur- ther time as the city council may give them, the superintendent of streets shall report such delin- quency to the city council which may relet the un- finished portion of said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first instance. All contractors, contracting owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the superintendent of streets of said city, with two or more sureties and payable to such city, in such sums as the mayor shall deem adequate, condi- tioned for the faitliful performance of the con- tract; and the sureties shall justify before any person competent to adjninister an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Before being en- titled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, for payment by him, the cost of publi- cation of the notices, resolutions, orders, or other incidental expenses and matters required under the proceedings prescribed in this act, and such other notices as may be deemed requisite by the city council. And in case the work is abandoned by the city before the letting of the contract, the incidental expenses incurred previous to such abandonment shall be paid out of the city treas- ury. [Amendment approved March 31, 1891; Stats. 1891, p. 190.] streets. 1123 Sec. 6. The superintendent of streets is hereby authorized, in his official capacity, to make all written contracts, and receive all bonds author- ized by this act, and to do any other act, either express or implied, that pertains to the street de- partment under this act; and he shall fix the time for the commencement, which shall not be more than fifteen days from the date of the contract, and for the completion of the work under all con- tracts entered into by him, which work shall be prosecuted with diligence from day to day there- after to completion, and he may extend the, time so fixed from time to time, under the direction of the city council. The work provided for in sec- tion two of this act must, in all cases, be done under the direction and to the satisfaction of the superintendent of streets, and the materials used shall comply with the specifications and be to the satisfaction of said superintendent of streets, and all contracts made therefor must contain a provis- ion to that effect, and also express notice that, in no case, except where it is otherwise provided in this act, will the city, or any offi'cer thereof, be liable for any portion of the expenise, nor for any delinquency of persons or property assessed. The city council may, by ordinance, prescribe general rules directing the superintendent of streets and the contractor as to the materials to be used, and the mode of executing the work, under all con- tracts thereafter made. The assessment and ap- portionment of the expenses of all such work or improvement shall be made by the superintendent of streets in the mode herein provided. Sec. 7. Subdivision One— The expenses incurred for any work authorized by this act (which ex- pense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, nor include work which shall have been declared in the resolution of intention to be assessed on a district benefited) shall be assessed upon the lots and lands frontina- thereon, except as hereinafter 1124 Streets. specifically provided; each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per front foot suffi'cient to coyer the total expense of the work. Subdivision Two— The expense of all improve- ments, except such as are done by contractors un- der the provisions of section thirteen of this act, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally accepted, as provided in section twenty of this act, shall be as- sessed upon the lots and lands, as provided in this section, according to the nature and character of the worli; and after such acceptance the expense of all the work thereafter done thereon shall be paid by said city out of the street department fund. Subdivision Three— The expense of the work done on main street crossings shall be assessed at a uni- form rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, half way to the next main street crossing, and all the way on said blocks to a boundary line of the eity where no such crossing intervenes, but only ac- cording to its frontage in said quarter blocks and irregular blocks. Subdivision Four— Where a main street termi- nates in another main street, the expenses of the work done on one half of the widtn of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoin- ing and cornering on the same, according to the frontage of such lots on said main streets, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Subdivision Five— Where any alley or subdi- vision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or Streets. 1125 intersectioD, or to the eud of such alley or subdi- vision street, if it does not meet another. Subdivision Six— The expense of work done on alley or subdivision street crossings shall be as- sessed upon the lots fronting upon such alley or •subdivision streets on each side tnereof, in all di- rections, half way to the next street, place or •court, on either side, respectively, or to the eud •of such alley or subdivision street, if it does not meet another. Subdivision Seven — Where a. suwcllvi.^ion stn.ft, avenue, lane, alley, place, or court terminat;;S in another street, avenue, lane, alley, place, or court, the expense of the work done on one half of the width of the subdivision street, avenue, lane, al- ley, place, or court opposite the termination, shall be assessed upon the lot or lots fronting on such subdivision street, or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half w^ay on each side, respectively, to the next street, avenue, lane, alley, court, or place, or to the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one half of the width upon the lots fronting such termination. Subdivision Eight— Where any work -nentioued in this act (manholes, cesspools, culverts, cross- walks, piling, and capping excepted) is done on either or both sides of the center line of any street for one block or less, and further work op- posite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expenses of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. And when sewering or resewering is ordered to be done under the sidewalk on only one side of a street for any length thereof, the assessment for its expenses shall be made only upon the lots and lands fronting nearest upon that side, and for in- tervening Intersections only upon the two quar- ter blocks adjoining and cornering upon that s'de. 1126 Streets. Subdivision Nine— Section one of cliapter three hundred and twenty-five of the laws of this state, entitled "An Act amendatory of and supplem3jit- ary to 'An act to provide revenue for the support of the government of this State,' approved April twenty-ninth, eighteen hundred and fifty-seven," approved April nineteenth, eighteen hundred ra d fifty-nine, shall not be applicable to the provis- ions of this section; but the property herein men- tioned shall be subject to the provisions of this act, and be assessed for work done under the pro- visions of this section. Subdivision Ten— It shall be lawful for the own- er or owners of lots or lands fronting .ipon any street, tlie width and grade of which have been established by the city council, to perform, nt his or their own expense (after obtaining permission from the council so to do. but before said council has passed its resolution of intention to order grading inclusive of this), any grading upon said street, to its full width, or to the center line there- of, and to its grade as then established, and there- upon to procure, at his or their own expense, a cej-tificate from the city engineer, setting forth the number of cubic yards of cutting and filling L-iade by him or them in said grading, and the propor- tions performed by each owner, and that the same is done to the established Avidth and grade of said street, or to the center line thereof, and thei'eafter to file said certificate with the superintendent of streets, which certificate the superintendent shall record in a book kept for that purpose in his of- fice, properly indexed. Whenever thereafter the city council orders the grading of said street, or any portion thereof, on which any ^ridi-ig certi- fied as aforesaid has been done, the bids and con- tracts must express the price by the cubic yard for cutting and filling in grading; and the said owner or owners, and his or their successors in interest, shall be entitled to credit, on the assess- ment upon his or their lots and lands fronting on said streets for the grading thereof, to the rmoimt of the cubic yard of cutting and filling set forth streets. 1127 in his or tlieir said certificate, at the jn-ices named iu the contract for said cutting any any final jndgment of any conrt of this state that r.nj suit brought to foreclose the lien of any sum of money assessed to cover the expense of said street Avork done under the provisions of this act lias been de- feated by reason of any defect, error, informality, omission, irregularity, or illegality in any assess- ment hereafter to be made and Issued, or in tlie recording thereof, or in the return thereof n ade to or recorded by said superintendent of streets, any person interested therein may, nt any time within three months after the entry of said final judgment, apply to said superiaceadont of streets wlio issued the same, or to any superinreudent of streets in offi'ce at the time of said application, for another assessment to be issu'.id in conformity to law; and said superintendent shall, within fif- teen days after the date of said opplicatlou, make and deliver to said applicant a «e\v assess ineid, diagram, and warrant in accordance with law; and the acting mayor shall countersign the same as now provided by law, which assessaionx shall be a lien for the period of two years fromthe date of said assessment, and be onforcied as provided ill section seven of this act. [Amendment ap- proved March 31, 1891; Stats. 1S91, p. 196.] Sec. 10. The contractor, or his assigns, or some person in his or their behalf, shall call npoa the persons assessed, or their agents, if they <-jjn con- veniently be found, and demand payment of the amount assessed to each. If any payment be made the contractor, his assigns, o^r soiue person in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a separate re- ceipt if\lemanded. Whenever the person so as- sessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "unknown" on the osscjssment, then the said contractor, or his assigns, < r some person in his or their behalf, shall puDllely de- mand payment on the premises assessed. The 1132 Streets. warrant shall be returned to the supeduteadent of streets within thirty days after its date, with a return indorsed thereon, signed by the contract- or, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupoji ' the super- intendent of streets shall record the return so made, in the margin of the record of the A^aiiant and assessment, and also the original ou tract referred to therein, if it has not already been re- corded at full length in a book to be kept for that purpose in his office, and shall sign the r( cord. The said superintendent of streets is authorized at any time to receive the amount due apon fjny assessment list and warrant issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a complete discharge of the lien until the costs In the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office, on the payment to him of the amount of the assessment against any lot with interest, or on the production to him of the receipt of the party or his assigns to whom the assessment j>nd warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thence- forth have no lien upon the property assessed; provided, however, that in case any warrant is lost, upon proof of such loss a duplicate can be issued, upon which a return may be made, with the same elfect as if the original had been so re- turned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of ten per cent per annum until paid. Sec. 11. The owners, whether named in the assessment or not, the contractor, or his assigns, and all other persons directly interested in any streets. 11 33 work provided for in this act, or in tlie assess- ment, feeling aggrieved by any act or determina- tion of tlie superintendent of streets in relation tliereto, or who claim that the work has not been , performed according to the contract in a good and I substantial manner, or having or making any ob- I jection to the correctness or legality of the as- : sessment or other act, determination, or proceed- ings of the superintendent of streets, shall, within thirty days after the date of the warrant, appeal ; to the citj' council, as provided in this section, by i briefly stating their objections in writing, and filing the same with the clerk of said city council. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or other subject of appeal, and to the acts, deter- minations, or proceedings objected to or com- plained of, shall be published for five days. Upon such appeal, the said city council may remedy and correct any error or informality in the pro- ceedings, and revise and correct any of the acts or determinations of the superintendent of streets relative to said work; may confirm, amend, set aside, alter, modify, or correct the assessment in such manner as to them shall seem just, and re- quire the work to be completed according to the directions of the city council; and may instruct and direct the superintendent of streets to correct tlie warrant, assessment, or diagram in any i-ar- ticular, or to make and issue a new warrant, as- sessment, and diagram, to conform to the decis- ions of said city council in relation thereto, at their option. All the decisions and determina- tions of said city council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities, and irregtilarities which said city council might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to the city council, as provided in this section, for any error, informality, or other defect in any of the proceed- ings prior to the assessment, or in the assess- 1134 Streets. ment itself, where notice of tlie iutention of the city council to order the worli to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution ordering the worli to be done. Sec. 12. At any time after the period of thirty- five days from the day of the date of the war- rants, as herein provided, or if an appeal is talven to tlie city council, as provided in section eleven of this act, at any time after five days from the decision of said council, or after the return of the warrant or assessment, after the same may have been corrected, altered, or modified, as provided in said section eleven (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or portions of lots, as- sessed on the day of the date of the recording of the warrant, assessment, and diagram, or any day thereafter during the continuance of the lien of said assessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate of ten per cent per annum until paid. And in all cases of recovery under the provisions of this act, the plaintiff shall recover the sum of fifteen dollars, in addition to the tax- able cost as attorney's fees, but not any percent- age upon said recovery. And when suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demand- ed, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars as attorney's fees, in addition to all taxable costs, notwith- standing that the suit may be settled or a tender may be made before a recovery in said action, and he may have judgment therefor. Suit may be brought in the superior court within whose .lurisdiction the city is in which said work has been done, and in case any of the assessments are made against lots, portions of lots, or lands the owners thereof cannot, with due diligence, be streets. 1135 fuimd, the service in each of such actions may be had in such manner as is prescribed in the codes and laws of this state. Tlie said warrant, assess- meut, certificate, and diagram, witli the affidavit of demand and non-payment, sliall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and ac-ts of the superintendent of streets and city (tvancil upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to recover in the action. The 'oiirt in which said suit shall be commenced shall liave power to adjudge and decree a lien against the premises assessed, and to order such premises 10 be sold on execution, as in other cases of the s;ile of real estate by the process of said courts; ;iiid on appeal, the appellate courts shall be vested \\ ith the same power to adjudge and decree a lien and to order such premises to be sold on execution or decree as is conferred on the court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pend- ing, or hereafter brought to recover street assess- ments, the proceedings therein shall be governed and regulated by the provisions of this act, and ;ilso, when not in conflict herewith, by the codes i»f this state. This act shall be liberally construed lo effect the ends of justice. [Amendment ap- oroved, March 14, 1SS9; Stats. 1889, p. 168.] Sec. 12yo. The city council, iuc-tead of waiting until the completion of the improvement, may, in its discretion, and not otherwise, upon the com- pletion of two blocks or more of any improve- ment, order the street superintendent to make an assessment for the proportionate amount of the conti-act completed, and thereupon proceedings and rights of collection of such proportionate amount shall be had as in sections eight, nine, ten. eleven, and twelve of the act of which, this is aaiendatory is provided. [New section added March 14, 18S9; Stats. 1889, p. 169, and approved March 14, 1889; Stats. 1889, p. 169.] Sec. 13. When any portion of any street, ave- 1136 Streets. nue, lane, alley, court, or place in said city im- proved, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the pub- lic convenience in the use thereof, it shall be the duty of said superintendent of streets to require, by notice in writing, to be delivered to them or their agents personally, or left on the premises the owners or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court, or place, or of said portion of said sidewalk so out of repair or needing recon- struction as aforesaid, to repair or reconstruct, or to do both, forthwith, said portion of said street, avenue, lane, alley, court, or place, to the center line of said street in front of the property of which he is the owner, or tenant, or occupant, and said superintendent of streets shall particularly specify in said notice what work is required to be done, and how the same is to be done, and what ma- terial shall be used in said repairs, or reconstruc- tions, or both. If said repairs, or reconstructions, or both, be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to comple- tion, the said superintendent of streets may, un- der authority from, said city council, make such repairs, reconstruction, or both, or enter into a contract with any suitable person, at the expense of the owner, tenant, or occupant, after the speci- cation for the doing of said work shall have been conspicuously posted by him in his ofiBce for two days, inviting bids for the doing of said work, which bids shall be delivered to him at his office on or before the second day of said posting, and opened by him on the next day following the ex- piration of said two days of posting, and the con- tract by him be awarded to the lowest bidder, if such lowest bid, in the judgment of said street superintendent, shall be reasonable. All of said bids shall be preserved in his office and open at all times after the letting of the contract to the streets. 1137 inspection of all persons, and such owner, tenant, or occupant shall be liable to pay said contract price. Sucli work shall be commenced within twenty-four hours after the contract shall have been signed, and completed without delay to the satisfaction of said street superintendent. Upon the completion of said repairs, or reconstruction, or both, by said contractors as aforesaid, to the satisfaction of said superintendent of streets, said superintendent of streets shall make and deliver to said contractor a certificate to the effect that said repairs, or reconstruction, or both, have been properly made by said contractor to the grade, and that the charges for the same are reasonable and just, and that he, said superintendent, has accepted the same. [Amendment approved March 14, 1S89; Stats. 1889, p. 157.] Sec. 14. If the expenses of the work and ma- +erial for such improvement, after the comple- tion thereof, and the delivery to said contractor of said certificate, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and said certi- ficate of the superintendent of streets shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action. Said certificate shall be recorded by the said su- perintendent of streets in a book kept by him in his office for that purpose, properly indexed, and the sum contracted to be paid shall be a lien, the same as provided in section nine of this act, and may be enforced in the same manner. Sec. 15. In addition, and as cumulative to the remedies above given, the city council shall have power, by resolution or ordinance, to prescribe the penalties that shall be incurred by any owner or person liable, or neglecting, or refusing to make repairs when required, as provided in section (13) thirteen of this act, which fines and penalties shall be recovered for the use of the city by prosecu 1138 Streets. tion in the name of the people of the state of Cali- fornia, in the court having jurisdiction thereof, and may be applied, if deemed expedient by the said council, in the payment of the expenses of any such repairs not otherwise provided for. Sec. IG. The person owning the fee, or the per- son in whom, on the day the action is commenced, appears the legal title to the lots and lands, by deeds duly recorded in the county recorder's office of each county, or the person in possession of lauds, lots, or portions of lots or buildings under claim, or exercising acts of -ownership over the same for himself, or as the execuior, administra- tor, or guardian of the owmer, shall be regarded, treated, and deemed to be the "owner" (for the purpose of this law), according to the intent and meaning of that word as used in this act. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. Sec. IT. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this act, or he may pay the price agreed on to be paid under the provision of section thirteen of this act, either before or after suit brought, together with costs, to the con- tractor , or his assigns, or he may redeem the property, if sold on execution or decree for the benefit of the ownei*. within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him, and for any sums so paid beyond the rents dae from him, he shall have a lien upon and may retain possess- ion of the said land and lots until the amount so paid and advanced be satisfied, with legal inter- est, from accruing rents, or by payment by the ovx^ner. Sec. IS. The records kept by the superintendent of streets of said city, in conformity with the pro- visions of this act. and signed by him, shall have the same foree and effect as other public records, streets. 1139 and copies therefrom, duly certified, may be used ill evidence Avitli the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. Sec. 19. Notices in writing which are required to be given by the superintendent of streets, under tlie provisions of this act, may be served by any person, with the permission of the superintendent of streets, and the fact of such service shall be verified by the oath of the person making it, taken before the superintendent of streets (who, for that purpose, and for all other purposes, and in all cases where a verification Is required under the provisions of this act, is hereby authorized to administer oaths), or other person authorized to administer oaths, or such notices may be deliv- ered! to the superintendent of streets himself, A^'ho must also verify the service thereof, and who shall keep a record of the fact of giving such notices, when delivered by himself personally, and also of the notices and proof of service when delivered by any other person. [Amendment ap- proved March 14, 1889; Stats. 1889, p. 157.] Sec. 20. Whenever any street, or portion of a street, has been or shall hereafter be fully con- structed to tlie satisfaction of the superintendent of streets and of the city council, and is in good condition throughout, and a sewer, gas pipes, and water pipes are laid therein, under such regula- tions as the city council shall adopt, the same ^hall be accepted by the city council, by ordi- nance, and thereafter shall be kept in repair and improved by the said municipality; the expense thereof, together with the assessment for street work done in front of city property, to be paid out of a fund to be provided by said council for that purpose; provided, that the city council shall not accept of any portion of the street less than the entire width of the roadway (mcluding the curbing), and one block in length, or one entire crossing; and, provided further, that the city council may partially or conditionally accept any 1140 Streets. street, or portion of a street, without a sewer, or gas pipes, or water pipes tlierein, if the ordinance of acceptance expressly states tliat the council deems such sewer, or gas pipes, or water pipes, to be then unnecessary, hut the lots of land pre- viously, or at any time, assessable for the cost of constructing a sewer, shall remain and be as- sessable for such cost, and for the cost of repairs and restoration of the street damaged in the said construction, whenever said council shall deem a sewer to be necessary, and shall order it to be constructed, the same as if no partial or condi- tional acceptance had ever been made. The su- perintendent of streets shall keep in his oflBce a register of all streets accepted by the city council under this section, which register shall be indexed for easy reference thereto. Sec. 21. The superintendent of streets shall keep a public office in some convenient place within the municipality, and such records as may be required by the provisions of this act. He shall superintend and direct the cleaning of all sewers^ and tlie expense of the same shall be paid out of the street or sewer fund of said city. Sec. 22. It shall be the duty of the superin- tendent of streets to see that the laws, ordinances, orders, and regulations relating to the public streets and highways be fully carried into execu- tion, and that the penalties thereof are rigidly enforced. He shall keep himself informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots, and grounds of said city, as may be prescribed by the city council. He shall, before entering upon the duties of liis otiice, give bonds to the municipal- ity, with such sureties and for such sums as may be required by the city council; and should he fail to see the laws, ordinances, orders, and regula- tions relative to the public streets or highways carried into execution, after notice from any cit- izen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of said official neglect. Streets. 1141 Sec. 23. If, in consequence of any gnided street or public highway improved under the provisions of this act, being out of repair and in condition to endanger persons or property passing thereon, any ; person, while carefully using said street or public 1 highway, and exercising ordinary care to avoid the ■danger, suffer damage to his person or property, through any such defect therein, no recourse for damages thus suffered shall be had against such city; but if such defect in the street or public i highway shall have existed for the period of i twenty-four hours or more after notice thereof to I the said superintendent of streets, then the per- !Son or persons on whom the law may have im- posed the obligations to repair such defect in the I street or public highway, and also the officer or officers through whose official negligence such de- fect remains unrepaired, shall be jointly and sev- erally liable to the jjarty injured for the damage sustained; provided, that said superintendent has the authority to make said repairs, under the direction of the city council, at the expense of the city. Sec. 24. The city council of such city shall have fall power and authority to construct sewers, gut- ters, and manholes, and provide for the cleaning of the same, and culverts or cesspools, or cross- walks or sidewalks, or any portion of any side- walk, upon or in any street, avenue, lane, alley, court, or place in such city; and also for drainage purposes, over or through any right of way ob- tained or granted for such purposes, with neces- sary and proper outlet or outlets to the same, of .such materials, in such a manner, and upon such terms as it may be deemed proper. None of the work or improvements described in this section shall be stayed or prevented by any written or any other remonstrance or objection, unless such council deems proper. [Amendment approved March 11, 1893; Stats. 1893, p. 172.] Sec. 25. The City Council may, in Its discretion, repair and water streets that shall have been graded, curbed, and planked, paved, or macada- Gen. Laws — 96. 1142 Streets. mized, and may build, repair, aud clean sewers, and shall provide a Street Contingent Fund at the same time and in the same manner as other funds are provided, out of which to pay the costs and expenses of mailing said repairs, and water- ing said streets, and building, repairing, and cleaning said sewers; but whenever any unac- cepted street or part of a street requires regrad- ing, recurbing, repiling. repaving, replanking, re- graveling, or remacadamizing, or requires new cul- verts, or new crosswallis, or new sidewalks, or new sewers, the work shall be advertised and let out by contract, and the costs and expenses thereof shall be assessed upon the property affected or benefited thereby, the same as in the first in- stance. Sec. 26. The city council may, in its discretion, order, by resolution, that the whole or any part of the cost and expenses of any of the work men- tioned in this act to be paid out of the treasury of the municipality from such fund as the council may designate. Whenever a part of such cost and expenses is so ordered to be paid, the super- .intendent of streets, in making up the assessment heretofore provided for such cost and expenses, shall first deduct from the whole cost and ex- penses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expenses proportionately upon the lots, parts of lots, and lands fronting on the streets where said work was done, or liable to be assessed for such work, and in the manner heretofore provided. [Am- endment approved March 31, 1891; Stats. 1891, p. 196.] Part II. Sec. 27. Whenever the city council deem it necessary to construct a sewer, then the said council may, in its discretion, determine to con- struct said sewer, and assess the cost and ex- penses thereof upon the property to be affected or benefited thereby, in such manner and within streets. Ulii such assessment district as it shall prescribe, and the lien therefor upon said property shall be the same as is provided in section nine of this act, or said council may determine to construct said sewer and pay therefor out of the street contin- gent fund. Sec. 28. If, at any time, the city council shall deem it necessary to incur any indebtedness for the construction of sewers, in excess of the mon- ey in the street contingent fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified elec- tors of the city, to be held to determine whether such indebtedness shall beincurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the route and general character of the sewer or sewers to be construed, and the amount of money necessary to be raised annu- ally by taxation for an interest and sinking fund as hereinafter provided. Such notice shall be published for at least three weeks in some news- paper published in such city, ana' no other ques- tion or matter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appears that not less than two thirds of all the qualified electors voting at such election shall have voted in favor of in- curring such indebtedness, it shall be the duty of the City Council to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same; and in such ordinance pro- vision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation, within such city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the City Council in each year there- after, at the time when other taxes are levied, to levy a tax sufficient for such purpose, in addition to the taxes authorized to be levied for city pur- 1144 Streets. poses. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviola- bly appropriated to the payment of the principal and interest of such indebtedness. Sec. 29. If bonds are issued under the provis- ions of the last section, said bonds shall be in sums of not less than one hundred dollars nor more than one thousand dollars, shall be signed by the Mayor and Treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the mayor and treasurer. Said bonds shall bear interest, to be fixed by the city council, at the rate of not to exceed five per cent per an- num. Sec. 30. Before the salie of said bonds, the coun- cil shall, at a regular meeting, by resolution, de- clare its intention to sell a specified amount of said bonds, and the day and hour of such sale, and shall cause such resolution to be entered in the minutes, and shall cause notice of such sale to be published for fifteen days in at least one newspaper published in the city in which the bonds are issued, and one published in the city and county of San Francisco, and in any other newspaper in the state, at their discretion. The notice shall state that sealed proposals will be received by the council for the purchase of the bonds on the day and hour named in the resolution. The council, at the time appointed, shall open the proposals and award the purchase of the bonds to the highest bidder, but may reject all bids. Sec. 31. Tbe council may sell said bonds, at not less than par value, without the notice provided for in the preceding section. Sec. 32. The proceeds of the sale of the bonds shall be deposited in the city treasury, to the account of the sewer fund, but no payment therefrom shall be made, except to pay for the construction of the sew- er or sewers, for the construction of which the bonds were issued, and upon the certificate of the superintendent of streets and the city engineer streets. 1145 that the work has beeu doue according to the con- tract; provided, that after the completion of the sewers, for the construction of whicli said bonds were issued, if there be any money of said fund left in the treasury, the same may be transferred to the geiidral fund, for general |)urposes. [Amend- ment approved Marcli lo, 18S7; Stats. 1887, j), 1-18.] Sec. 33. Whenever said council shall determine to construct any sewer, and pay therefor out of the street contingent fund, or by the issuance of bonds, as above provided, then said council shall cause to be prepared plans and specifications of said work in sections, and shall advertise for twenty days in at least one newspaper published in the city in Avhich the sewer is to be construct- ed, and one in the city and county of San Fran- cisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest responsible bid- der, the council having the right to reject any and all bids. The work shall be done and the materials furnished under the supervision and to the satisfaction of the superintendent of streets and the city engineer. Sec. 34. First— The city engineer, or where there is no city engineer, the county, or city and county surveyor, shall be the proper officer to do the surveying and other engineering work nec- essary to be done under this act, and to survey and measure the work to be done under con- tracts for grading and macadamizing streets, and to estimate the costs and expenses thereof; and every certificate signed by him in his offi'cial char- acter shall be prima facie evidence in all courts in this state of the truth of its contenrs. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. In all those cities where there is no city engineer, the city council thereof is hereby autnorlzed and em- powered to appoint a suitable person to discharge the duties herein laid down as those of city en- gineer, and all the provisions hereof applicable to 1146 Streets. the city engineer sliall apply to sucli person so appointed. Said city council is hereby empower- ed to fix his compensation for such services. Second — The words "worlv," "improve," "im- proved" and "improvement"as used in this act, shall include all worli mentioned in this act, and also the construction, reconstruction and repairs of all or any portion of said work. Third— The term "incidental expenses," as us- ed in this act, shall include the compensation of the city engineer for work done by him; also the cost of printing and advertising as provided in this act, and not otherwise; also, the compensa- tion of the person appointed by the superinten- dent of streets to take charge of and superintend any of the work mentioned in section thirty-five of this act. All demands for incidental expenses mentioned in this subdivision shall be presented to the street superintendent by itemized bill, duly verified by oath of the demandant. Fourth-- The notices, resolutions, orders or otlier matter required to be published by the pro- visions of this act, and of the act of which this is amendatory, shall be published in a daily news- paper, in cities where such there is, and where there Is no daily newspaper, in a semi- weekly or weekly newspaper, to be de- signated by the council of such city, as often as the same is issued, and no other statute shall govern or be applicable to the publications herein provided for; provided, however, that only in case there is no daily, semi-weekly or weekly news- paper printed or circulated in any such city, then such notices, resolutions, orders or other matter as are herein required to be published in a news- paper, shall be posted and kept posted for the same length of time as required herein for the publication of the same in a daily, semi-weekly or weekly newspaper, in three of the most public places in such city. Proof of tho publication or posting of any notice provided for herein shall be made by affidavit of the owner, publisher or clerk of the newspaper, or of the poster of the notice. streets. 1147 No publication or notice, other than that provid- ed for in tbis act, sliall be necessary to give valid- ity to any of the proceedings provided for there- in. Fifth — The wovO. "municipality" and the word 'city," as used in this act, shall be understood ;ind so construed as to include, and is hereby de- • lared to include, all corporations heretofore or- i^anized and now existing, and those hereafter ML-ganized, for municipal purposes. Sixth— The words "paved" or "repaved," as us- ed in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether pat- ented or not, which the city council shall by ordi- nance adopt. Seventh— The word "streets," as used in this act, shall be deemed to, and is hereby declared to, include avenues, highways, lanes, alleys, cross- ings, or intersections, courts and places, and the term "main street" means such actually opened street or streets as bound a block; the word "blocks," whether regular or irregular, shall mean such blocks as are bounded by main streets, or partially by a boundary line of the city. Eight— The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to in- clude, and are hereby declared to include, any person or otBcer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof in any city. In all those cities Avhere there is no street superintendent or superintendent of streets, the city council there- of is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all provisions here- of applicable to the street superintendent or sup- erintendent of streets shall apply to such person so appointed. Ninth — The term "city council" is hereby de- 1148 Streets. Glared to include any body or board which, under the law, is the legislative department of the gov- ernment of any city. Tenth— In municipalities in which there is no mayor, then the duties imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees, or other chief executive officer of the municipality. Eleventh—The term "clerk" and "city clerk" as used in this act, is hereby declared to include any person or officer who shall be clerk of the said city council. Twelfth— The term "quarter block," as used in this act as to irregular blocks, shall be deemed to include all lots or portions of lots having any frontage on either intersecting street half way from such intersection to the next main street, or, when no main street intervenes, all the way to a boundary line of the city. Thirteenth— The term "one year," as used in this act, shall be deemed to include the time be- ginning with January first and endmg with the thirty-first day of December of the same year. Fourteenth — References in certain sections, by number, to certain other sections of "this act" refer to the number of the sections of the original act, as heretofore amended, unless it appears from the context that the reference is to the sec- tion of this amendatory act, when it shall be con- strued according to the context. FAmendtnent ap- proved March 31, 1801; Stats. 1891, p. 96.] Sec. 35. The superintendent of streets shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and improvement of each and every sewer constructed or improved under the provisions of this act, and of piling and capping, sidewalking, or of the paving of whatever char- acter heretofore mentioned, in whole or in part, of one blocli or more, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom to report the same to the superintendent of streets. Such per- streets. 1149 son shall be allowed for bis time actually em- ployed in the discharge of his duties such com])eu- sation as shall be just, but not to exceed four dollars per day. The sum to which the partv so employed shall be entitled shall be deemed to be incidental expenses, within the meaning of those words as defined by this act. [Amendment ap- proved March 31, 1891; Stats. 1891. p. 19G.] See. 3G. The act entitled "An act to i)rovide for the improvement of streets, lanes, alleys, courts, places, and sidewalks, and the construction of sewers within municipalities," approved ]March sixth, eighteen hundred and eighty-three, is hereby repealed; provided, that any work or pro- ceedings commenced tj^ereunder prior to the pas- sage of this act shall in nowise be affected here- by, but shall in all respects be finished and com- pleted under said act of March sixth, eighteen hundred and eighty-three, and said repeal shall in nowise affect said w^ork or proceedings. Sec. 37. That said act shall take effect and be in force immediately upon its passage, and all acts and parts of acts in conflict with this act are hereby repealed; and provided, however, that any work or proceeding of the city council com- menced under the act of which this is amendatory shall in nowise be afl'ected thereby, but shall in all respects be finished and completed thereunder. [Amendment Approved INIarch 11, 1893; Stats. 1893, p. 172.] Sec. 38. The city council is hereby empowered to change or modify the grade of any public street, lane, alley, place, or court, and to regrade or ]"epave the same, so as to conform to such modified grade, in the manner as hereinafter pro- vided. Before any change of grade is ordered the city council shall pass an ordinance or resolution of intention to make such change or modification of grade, and it shall have power at the same time and in the same ordinance or resolution to provide for the actual cost of performing the work of regrading, repaving, sewering, sidewalk- ing, or curbing of said street or portion of street, 1150 Streets. witli the same or otlier material with which it was formerly graded, paved, «ewered, sidewalk- ed, or curbed; and that the cost of the same shall also be assessed upon the same district which is declared to be benefited by such changed or modified grade. One or more streets or blocks of streets may be embraced in the same ordinance or resolution. Such ordinance or resolution shall be published in the newspaper in which the official notices of the city council are usually printed and published; and such newspaper is to be designa- ted in such ordinance or resolution. Such publica- tion shall be made in every regular issue of such paper for not less than ten days, and shall de- scribe the proposed change or modification of grade or regrading, and shall designate and estab- lish the district to be benefited by such change or modification of grade or regrading, and to be assessed for the cost of the same. Within five days after the first publication of the ordinance or resolution of intention, the superintendent of streets shall cause to be conspicuously posted within the dis- trict designated in the ordinance or resolution, no- tice of the passage of said resolution. Said no- tices shall be the same in all requirements of con- tents and posting as the "Notices of street work" provided for in section three of the original act to which this is amendatory. If no objection to said proposed change or changes, or modifications of grade, shall be filed with the clerk of the coun- cil within thirty days from the first publication of the ordinance or resolution of intention hereinbe- fore mentioned, the city council shall have power to declare such grades to be changed and estab- lisiied in conformity to said ordinance or resolu- tion; provided, that no change of an established grade shall be ordered except on petition of the owners of a majority of the property affected by the proposed change of grade. [Amendment ap- proved March 9, 1893; Stats. 1893. p. 89.] Sec. 39. Within thirty days after the first pub- lication of said notice, any person owning prop- streets. 1151 erty fronting upon said portions of tlie street or streets where such change of grade is made, may file a petition with the clerk: of the city council showing the fact of such ownership, the descrip- tion and situation of the property claimed to be damaged, its marl^et value, and the estimated amount of damages over and above all benefits which the property would sustain by the propos- ed change if completed. Such petition shall be verified by the oath of the petitioners or their agents. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 40. Whenever such petition or peti- tions have been filed, the mayor, surveyor, and superintendent of streets of the city, or city and county, acting as a board of commissioners, shall assess the benefits, damages, and costs of the pro- posed change of grade upon each separate lot of land situated within such assessment district, as said lot appears of record upon the last city, or city and county assessment roll. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 41. The commissioners shall be sworn to make the assessments of benefits and damages to the best of their judgment and ability, without fear or favor. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 42. The commissioners shall have power to subpoena witnesses to appear before them to be examined under oath, which any one of said commissioners is authorized to adminis- ti'V. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 43. The commissioners having deter- mined the damage which would be sustained by each petitioner, in excess of all benefits, shall pro- ceed to assess the total amount thereof, together with the costs, charges, and expenses of the pro- ceedings, upon the several lots of land benefited within the district of assessment, so that each of the lots shall be assessed in accordance with its benefits caused by such work or improvement; and during the progress of their work shall make a report to such city council as often as it may 1152 Streets. be required. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 44. Tlie commissioners shall make their report, in writing, and shall subscribe to the same and file with the city council. In their said report they shall describe separately each piece of prop- erty which will sustain damiige, stating the amount of damages each will sustain over and above all benefits. They shall also give a brief description of each lot benefited within said assessment district, the name of the owner, if known, and the amount of benefits in excess of damages assessed against the same. In case the three commissioners do not agree, the award agreed upon by any two of them shall be sufficient. In designating the lots to be assessed, reference may be had to a diagram of the property in the district affected; such dia- gram to be attached to and made a part of the re- port of the commissioners. [Amendment approv- ed March 9, 1893; Stats. 1893, p. 89.] Section 45, If in any case the commissioners find that conflicting claims of title exist, or shall be in ignorance or doubt of the ownership of any lot or land, or any improvement thereon, or any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improve- ments, or particulars of their interest, shall not affect the validity of the assessment. On the fil- ing of said report, the clerk of said city council shall give notice of such filing by the publication of at least ten days in one or more daily news- papers published and circulated in said city; or if there be no daily newspaper, by three succes- sive issues in a weekly or semi-weekly news- paper so published and circulated; and said no- tice shall require all persons interested to show cause, if any, why such report should not be con- firmed, before the city council, on a day to be fix- ed by the city council and stated in said notice, which day shall not be less than twenty days from the first publication thereof. [Amendment approved March 9, 1893; Stats 1893, p. 89.] I streets. 1153 Section 46. All objections shall be in writing and filed with the clerk of the city council, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, before the council, which shall fix a time for hearing the same; of which time the clerk shall notify the objectors in the same manner as are notified objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned, the city coun- cil shall hear such objections ami pa>ss upon the same, and at such time shall proceed to pass upon such report, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given and had, as in the case of an original report. In case the ordinance or resolution of intention also provides for the as- sessing upon the district the cost of regrading or repaving such street or streets to such changed or modified grade, after the report of the commis- sioners as to the damages caused by such change of grade has been passed upon by the city coun- cil, it shall then advertise for bids to perform the work of regrading, repaving, sewering, sidewalk- ing, or curbing such street or streets with the same or other material with which the same had been formerly graded, paved, sewered, sidewalked, or curbed; first causing a notice, with specifica- tions, to be posted conspicuously for five days on or near the council chamber door, inviting sealed proposals for bids for doing such work, and shall also cause notices of said work, inviting said pro- posals and referring to the specifications posted or on file, to be published two days in a daily, semi-weekly, or weekly newspaper published and circulated in said city, and designated by the city council for that purpose, and in case there is no newspaper published in the city, then it shall be posted as provided in section three of the original act to which this is amendatory. All propos- als or bids offered shall be accompanied by a check, payable to the order of the mayor of the Gen. Laws — 97. 1154 Streets. city, and certified by a responsible bank for that amount, which shall not be less than ten per cent of the aggregate of the proposals; or by a bond for said amount, signed by the bidder and two sin-eties, who shall justify under oath in double said amount over and above all statutory exemp- tions. Said proposals or bids shall be delivered to the clerk of the said city council, and said council shall in open session, examine and public- ly declare the same; provided, however, that no proposal or bid shall be considered unless ac- companied by a check or a bond satisfactory to the council. The city council may reject any and all bids, and may award the contract to the low- est responsible bidder, which award shall be ap- proved by the mayor or the three-fourths vote of the city council. If not approved by the mayor or the three-fourths vote of the city council, the city council may readvertise for proposals or bids for the performance of the work, as in the first in- stance, and thereafter proceed in the manner in this section provided. All checks accompanying bids shall be held by the clerk until the bearer has entered into a contract, as herein provided; and in case he refuses so to do, then the amount of his certified check shall be declared forfeited to the city, and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted, and the amount thereon collected paid into such fund. Notice of the awards of the con- tracts shall be published and posted in the same manner as hereinbefore provided for the posting of proposals for said work. [Amendment approv- ed March 9, 1893; Stats. 1893, p. 89.] Section 47. After such contract has been award- ed and entered into, the clerk of the city council shall certify to the city council that fact, togeth- er with the total amount of the cost of the same, whereupon the city council shall cause to be for- warded to the commissioners a copy of such cer- tificate; whereupon such commissioners shall pro- ceed to assess the cost of doing such work upon all the lots and land lying within the district to streets. 1155 be assessed, distributing- the same so that each lot will be assessed for its proportion of the same, ac- cording to the benefits it receives from the worlc, and in the same manner in which the damages caused by the change of grade were assessed up- on the same. Such commissioners, m making such assessment, shall show the total amount for which each lot or tract is assessed, in excess of all benefits, for the total cost of changing and modifying the grade of the street, as well as the regrading, repaying, sewering, sidewalking. and curbing of the same, and costs or damages con- nected therewith. The provisions of the act to which this is amendatory in regard to the mode or manner of the assessment of the cost of such work shall not apply to the work herein contem- ]>lated; neither shall the provisions of the same in regard to the issuing of bonds to represent the cost of the same, nor the provisions In regard to tlie right of protest against the work. fAmend- ir.ent approved Mai'ch 9, 1893; Stats. 1893, p. 89.] Section 48. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat, as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll, the cost of which shall be provided for by the commissioners, as a portion of the cost of the proceedings therein. Immedi- ately upon receipt thereof by the street superin- tendent, the assessment therein contained shall become due and payable, and shall be a lien up- on all the property contained or described therein. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] Section 49. The superintendent of streets shall thereupon give notice, by publication for ten days in one or more daily newspapers published and circulated in said city, or city and county, or two successive insertions in a weekly or semi- weekly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assess- X156 Streets. ment roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also contain a statement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of such de- advertising each delinquent assessment, will be linquent assessments together with the cost of added thereto. When payment of any assessment is made to said superintendent of streets, he shall write the word "paid" and the date of payment opposite the respective assessment so paid, and the name of the persons by or for whom said as- sessment is paid, and shall give a receipt therefor. On the expiration of said thirty days, all assess- ments then unpaid shall be and become delin- quent, and said superintendent of streets shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assessment so delinquent. The said superin- tendent of streets shall, within five days from the date of such delinquency, proceed to advertise the various sums delinquent, and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land separately assessed, by the sale of the assessed property in the same man- ner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of such sale herein provided for, no assessment shall be re- ceived, unless at the same time the five per cent added to as aforesaid, together with the costs of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments, with a notice of the time and place of sale of the property affected thereby, shall be published daily for five days, in one or more daily news- papers published and circulated in such city, or by at least two insertions in a weelily newspaper so published and circulated before the day of sale streets. 1157 for such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent a!=;sess- ment list, and the place must be in or in front ol' the office of said superintendent of streets. All property sold shall be subject to redemption for one year, and in the same manner as in sales for delinquent state and county taxes; and the super- intendent of streets shall, if there is no redemp- tion, make and deliver to the purchaser at such sale a deed conveying the property sold, and may collect for each certificate fifty cents, and for each deed one dollar. All provisions of the law in ref- erence to the sale and redemption of property for delinquent state and county taxes, in force at any given time, shall also then, as far as the same are not in conflict with the provisions of this act, be applicable to the sale and redemption of prop- erty for delinquent assessments hereunder, in- cluding the issuance of certificates and execution of deeds. The deed of the street superintendent, made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder, and of title in the grantee. The superintendent of streets shall from time to time pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon re- ceipt thereof, place the same in a separate fund, designating each fund by the name of the street, square, lane, alley, court, or place for the change of grade for which the assessment was made. Payments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners or a majority of them. [Amend- ment approved March 9, 1893; Stats. 1893, p. 89. Section 50. When suffi'cient money is in the hands of the city treasurer, in the fund voted for the proposed Avork or improvement, to pay the to- tal cost for damages, as well as for the cost of doing the work, and all other expenses connected therewith, it shall be the duty of the commission- ers to notify the owner, possessor, or occupant of 1158 Streets. the premises damaged, and to "whom damages have been awarded, that a warrant has been dravv'n tor the payment of the same, which can be received at the otfi'ce of such commissioners. Such notification may be made by depositing a no- tice, postage paid, in the postoffl'ce, addressed to his last known place of residence. If, after the expiration of three days after the service or de- posit of the notice in the postofR'ce, he shall not have applied for such warrant, the same shall be drawn and deposited with the city treasurer, to be delivered to him upon demand. [Amendment approved March 9, 1S93; Stats. 1893, p. 89.] Sec. 51. If the owner of any premises damaged neglects or refuses, for ten days after the war- rant has been placed in the hands- of the city treasurer, subject to his demand, to accept the same, the city council may cause proceedings to be commenced, in the name of the city, to con- demn said premises, as provided by law under the riglit of eminent domain. The ordinance or reso- lution of intention shall be conclusive evidence of the necessity of the same. Such proceedings shall have precedence, so far as tne business of the court will permit, and any judgment for dam* ages therein rendered shall be payable out of the special fund in the treasury for that puii^ose. At any time after the trial and judgment entered, or pending appeal, the court may order the city treasurer to set apart in the city treasury a sufli^ cient sum from said fund to answer the judgment, and thereupon may authorize or order the munici- pality to proceed with the proposed work or im- provements. In case of a deficiency in said fund to pay the whole nssessed judgment and damages, the city council may, in its discretion, order the balance thereof to be paid out of the general fund of the treasury, or to be distributed by the com- missioners over the property assessed by a supple- mentary assessment, but in the last named case, in order to avoid delay, the city council may ad- vance such balance out of any available fund in the treasury, and reimburse the same from the streets. 1159 collection of assessments. The treasurer shall pay such ^-arrants in the order of their presenta- tion; provided, that warrants for dnmaues and for costs of performing- the work shall have priority over warrants for charges and expenses, and the treasurer shall see that suffi'cient money remains in the fund to pay all warrants of the first class before paying any of the second. The provisions of section one thousand two hundred and fifty- one of the Code of Civil Procedure, requiring the payment of damages within thirty days after the entry of judgment, shall not apply to damages ren- dered in proceedings under this act. [Amend-- inent approved March 9, 1893; Stats. 1893, p. 89.] Sec. 52. All other provisions contained in the act to which this is amendatory, and which pro- visions are not in conflict herewith, shall apply to all matters herein contained. All proceedings in any work or improvement, such as is provided for in this act, already commenced and now in progress under another act now in force, or by virtue of an ordinance or resolution of intention heretofore passed, may, from any stage of such proceedings already commenced and now in pro- gTess, be continued under this act by resolution of the city council. The said work or improve- ment may then be conducted under the provisions of this act, with full force and efTect in all re- spects from the stage of such proceedings at and from which such resolution or ordinance shall de- clare the intention to have such work done or im- provement cease under such other acts or ordi- nances and continued under this act; and from such election so made all proceedings theretofore had are hereby ratified, confirmed, and made valid, and it shall be unnecessary to renew or con- duct over again any proceedings prior to tlie pass- age of this act. [Amendment approved ]March 9, 1893; Stats. 1893, p. 89.] Section 53. The provisions of this act shall be liberally construed to permit the objects thereof. [Amendment approved March 9, 1893; Stats. 1893, p. 89.] 1160 Streets. •^ Au act to provide for laying out, opening, extend- ing, widening, straightening, diverging, curv- ing, contracting, or closing up, in whole or in rs. >■ part, any street, square, lane, alley, court, or 'A; place within municipalities or cities and cities and counties of forty thousand inhabitants or over, and to condemn and acquire any and all land and property necessary or convenient for that purpose. [Approved March 23, 1893; Stats. 1893, p. 220.] Section 1. Be it enacted: Whenever the public interest or convenience may require, the city council of any municipality or cities and cities and counties, containing over forty thousand in- \ habitants, shall have full power to order, and ^^!L^ upon the petition of the owners of a majority of ^* tlie frontage to be taken for said purpose shall or- der, the opening, extending, widening, straighten- ing, diverging, curving, contracting, or closing up, in whole or in part, of any street, square, lane, alley, court, or place within the bounds of such ^' - city, and shall condemn and acquire any and all V lands necessary or convenient for that purpose. "^ Sec. 2. Before ordering any work to be done or improvement made, which is authorized by sec- tion one of this act, the city council shall then "^ pass a resolution declaring the intention to do V said work, describing the work or improvement, V and the land deemed necessary to be taken there- for, and specifying the exterior boundaries of the district of land to be affected or benefited by said work or improvement, and be assessed to pay the damages, cost, and expense thereof. Sec. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work or improvement, and not more than three hundred feet in distance apart, but not less than three in all, notices of the pas- sage of said resolution. Said notice shall be headed, "Notice of Public Work," in letters not less tlian one inch in length, shall be in legible -^X characters, state the fact of the passage of the .jJT'^ resolution, its date, and, briefly, the work of im- N- provement proposed, and refer to the resolution ^ for further particulars. He shall also cause a no- streets. 1101 tice similar in substance to be published for a period of ten days in one or more daily newspa- pers published and circulated in said city, and designated by said city council; or if there is no daily newspapei- so published and circulated in said city, then by four successive insertions in a weekly or semi-weekly newspaper so published, circulated, and designated. Sec. 4. Any person through whose lands said proposed street extension runs, or who will be damaged or affected by said proposed work, may, Avithin ten days after the first publication of said notice, file with the clerk of the city council his Avritten objections thereto, stating in what man- ner and to what extent he will be damaged, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and at the next meeting of the city council, after the expiration of said ten days, lay said objections before said city council, Vi'hich shall fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice of said city, postage prepaid, addressed CO such objector. Sec. 5. At the time specified, or to which the hearing may be adjourned, the city council shall hear the objections filed, and if the owners of a majority of the frontage of all lands to be as- sessed for benefits, as said owners appear on the last preceding annual assessment roll for state and county taxes, object, in writing, to said pro- posed opening, extending, and w^idening, straight- ening, diverging, curving, contracting, or closing up of said street, said city council shall sustain said objections, and all proceedings therefor shall be stopped for the period of twelve months. Pro- ceedings may be again commenced by a new reso- lution of intention. If the owners of a majority of the frontage of all streets within the assessment district do not object, in writ- ing, thereto, within the time specified in this act, the city council shall be deem- ed to have acquired jurisdiction to order any of the work to be done or improvements to be made which is authorized by section one of this act. 1162 Streets. Sec. 6. Having acquired jurisdiction, as pro- vided in the preceding section, the city council shall order said work to be done, and, unless the proposed worls; is for closing up, and it appears that no assessment is necessary, shall appoint three disinterested persons, who shall constitute a board of commissioners in that regard, who shall have full supervision of the proposed worlv or im- provement until the completion thereof in com- pliance with this statute. For their services they shall each receive, us compensation, not to exceed five dollars for every day of actual service; pro- vided, that said compensation shall not be paid for a longer term than six months for ench dis- trict, unless extended by the council. Such ex- tension shall not exceed two mouths at one time, nor shall the term of ottice of said commissioners, for any district, continue for longer than one year. Such compensation shall be added to and be chargeable as a part of the expenses of the work or improvement. Each of said commissioners shall file with the clerk of the city council an affidavit and a bond to the state of California, in the sum of five thousand dollars, to faithfully perform the duties of his office. The city council may at any time remove any or all of said commissioners for cause upon reasonable notice and hearing, and may till any vacancies occurring among them for any cause. At the end of the terms of said com- missioners, they shall hand over all unfinished business to the city council, who shall complete the same. In all municipalities where there is a board of public works, such board shall consti- tute the board of commissioners in this section provided for, and shall perform the duties of such commissioners, and their salaries as members of the board of public works shall be in full compen- sation for such services. It shall be the official duty of the city attorney to render said commis- sioners all necessary legal services; provided, that the city surveyor shall, for any work or services which he may perform by the direction of the common council or other legislative department of the city government, receive, in addition to his salary allowed by law, all sums which he may lay out, pay out, or expend in the prosecution of said work, for materials or labor necessarily therein by him employed. streets. 11G3 Sec. 7. Said commissioners shall have an office assigned to them by the city council, in the city hall, and shall have power to employ a secretary, at a salary not to exceed one hundred and fifty dollars per month, and such other clerical assist- ance as shall be provided them by the city coun- cil, the salaries and fees of whom shall be estab- lished and fixed by said city council. Sec. 8. All such charges and expenses shall be deemed as expenses of said work of improvement, and be a charge only upon the funds devoted to the particular work or improvement as provided hereinafter. All payments, as well for the land and improvements taken or damaged, and for the charges and expenses, shall be paid by the city treasurer, upon warrants drawn upon said fund from time to time, signed by said commissioners, or a majority of them. All such warrants shall state whether they are issued for land or improve- ment* taken or damaged, or for charges and ex- penses, and that the demand is only payable out of the money in said fund, and in no event shall the city be liable for the failure to collect any as- sessment made by virtue hereof, nor shall said warrant be payable out of any other fund, nor a claim against the city. Sec. 9. Said commissioners shall proceed to view the lands described in the resolution of in- tention, and may examine witnesses on oath, to be administered by any of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all diligence to determine the value of the land, and the damage to improve- ment and property affected, and also the amount of the expenses incident to said work or improve- ment, and. having determined the same, shall pro- ceed to assess the same upon the lands described in said district herein provided. The lands front- ing on said extension or widening shall only be assessed to the depth of one hundred and twenty feet, or the full depth of the lots, not exceeding one hundred and fifty feet; and said lands shall be assessed with reference to the amount of grad- ing to be done, and their location on the grades of said street or improvement; and the expenses of grading said lots or lands, whether filling or 11C4 Streets. cutting sliall be necessary to place them on the grade of said street or improvement, shall be esti- mated in determining the value of the land, and the damage to the improvement and property af- fected. Sec. 10. Said commissioners, having made their assessment of benehts and damage, shall, with all diligence, make a written report thereof, to the city council, and shall accompany their report with a plat showing the land talien, or about to be taken, for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot, or portion of lot, and its dimensions, so far as the commissioners can rea- sonably^ ascertain the same. Each block and lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appro- priate number, and a reference to it by such de- scriptive number shall be a sufficient descrip- tion of it in any suit entered to condemn and in all respects. When the report and plat are ap- proved by the city council, a copy of said plat, ap- propriately designated, shall be filed by the clerk thereof in the office of the recorder of the county. Sec. 11. Said report shall specify each lot, sub- division, or piece of property taken or injured by the widening or other improvement, or assessed therefor, together with the name of the owner or claimant thereof, or of persons interested therein as lessees, encumbrancers, or otherwise, so far as the same are l^nowu to such commissioners, and the particulars of their interests, so far as the same can be ascertained, and the amount of value or damage, or the amount assessed, as the case may be. Sec. 12. If in any case the commissioners find conflicting claims of title exist, or shdll be in ig- norance or doubt as to the ownership of any lot of land, or of any improvements thereon, or any in- terest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or the condemna- tion of the property to be taken. See. 18. Said report and plat shall be filed in the clerk's office of the city council, and thereupon Streets. 1165 the clerk of said city council shall give notice of such filing by publication for at least ten days in one or more daily newspapers published and cir- culated in said city; or if there be no daily news- paper, by three successive insertions in a weekly or semi-weekly newspaper so published and circu- lated. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the city council, on or before a day fixed by the clerk tliereof, and stated in said notice, which day shall be not less than thirty days from the first publication thereof. Sec. 14. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the next meeting after the day fixed in the no- tice to show cause, lay the said objections, if any, before the city council, which shall fix a time for hearing the same, of which the clerk shall notify the objectors in Liie same manner as oDjectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned to, the city council shall hear such ob- jections and pass upon the same; and at such time, or if there be no objections at the first meet- ing after the day ^^et in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, cor- rect or modify, or may sustain the objections thereto and order the commissioners to make a new report, assessment, and plat, which in either case shall be filed, and notice given and hearing had, as in the case of the original report; but no report, or plat, or assessment shall be filed by said commissioners after the expiration of ten months after their appointment. Sec. 15. The clerk of said city council shall for^ ward to the street superintendent of the city a certified copy of the report, assessment, and plat as finally confirmed and adopted by the city coun- cil. Such certified copy shall thereupon be the assessment roll, and thirty days after such filing shall become a lien on the property assessed there- in, for its proportion of the costs of said improve- ment, as hereinbefore provided. Sec. 16. The superintendent of streets shall thereupon give notice by publication for ten days Gen. Laws— 98. 1166 Streets. I in two daily newspapers published and circu- lated in said city and county, or by two successive insertions in a weekly or semi-weelily newspaper so published and circulated, that he nas received said assessment roll, and that all sums levied and assessed in said assessment roll are due and pay- able immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said no- tice. Said notice shall also contain a statement that all assessments not paid before the expira- tion of said thirty days will be declared to be de- linquent, and that thereafter the sum of five per cent, upon the amount of each delinquent assess- ment, together with the cost of advertising each delinquent assessment, will be added thereto. When payment of any assessment is made to said superintendent of streets, he shall write the word "'paid" and the date of payment opposite the respective assessments so paid, and the names of persons by or for whom said assessment is paid, and sliall, if so required, give a receipt there- for. On the expiration of said thirty days, all as- sessments then unpaid shall be and become delin- quent, and said superintendent of streets shall certify such fact at the foot of said assessment roll, and shall add five per cent, to the amount of each assessment so delinquent. The said su- perintendent of streets shall, within five days from the date of said delinquency, proceed to ad- vertise and collect the various sums delinquent and the whole thereof, including the cost of ad- vertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land sep- arately assessed, by the sale of the assessed prop- erty in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of said sale herein provided for, no assess- ment shall be received unless at the time the five per cent, added thereto, as aforesaid, together with the cost of advertising then already incurred, shall be paid tlierewith. Said list of delinquent assessments shall be published daily for five days in one or more daily newspapers published and circulated in such city, or by at least one insertion in a weekly newspaper so published and circu- streets. 1167 lated, before the clay of sale of such dolinqiient Mssessment. Said time of sale must not be less than seven days from the date of the first publica- tion of said delinqumt assessment list, and the ])lace must be in or in front of the office of said superintendent of streets. All property sold sliall be subject to redemption in the same time and manner as in sales for delinquent state and jounty taxes; and the superintendent of streets may collect for each certificate lifty cents, and for each deed one dollar. All provisions of tlie law in reference to the sale and redemption of ])roperty for delinquent state and county taxes in force at any given time shall also then, so far as the same are not in conflict with the provisions of this act.be applicable to the ^^ale and 'redemption of property for delinquent assessments hereunder, including the issuance of certificates and the execution of deeds. The deed of the street superintendent made after such sales, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder and of title in the grantee. It shall be conclusive evidence of the aecessity of taking or damaging the lands taken or damaged, and of the correctness of the compen- sation awarded therefor. The superintendent of streets shall, from time to time, pay over to the city treasurer all moneys collected by him on ac- count of any such assessments. The city treas- urer shall, upon receipt thereof, place tlie same in a separate fund, designating such fund by the name of the street, square, lane, alley, court, or place for the widening, opening, or other improve- ment of which the assessment was made. Pay- ments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners, or a majority of them. Sec. 17. When i^ufficient money is in the hands of the city treasurer, in the fund devoted to tlie proposed work or improvement, to pay for the land or improvements taken or damaged, and when, in the discretion of the commissioners, or a majority of them, the time shall have come to make payments, it stiall be the duty of the com- missioners to notify the owner, possessor, or oc- cupant of any land or improvements thereon to whom damages shall have been awarded that a 11(58 Streets. warrant has been drawn for the payment of the same, and that he can receive such warrant at the office of such commissioners, upon tendering a con- veyance of any propei'ty to be tak^n; such a noti- fication, except in the case of unknown owners, to be made by depositin.i;- a notice, postage paid, in the postofhce, addressed to his last known place of abode or residence. If, at the expiration of thirty days after the deposit of such notice, he should not have applied for such warrant and tendered a conveyance of the land to be taken, the warrant so drawn shall be deposited with the county treasurer, and shall be delivered to such owner, possessor, or 0{ cupant, upon tendering a conveyance as afores>iid, unless judgment of con- demnation shall be had, when the same shall be canceled. Sec. 18. If any owner of land to be taken neg- lects or refuses to accept the warrant drawn in his favor, as aforesaid, or objects to the report as to the necessity of taking his land, the com- missioners, with the approval of the city council, may cause proceedings to be taken for the con- demnation thereof, as provided by law under the right of eminent domain. The complaint may aver that it is necessary for the city to take or damage or condemn the said lands, or an ease- ment therein, as the case may be, without setting forth the proceedings herein provided for, and the resolution and ordinance ordering said work to be done shall be oonclusive evidence of such ne- cessity. Such proceedings shall be brought in the name of the municipalit j , and have precedence, so far as the business of the court will permit; and any judgment for damages therein rendered shall be payable out of such portion of the special fund as may remain in the treasury, so far as the same can be applied. At any time after trial and judgment entered, or preceding an appeal, the "coui't may order the city treasurer to set apart in the city treasury a sufficient sum from the fund appropriated to the particular improvement, to answer the judgment and all damages, and there- upon may authorize and order the municipality to enter upon the land and proceed with the pro- posed work and improvement. In case of a de- ficiency in said fund to pay the whole of said streets. 1169 judgment and damages, the city council shall or- der the balance thereof to be paid out of the general fund of the treasury. Sec. 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for land or improvements fallen or damaged shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before pay- ing any of the second. Sec. 20. If any title attempted to be acquired by virtue of this act shall be found to be defective from any cause, the city council may again insti- tute proceedings to acquire the land as in this act provided, or otherwise, or may authorize the com- missioners to purchase the same, and include the cost thereof in a supplementary assessment, as provided in the last section. Sec, 21, 1. The words "worlv" and "improve- ment," as used in this act, shall include all work mentioned in section one of this act, 2. In case there is no daily or weekly or semi- weekly newspaper printed and circulated in the city, then such notices as are herein required ta be published in a newspaper shall be posted and kept posted for the length of time required herein for the publication of the same in a weekly news- paper, in three of the most public places in such city. Proof of the publication of posting of any notice provided for herein shall be made by affi- davit of the owner, publisher, or clerk of the newspaper, or of the poster of the notice, 3. The word "municipality" and the M^ord "city" shall be understood and so construed as ta Include all corporati .»ns heretofore organized and now existing, or hereaftei organized, for munici- pal purposes, 4. The term "street superintendent" and "su- perintendent of streers," as used in this act, shall be understood and so construed as to include, and are hereby declared to include, any person or offi- cer whose duty it is, under the law, to have the care or charge of the stieets, or the improvement thereof, in any city. In all those cities where there is no street superintendent or superintend- 1170 Streets. eut of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the dtities herein laid down as those of street superintendent or superintendent of streets, and all the provisions hereof applicable to the street superintendent or superintendent of streets shall apply to such persons so appointed. 5. The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the govern- ment of any city. 6. The term "clerk" and "city clerk," as used in this act, is hereby declared to include any per- son or officer who shall bo clerk of said city coun- cil. 7. The term "treasurer" or "city treasurer," as used in this act, shill include any person or offi- cer who shall have charge and make payment of the city funds. Sec. 22. The mayor, tax collector, and city or city and county attorney as the case may be, of all municipalities wherein there is existing at the passage of this act any commission appointed for the opening, extending, or widening of streets un- der the provision of said act of March sixth, eighteen hundred and eighty-nine, and which com- mission is not within the proviso of section twenty-three of this act. are hereby constituted a board of audit, whose duty it shall be, upon peti- tion of said commission, to carefully examine all tiie accounts, bills, and expenditures, made or con- tracted for by said commission, including the salaries of the said conjmissioners; and said board of audit, or a majority of its members, is hereby authorized to audit and allow such amounts as it shall find to be just and reasonable, and report said amounts, with the items thereof and to vs'hom payable, to t}ie city council. Said report shall be final and conclusive as to said amounts. The city council is authorized to pass and allow and order paid to each of the persons entitled thereto, the amounts so found to be due, in the same manner as clai>ns and demands against such municipality are passed, allowed, and ordered paid. The payment of said amounts shall be pro- vided for in the tax levy next thereafter made by said city council, and when said taxes are collect- streets. 1171 ed the said amounts shall be paiu out of the gen- eral fund of said, munieipalitj- in the same man- ner as other claims and demands are paid. Sec. 23. The act approved March sixth, eii>-hteen hundred and eighty-nine, entitled "An act for opening, wid<.ming, and extending streets," etc., after the passage of this act, shall not apply to any city or city and county having a population of forty thousand inhabitants or over; but as to any city or city and cot utj'' having a population of forty thousand or over said act shall not apply; ]>ut said cities and citier and counties shall be subject only to the provisions of this act in all matters embraced within the purview of this' act; provided, however, that the present city council or other governing body of any municipality of forty thousand inhabitants or over shall have iMjwer, by a three-fourths vote of its members, to extend the life of any existing commission uniil its work shall have been completed as in said act provided; but in all other cases in cities or cities and counties of forty thousand inhabitants or over, the assessments, plats, and reports filed by said commissioners are declared to be null and ^'oid, and all moneys collected under the i)rovis- ions of said act shall be refunded to the persons from whom the same were collected, in the same manner as taxes which have been twice collected, and the said commissioners are hereby removed from office; provided further, however, that in case of the lands necessary to widen or open any street, there shall have been actually purchased and conveyed to the municipality, unaer the pro- visions of said act of March sixth, eighteen hun- dred and eighty-nine, mere than one-half of the land necessary 'for said improvements, as shown by the report and plat on file, then said streets, and the improvement thereof, shall not be af- fected by this act, but the same shaii be com- pleted as commenced. Sec. 24. This act shall be liberally construed, to promote the objects thereof. This act shall take effect and be in force from the time of its passage. 1172 Streets. An act to provide a system of street improyemeut bonds to represent certain assessments for the cost of street work and improvement v^^ithin municipalities, and also for the pay- ment of such bonds. [Approved February 27, 1893; Stats. 1893, p. 33.] Section 1. Wherever in this act the phrase "street-work act" is used, it means, and shall be taken to mean, the act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for construction of sewers within municipalities," approved March eight- eenth, eighteen hundred and eighty-five, and all acts amendatory thereof or supplementary there- to; and wherever m this act the name of any mu- nicipal body or ofliccr is used, or any word or phrase is used which is not herein expressly de- fined, it means and shall be taken to mean such municipal body or officer, or word or phrase, as the same is expressly defined in said street-work act, and in all acts amendatory thereof or supple- mentary thereto. Sec. 2. Whenever the city council of any muni- cipality in this state shall find, upon estimates of the city engineer, that the cost of any proposed work or improvement authorized by said street- work act will be greater than one dollar per front foot along each line of the street so pronosed to be improved, including the cos,t of mtersection work assessable upon said frontage, it shall have the poAver, in its discretion, to determine that serial bonds shall be issued to represent the cost of said work or improvement, in the manner and form hereinafter provided. Said serial bonds shall extend over a period not to exceed ten years from their date, and an even annual proportion of .the principal sum thereof shall be payable, by coupon, on the second day of January every year after their date, until the whole is paid, and the interest shall be payable semi-annually, by cou- pon, on the second days of January and July, re- spectively, of each year, at the rate of not to ex- ceed ten per cent, per ai num on all sums unpaid, until the whole of said principal and interest are streets. 1173 paid. Said bonds aud interest tliereou shall be paid at tlie office of the city treasurer of said mu- nicipality, who shall keep a fund designated by the name of said bonds, into which he shall re- ceive all sums paid him for tlie principal of said bonds and the interest thereon, and from which he shall disburse sucli sums, upon the presenta- tion of said coupons; and under no circumstances shall said bonds or the interest thereon be paid out of any other fund. Said city treasurer shall l:eep a register in his office, which shall show the series, number, date, amount^ rate of interest, payee and indorsees of each bond, and tlie number and amount of each coupon of principal or inter- est paid by him, and shall cancel and file each coupon so paid. Sec. 3. When said city council shall determine that serial bonds shall be issued to represent the expenses of any proposed worlv or improvement under said streetwork act, it shall so declare in tlie resolution of intention to do said work, and shall specify the rate of interest which they shall bear. The like description of said bonds shall be in- serted in the resolution ordering the work, in the •resolution of award, and in all notices of said pro- ceedings required by said street-work act to be either posted or published; and also a notice that a bond will issue -o represent each assessment of fifty dollars or more reij:aining unpaid for thirty days after the date of the warrant, or five days after the decision of said council upon an appeal, and describing the bonds, shall be included in the warrant provided for in section nine of said street-work act. Sec. 4. After the full expiration of thirty days from the date of the warrant, or if an appeal be taken to the city council, as provided in section eleven of said street-work act, then five days af- ter the final decision of said council, and after the street superintendent shall have recorded the re- turn, as provided in section ten of the same act, the street superintendent shall make and certify to the city treasurer a complete list of all assess- ments unpaid, which amount to fifty dollars or over, upon any assessment or diagram number; and said treasurer shall thereupon make out, sign, and issue to the contractor, or his assigns, payee 1174 Streets. of the waiTaut and assessment, a separate bond, representing upon each lot or parcel of land upon said list the total amount of the assessments against the same, as thereon shown. And if said lot or parcel of land is dei~cribed upon said assess- ment and diagram by its number or block, or both, and is also designated b.v its numlier or block, or both, upon the official map of said mu- nicipality, or upon any map on file in the office of the county recorder of the county in which said municipality is situated, then it shall be in said bond a sufficient description of said lot or parcel of land to designate it by said number or block, or both, as it appears on said official or recorded map. Said bond shall be substantially in the fol- lowing form: Series (designating it), in the city (oT other form of the municipality) of (naming it). $ !100. NO. . Under and by virtue of an act of the legislature of the state of California (title of this act), I, out of the fund for the above designated street im- provement bonds, series , will pay to , or order, the sum of ($ ), with interest at the rate of per cent, per annum, all as is herein- after specified, and at the office of the treas- urer of the of , state of California. This bond is issued to represent the cost of certain street work upon , in the of , as the same is more fully described in the assessment number , issued by the street superintendent of said , after his acceptance of said work, and recorded in his office. Its amount is the amount assessed in said assessment against the lot or parcel of land numberea therein, and in the diagram attached thereto, as number , and which now remains unpaid, but until paid, with accrued interest, is a first lien upon the property affected thereby, as the same is described her -in, and in said recorded assessment with ics diagram, to wit, the lot or parcel of lanu in said of , county of , state of California, . This bond is payable exclusively from said fund, and neither the municipality nor any oflicer thereof is to be holden for payment otherwise of its principal or interest. The term of this bond is years from its date, and at the expiration streets. 1175 of said time tlie wliole sum tlieo impaid shall be due and payable; but on tJie second day of Janu- ary of each year after its date an even annual pro- portion of its whole amount is due and payable, upon presentation of the coupon therefor/ until the whole is paid, with all accrued interest at the rate of per centum per annum. The Interest is payable semi-annually, to wit, on the second days of January and of July in each year here- after, upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the in- terest coupons are for semi-annual interest, ex- cept the last, which is for interest from the semi- annual payment next preceding and to the date of the final maturity of this bond. Should default be made in the annual payment upon the princi- pal, or in payment of interest from the owner of said lot or parcel of land, or any one in his be- half, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and to have said lot or parcel of land advertised and sold forthwith, in the manner provided by law for sale of land assessed for state and county taxes delinquent in the payment tnereof. At said of , this • day of , in the year one thousand hundred and . City treasurer of the of . Provided, that in case the amount of unpaid as- sessments upon any lot or parcel of land shall be less than fifty dollars, then the same shall be col- lected as is hereinbefore provided in part one of said street-work act. Provided, also, that if any person, or his author- ized agent, shall at any time before the issuance of the bond for said assessments upon his lot or parcel of land present to the city treasurer his atfidavit, made before a competent officer, that he is the owner of a lot or parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, and with such affidavit and certificate such person notifies said treasurer in writing that he desires no bond to be issued for the assessments upon said lot or parcel of land, then no such bond shall be issued therefor, and the payee of the warrant, or his as- 1176 Streets. signs, shall retain his right for enforcing collec- tion as if said lot or parcel of land had not been so listed by the street superintendent. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is hereinbefore described, and shall bear interest at the rate specified in the reso- lution of intention to do said work. They shan have annual coupons attached thereto, payable in annual order, on the second day of January in each year after the date of the bond, until all are paid, and each coupon shall be for an even annual proportion of the principal of the bond. They shall have semi-annual interest coupons thereto attached, the first of which shall be payable upon the second day of January or July, as the case may be, next after its date, and shall be for the interest accrued at that time, and the last of which shall be for the amount of interest accru- ing from the second day of January or July, as the case may be, next preceding the maturity of said bonds to the maturity thereof. The city treasurer shall, in addition to his other duties in the premises, report all coupon pay- ments of principal upon said bonds to the street superintendent, who shall forthwith indorse the same upon tlie margin of the record of the assessment to the credit of which the same is paid, and said assessment shall be a first lien upon the property affected thereby until the bond issued for the payment thereof, and the accrued interest thereon, shall be fully paid. Said bonds, by their issuance, shall be conclusive evidence of the regularity of all proceedings thereto under said street-work act and this act, previous to the making of the certified list of all assessments un- paid to the amount of fifty dollars or over by the street superintendent, to tlie city treasurer, and of the validity of said lien, up to the date of said list. Sec. 5. Whenever, through the default of the owner of any lot or parcel of land to represent the assessment upon wliich such bond has been issued, any payment, either upon the principal or of the interest, shall not be made when the same is due, and the holder of the bond there- upon demands, in writing, that the said city treas- urer proceed to advertise and sell said lot or parcel of land, as herein provided, then the whole bond, Streets. J1T7 or its impaid remainder, with its accrued interest, sliall become due and paj-able immediately-, and on tlie day following shall become delinquent; and the city treasurer shall have, and shall act thereafter with, all the powers and duties of the tax collector in the collection of unpaid state and county taxes, and shall forthwith proceed to ad- vertise and sell said lot or parcel of land by pro- ceedings in all respects the same as are provided by law for the collection of delinquent state and county taxes. All such provisions and proceed- ings, after taxes have become delinquent, includ- ing the certificate of sale, the right of redemption, and the deed, with the respective costs thereof, are hereby made applicable to this case. Sec, 6. Whenever any railroad track or tracks of any description exists upon any street or streets on which the city council has ordered work to be done or improvements made, excepting therefrom such portions as is required by law to be kept in order or repair by any person or company hav- ing railroad tracks thereon, the said council may, at any time thereafter, order such person or com- pany to perform upon said excepted portion the work or improvements, similar in all respects to tliat already ordered to be performed under the same specifications and superintendence, with the same materials, within the same time, and to the like satisfaction and acceptance. Thereupon it shall be the duty of the clerk of said council to deliver immediately a copy of such order, certified by him, to such person or companj-, and to make and preserve in his office a certificate of such de- livery, its date, and upon whom made. Should such person or company, for thirty days, or within such extension of time as the city council may grant, thereafter refuse or neglect to make or have made such work or improvement in the manner or time ordered, it shall be the duty of the city coun- cil to have such work or improvement performed, and such refusal or neglect punished in the man- ner provided by law. Within fifteen days after re- ceiving the certified copy of said order, such per- son or company may file with the clerk of said council a written assumption of the performance of said work or improvement, according to the or- der, or a request to the council to have such work Gen. Laws— 99. 1178 Streets. or improvement performed, for and at the expense of such person or company, in the manner herein provided. The failure to file such instrument within said time shall be taken and deemed to be Si refusal to comply with the order. Upon recep- tion of said assumption of direct performance of said work or improvement, the city council shall take no further proceedings in the matter, unless such person or company neglects or fails for thir- ty days, or such further time as the council rday gTant, to comply with the provisions of the order. But if such person or company files the said re- quest that the said council have such work or im- provement performed, or fails to perform said work within thirty days, or within such further time as the council may grant, then said city coun- cil may pass an ordinance of intention to perform said work, which ordinance shall specify the work to be performed, and a statement that unless with- in thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or the street superintendent of said city shall issue bonds to represent the cost of said work, stating also that the cost of said work, in case bonds shall issue, shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same shall bear. The subsequent procedure shall be as provided by the "street-work act." A similar statement shall also be incorporated in all notices required to be posted or published by the pro- visions of the "street-work act"; also in the ordi- nance or resolution ordering the work, advertise- ment for proposals, and in tlie contract. When- ever the person or company owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, the street superintendent shall issue to the con- tractor, or his assigns, bonds for the amount of such cost, which shall describe the franchise, tracks, and road-bed along or between whicli said worli has been performed, and describing the same as upon the assessment and diagram, giving its assessment number. Such bonds shall also de- streets. 1179 scribe the work performed, giving the total amount of the cost of such work, the name of the owner of said railroad, tlie number of install- ments in which the cost of the work is to bo paid, and the rate of interest which the deferred pay- ments shall bear. Said bonds sliall be in sums of not less than one hundred dollars or more than one thousand dollars, and shall recite that the total amount of the cost of such work, together with the interest thereon, as represented in said bonds, is, except state, county, and municipal taxes, a first lien upon all the track, road-bed, switches, and franchises of said railroad lying within the corporate limits of the city or to^vn, on any part of which said work has been performed. Said street superintendent shall also keep a record of such bonds, as required by section eigh- teen of the "street-work act." Whenever bonds have been issued, as herein provided, the same, together with the cost of such work and the in- terest thereon, shall be, except state, county, or municipal taxes, a first lien upon all the tracks, road-beds, switches, and franchises of said rail- road within the corporate limits of the city or town, on any part of which said work has been performed. Sections four and five of this act, re- garding the form, issuance, and foreclosure of street bonds, and the sale of property described therein, shall apply hereto, except that the work required to be performed by the treasurer by said sections shall be performed by the street superintendent, in so far as the bonds for the pav- ing of railroads are concerned. None of the pro- visions of the "street-worli act" in regard to a protest against the work shall apply to any work contemplated by this section. All provisions of the "street-work act" not inconsistent with the pro- visions hereof shall apply hereto. Sec. 7. The term "city treasurer," as used in this act, shall be held to mean and include any person who, under whatever name or title, is the custodian of the funds of the municipality. Sec. 8. The act entitled "An act to amend an act entitled 'An act to provide for work upon streets, lanes, alleys, courts, places, and side- walks, and for construction of sewers within mu- nicipalities,' approved March eighteenth, eiglirecu hundred and eighty-five, by adding thereto an ad- 1180 Streets. iiitional part, numbered four, consisting of sec- tions thirty-eiglit, thirty-nine, forty, forty-one, forty-two, forty-three, and forty-four, relative to a system of street improvement bonds," approved March seventeenth, eighteen hundred and ninety- one, is hereby repealed, except as to any and all proceedings hitherto commenced thereunder, which proceedings may be completed and have full force as is therein provided. Sec. 9. This act shall take effect and become of force from and after its passage. An Act fixing and regulating the manner of sale and redemption of real property for delinquent assessments to pay the damages, costs, and ex- pense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, contracting, or closing up, in whole or in any' part, any street, square, lane, alley, court, or place within municipalities in this State. [Stat, approved March 27, 1895; Stats. 1895, chap, clxxvii.] The People of the State of California, represented in the Senate and Assembly, do enact as fol- lows: Section 1. All sales, and redemptions after sale, of any real property upon which the assess- ment levied and assessed to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, di- verging, curving, constructing, or closing up, in \x, whole or in part, any street, square, lane, alley, ^ court, or place within municipalities in this State, ^-' shall remain unpaid and become delinquent under the provisions of any Act or law regulating such matters, shall be made and had in the same time VNi V and manner as such sales and redemption were re- ar quired by law to be made and had on the first \ day of January, Anno Domini eighteen hundred and ninety-five. Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. Sec. 3. This Act shall take effect and be iri force from and after its passage and approval. Sundays— Surveyors. 1 181 TITLE 273. SUNDAYS. Acts relatin.2: to: See Penal Code, App^dix,, ti- tle, Sunday, p. 695. ^ ^/ , p TITLE 274. SUPERYISORS. Acts relating" to: See Penal Code, Appendix, ti- tle, Supervisors, p. 696; Political Code, Appendix, title, Supervisors, p. 1065. 1/ TITLE 275. SUPREME COURT REPORTER. Deputy for: See Political Code, p. 1065. TITLE 276. SURA^EYOR GENERAL. Act relating to: See Political Code, Appendix, title Surveyor General, p. 1066. TITLE 277. SURVEYORS. An act to define the duties of and to license land surveyors. [Approved March 31, 1891; Stats. 1891, p. 478.] Section 1. Every person desiring to become a licensed land surveyor in this state must present to the state surveyor general of this state a certif- icate that he is a person of good moral character; also, a ceiM]ificate signed by three licensed sur- u 1182 Surveyors. veyors, or a certificate signed by the board of ex- amining surveyors (provided for in section five of tliis act), which certificate shall set forth that the person named therein is, in the opinion of the per- son signing the same, a fit and competent person to receive a license as a land surveyor, together with his oath that he will support the constitution of this state and of the United States, and that he will faithfully discharge the duties of a licensed land surveyor, as defined in this act. Sec. 2. Upon receipt of such certificate and oath by the state surveyor general, it shall be his duty forthwith to issue to such applicant a license, without charge, which license shall set forth the fact that the applicant is a competent surveyor, or that he has had at least two years' experience in the field as a surveyor or assistant surveyor. Sec. 3. Such license shall contain the full name of the applicant; the technical institution from which he is a graduate (if he be a graduate), oi* if he be not a graduate, the fact must be stated in the license; his birthplace, age, and to whom is- sued; the name of the person upon whose certif- icate the license is issued, and the date of its is- suance. Sec. 4. All papers received by the state sur- veyor general on application for licenses shall be kept on file in his office, and a proper index and record thereof shall be kept by him, and a list of all licensed land surveyors shall be kept by him, and he shall monthly transmit to the county re- corder of each county in this state a full and cor- rect list of all persons so licensed; and it is here- by made the duty of such recorders to keep such lists in their offices in such a way as they may be easily accessible to all persons. Sec. 5. Within twenty days after the passage of this act, the governor shall appoint three sur- veyors in good standing, members of the techni- cal society of the Pacific coast, and two other sur- veyors in good standing, not members of such so- ciety, as a board of examining surveyors, who shall conduct such examinations and make such inquiries as to them may seem necessai*y to as- certain the qualifications of applicants for survey- ors' licenses. Sec. 6. A majority of the board of examining surveyors shall meet on the first Friday of each month during their term of ofiiee, in the rooms Surveyors, 1183 of the tecbnical society of the Pacific coast, id Sao Francisco, and at such other times and places as they may select. The members of the board shall hold office for the term of one year from the date of appointment, and shall serve without compensation. Sec. 7. Every licensed surveyor shall have a seal of office, the impression of which must con- tain the name of tlie surveyor, his principal place of business, and the words "licensed surveyor"; and all maps and papers signed by him, and to which said seal has been attached, shall be prima facie evidence in all the courts of this state. Sec. 8. Surveyors' licenses, issued in accord- ance with this act, shall remain in force until re- voked for cause, as hereinafter provided. Sec. 9. Every licensed surveyor is authorized to administer and certify oaths, wlien it becomes necessary to take testimony to identify or estab- lisli old or lost corners; or, if a corner or monu- ment be found in a perishable condition, and it ap- pears desirable that evidence concerning such cor- ner or monument be perpetuated; or whenever the importance of the survey makes it desirable, to administer an oath for the faithful performance of duty to his assistants. A record of such oaths shall be preserved as a part of the field notes of the survey. Sec. 10. Every licensed surveyor is hereby au- thorized to make surveys relating- to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public roads, streets, alleys, or trails; and it shall be the duty of eacli surveyor, whenever making any such sur- veys, except those relating to the retracing or sub- division of cemetery or town lots, whether the sur- vey be made for private persons, corporations, cities, or counties, to set permanent and reliable monuments, and such monuments must be perma- nently marked with the initials of the surveyor setting them. Sec. 11. Within sixty days after a suiwey re- lating to the sale or subdivision of lands, the re- tracing or establishing of property and boundary lines, public roads or trails, original cemetery or town sites, and their subdivisions, has been made by a licensed surveyor, he shall file with the recorder of the county in which such sur- vey or any portion thereof lies, a record of sur 1184 Surveyors. vey. Such record shall be made in a good draughtsman-like manner, on one or more sheets of firm paper of the uniform size of twenty-one by thirty inches. This record of survey shall be either an original plat or a copy thereof, and must contain all the data necessary to enable any com- petent practical surveyor to retrace the survey. The record of survey must show: All permanent monuments set, describing their size, liind, and location, with reference to the corners which they are intended to perpetuate; all bearing or witness trees marked in the field; complete out- lines of the several tracts or parcels of land sur- veyed within courses, and lengths of boundary lines; the angles, as measured by Vernier read- ings, which the lines of bloclvs or lots, if the re- cord relate to an original town site survey, mal^e with each other and with the center lines of ad- jacent streets, alleys, roads, or lanes; the varia- tions of the magnetic needle with which old lines have been retraced; the scale of the map; the date of survey; a proper connection with one or more points of an original or larger tract of land and the name of the same; the name of the gTant or grants, or of the townships and ranges, within which the survey is located; the signature and seal of the surveyor; provided, that nothing in this section sliall require record to be made of surveys of a preliminary nature, where no monuments or corners are established. Sec. 12. The record of surveys thus filed with the county recorder of any county must be by him pasted into a stub-book, provided for that purpose, and lie must keep a proper index of such reconls, by name of owner, by name of surveyor, by name of grant, city, or town, and by United States sub- divisions; and he shall make no charge for filing and indexing such records of surveys. Sec. 13. Upon the failure of any licensed sur- veyor to comply with the requirements of this act and the furnishing of satisfactory proofs of such fact, the state surveyor general must revolve his li- cense, and no other license shall be issued to him within one year from such revocation. A viola- tion of section eleven of this act shall be a misde- meanor, and any person convicted of such viola- tion shall be punished by a fine not to exceed more than one hundred dollars, or imprisonment in the county .jail not exceeding thirty days. Surveyors— Sutter County. 11 S5 Sec. 14. In case said board shall refuse to meet unci examine applicants for licenses as in this act ]M-ovided, and issue to such applicants the certifi- cate or certificates mentioned in this act, if such person be a fit and competent person to receive the same, they may be compelled to do so by man- damus; and if upon the hearing of such man- damus it appears that they have willfully and wrongfully refused to examine any applicant, or to issue him a certificate when he is entitled to the same, such board so refusins; or failins? shall be, .jointly and severally, liable for all cost "of said mandamus proceeding-, includinc: attorney's fee of five hundred dollars, and shall be so jointly and severally liable to any person aggrieved by such refusal, in the sum of five hundred dollars, as fixed, settled, and liquidated damages, which may be recovered in any court in this state, and the .iiidgment (if it be for plaintiff) in mandamus shall be prima facie evidence of such injury and damage in any action which may be h^ought to recover damages under the provisions of this act. Sec. 15. All that part, of the Code of Civil Pro- cedure of this state relating to mandamus is here- by made applicable to the provisions of this act: and all proceedings in mandamus under this act shall be in accordance therewith. Sec. 16. This act shall take effect on the first day of July, eighteen hundred and ninety-one. TITLE 378. SUTTER COUNTY. A reference to special laws affecting Sutter county is contained in Deering's Annotated Penal Code, pp. 711 and 712. In addition to those there referred to consult: Act approved March 19. 1889; Stats. 1889, p. 355, relating to levee district No. 1; act approved March 10. 1891, Stats. 1891, p. 62, relating to swamp land district seventy; an act amending the act authorizing supervisors to construct bridge across Feather river, approved March 19, 1889; Stats. 1889, p. 323. 1186 Swamp and Overflowed Lands. TITLE 279. SUTTER'S FORT. Consult the following acts: An act to provide for the appointment of a board of Sutter's Fort trustees, and for the acquisi- tion of the Sutter's Fort property, and provid- ing for an appropriation for the preservation, protection, and improvement of said property. [Approved March 7, 1891; Stats. 1891, p. 25.] An act providing an appropriation for the purpose of completing and preserving Sutter's Fort. [Approved March 9, 1893; Stats. 1893, p. 102.] An act for the appointment of a guardian. [Ap- proved March 16, 1895, p. 56.]. An act providing an appropriation for the im- provement of and repairs to Sutter's Fort and grounds. [Stat, approved April 1, 1897; Stats. 1897, chap, cclxxvi.] i TITLE 280. SWAMP AND OVERFLOWED LANDS. Acts relating to: See ante, title "Lands of the State." An act to determine that lands of this state are swamp and overflowed when returned as such by the United States surveyor general. [Approved March 31, 1891; Stats. 1891, p 221.] Section 1. Lands within this state which have )t)een or may hereafter be returned by the United Swamp and Overflowed Lauds. 1187 States surveyor general as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as patents have been or may be issued therefor by this state, be held to be of the character so returned; provided, however, that nothing herein contained shall be construed to affect the rights of any homestead or pre- emption settler claiming under the laws of the United States, nor shall it aft'ect any suit now pending in any court as between the parties thereto; provided, that nothing contained in this act shall be construed to prejudice the lights of any settler now or hereafter located upon said lands to perfect title to the same, if permitted un- der existing laws. Sec. 2. This act shall take effect from and af- ter its passage. An act to declare certain tide lands public/'/ grounds, and granting the same to the county - of San Mateo in trust for the use of the public. [Approved February 27, 1893; Stats. 1893, p. 42.] An act quitclaiming to the successors in interest of James Bowman all claim of the state of California in that certain tract of land in the city and county of San Francisco known as~"i "water lot No. 41.5." and empowering and dii-^J^ recting the governor to execute a deed of quit-y claim therefor to said successors in interest of' said James Bowman. [Approved March 11, 1893; Stats. 1893, p- 151.] An act quitclaiming to the successors in interest of / Sallie C. Perry all claim of the state of Calir _p- . fornia in that certain tract of land in the city / and county of San Francisco known as "city/ slip lot number one hundred and sixteen," and empowering and directing the governor to exe- cute a deed of quitclaim therefor to said suc- cessors in interest of said Sallie O. Perry. [Approved March 9, 1893; Stats. 1893, p. 102.] 1188 Swamp and Oversowed Lauds. An act regulating the sale of the lands uncovered by tlie" recession or drainage ol' the waters of inland lakes, and unsegregacad swamp and overflowed lands, and validating wales and surveys heretofore made. [Approved March 24, 1893; Stats. 1893, iJ. 341.] Section 1. Any person desiring to purchase any of the lands uncovered by the recession or drain- age of the waters of inland lakes, and inuring to the state by virtue of their sovereignty, or the swamp and overflow^ed lands not segregated by the United States, shall make an application therefor to the surveyor general of the state, w^hich application shall be accompanied by appli- cant's attidavit that he is a citizen of the United States, or has declared his intention to become such, a resident of this state, of law^fui age, that he desires to purchase such lands (describing the same by legal subdivisions, or by meies and bounds if the legal subdivisions are unknown) under the provisions of this act; that he desires to purchase the same for his own use and benefit, and for the use and benefit of no other person or persons whomsoever, and that he has made no contract or agreement to sell the same, Mud that he does not own any state lands which, together with that now sought to be purchased, exceeds six hundred and forty acres. Sec. 2. Upon the filing of said application, w^hen the land has not been sectionized. the sur- veyor general shall authorize the county surveyor of the "county where the whole or the greater por- tion of the land lies to survey the same, who shall make an actual survey thereof, at the expense of the applicant, establishing four corners to each quarter-section, and connecting the same with a United States survey; and he must, witli'n thirty days, file with the surveyor general a copy, under oath, of his field-notes and plat, and a statement, under oath, siiowing whether or not the land is occupied by any actual settler. Sec. 3. If the surveyor thus authorized shall fail to make his return to the surveyor general within the time specified in the preceding section, Swamp and Oveiliowed Lands. 1189 the surveyor general may designate another per- son to make tiie said survey. Sec. 4. No application to purchase land under this act shall be approved by the surveyor general until the expiration of ninetj- days from the filing thereof in his oftice, and meanwhile the laod shall be subject to the adverse claim of any actual set- tler who has resided thereon when the said appli- cation was filed. Sec. 5. The swamp and overfloAved lands desig- nated in this act shall be sold and patented at the same price and on the same terms and manner of payment as at present provided for swamp and overflowed lands. All moneys received for said swamp and overflowed lands shall be paid into the swamp-land fund of the county in which the lauds are situated, and shall be treated and disposed of in the manner as moneys arising from the sale of segregated swamp and overflowed lands. If any of the lands are suitable for culti- vation without reclamation, such lands shall be sold only to actual settlers in tracts nor exceed- ing three hundred and twenty acres. Lands un- covered by the recession or drainage of the waters of inland lakes shall be sold at two dollars and fifty cents per acre, upon the same lerms of payment as fw swamp and overflowed land. All moneys derived from the sale of such uncovered lands shall be paid into the school f un 1 of the county where the land lies. Sec. 6. Any of the lands designated in this act which by reason of periodical overflow, need and are susceptible of reclamation may be reclaimed by the formation of districts in the same manner and subject to all of the provisions of law regu- lating the reclamation of swamp and overflowed lands; provided, that the board of sup*N'visors of the county in which the lands, or the greater part thereof, are situated must fii-st doterinnie. upon proper petition presented therefor, by tlie holders of the title, or evidence of title, representing one- half or more of any body of such land, that such rcr-lamation is necessary and feasible. Sec. 7. When land has been sold under this act, no contest shall be maintained against the pur- chaser on the around that the land is iiot of the Gen. Law^-- "I no. 1190 Swamp and Overflowed Lands. character stated in the application, uuU-ss it is shown that it is not of the character recited in section one of this act. Sec. 8. All uncanceled certificates of purchase and patents heretofore issued and payments heretofore made for any lands as swamp and overflowed lands which lands belong to any of the classes described in section one of this act, whether or not such lands were segregated or sec- tionized, shall, for all purposes, be valid and shall have the same force and effect as if such lands had been at all times subject to sale as swamp and overflowed lands; provided, however, that any and all contests now existing between settlers and holders of certificates of purchase shall not be affected by the provisions of this act. Sec. 9. All plats of any of the lands described in section one of this act which have been here- tofore made under authority of the United States surveyor general, and which plats designate the same as swamp and overflowed lands, t^hall be deemed valid and effectual as surveys cf such lands from and after the date thereof. Sec. 10. This act shall take effect from and af- ter its passage. An act to abolish the state board of tide land com- missioners, and to repeal sections thiee hun- dred and sixty-five and six huni^ed and ninety-eight of the Political Code. [Approved February 4, 1876; amendments 1875-6, 15.] Section 1 . The state board of tide land commis- sioners is hereby abolished. Sec. 2. All books, maps, papers, and documents belonging to the archives of said board, and all other property of the state under its custody or control, must be deposited with and kept and pre- served bv the surveyor general of the state. Sec. .3.* Sections 365 and 698 of the Political Code are hereby repealed. Sec. 4. An act entitled "An act supplementary to and amendatory of *An act supplementary to Taxation. 1191 and amendatory of an act entitled An act to sur- vey, and dispose of certain salt-marsh and tide lauas belonging to the state of California ' " ao- proved Mareli '60, 1S6S, also an act approved Api^ i, 18.0, approved Marcli 30, 1874, is hereby re- pealed. "^ Sec. 5. This act shall take effect and be in force from and after its passage. Compare in connection with section 4 of this act section 3488 of Political Code as amended in TITLE 281. TAXATION. The state revenue laws up to 1865 were care- fully collated in the General Laws, sec. 0148 et seq., and the several acts passed between 1864 and 1871 given in the Supplement, sec. 9255 et seq. Since then various acts have been passed, which are important as affecting vested rights. These acts are collected in Deering's Annotated Penal Code, p. 712 et seq. An act to establish a tax on collateral inheri- tances, bequests, and devises, to provide for its collection, and to direct the disposition of the proceeds. [Approved March 23, 1893; Stats. 1893, p. 193.] Section 1. After the passage of thiii act, all property which shall pass, by will or by the in- testate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state, or any interest thei'ein or incoiue there- from, which shall be transferred by de-d, grant, sale, or gift, made in contemplation of the death of the grantor or bargainor. 1192 Taxation. or intended to talie effect in possession or enjoyment after such death, to any person or persons, or to any body politic or coi^orate, in trust or otherwise, or by reason whereof any per- son or body politic or corporate shaU become beneficially entitled, in possession or expectancy, to any property, or to the income thereof, other than to or for the use of his or her fathe'*, mother, husband, wife, lawful issue, brother, sister, and niece or nephew when a resident of this state, the v^ife or widow of a son, or the husban-j of a daughter, or any child or children adopted as such in conformity with the laws of the state of Cali- fornia, and any lineal descendant of such dece- dent born in lawful wedlock, or the societies, cor- porations, and institutions now exerhpted by law from taxation, or to an3^ public corporation, or to any society, corporation, institution, or associa- tion of persons engaged in or devoted to any charitable, benevolent, educational, public, or other like w^orlv (pecuniary profit not being its ol? ject or purpose), or to any person, society, cor- poration, institution, or association of persons in trust for or to be devoted to any charitable, be- nevolent, educational, or public purpose, by rea- son whereof any such person or corporation shall become beneficially entitled, in possession or ex- pectancy, Lo any such property, or to the income thereof, shall be and is subject to a tax of five dollars on every hundred dollars of tde market value of such ])roperty, and at a proportionate rate for any less amount, to be paid to the treas- urer of the proper county, as hereinafter defined, for the use of the state; and all administrators, executors, and trustees shall be liable or any and all such taxes until the same shall have been paid, as hereinafter directed; provided, that an estate which may be valued at a less sum than five hundred dollars shall not be subject to such duty or tax. f Amendment approved March 9, 1897; Stats. 1897, chap. Ixxxiii. In effect imme- diately.] Sec. 2. The exemptions contained in this act shall apply to all property which has p5»ssed, by will, succession, or transfer, since the apnroval of the act of which this act is amendatory, except Taxation. 1103 in those cases wliere the tax has been paid to the treasurer of the proper county. [Amendment ap- proved March 9, 1897; Stats. 1807, ch. Ixxxiii. In effect immediately.] Sec. 2. AVhen any grant, gift, legacy, or succes- sion upon which a tax is imposed by section one of this act shall be an estate, income, or interest for a term of years, or for life, or determinable upon any future or contingent event, or shall be a re- mainder, reversion, or other expectancy, real or personal, the entire property or fund by which such estate, income, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the decedent, and tlie marlvct value thereof determined, in the manner provided in section eleven of this act, and the tax pre- scribed by this act shall ])e immediately due and payable to the treasurer of the proper county, and, together with the interest thereon, shah be and remain a lien on said property until the same is paid; provided, that the person or persons, or body politic or corporate, beneficially interested in the in-operty chargeable with said tax, may elect not to pay the same until they shall come into the act- ual possession or enjoyment of such property, and iji that case such person or persons, or body poli- tic or corporate, shall execute a bond to the peo- ple of the state of California, in a penalty of twice the amount of the tax arising upon personal estate, with such sureties as the said superior court may approve, conditioned for the payment of said tax. and interest thereon, at such time or period as they or their representatives may come into the actual possession or enjoyment of such property, which bond shall be filed in the office of the county clerk of the proper county, provided further, that such person shall make a lull and verified return of such property to said court, and file the same in the office of the county cloi k with- in one year from the death of the decedent, and within that period enter into such security, and renew the same every five years. [Amendment approved March 9, 1895; Stats. 1895, chap, xxviii. In effect immediately.] Sec. 3. Whenever a decedent appoints or names one or more executors or trustees, and makes a 1194 Taxation. bequest or devise of proiDerty to them in lieu of commissions or allowances, wliicli otherwise would be liable to said tax, or appoints them his resid- uary legatees, and said bequest, devises, or re- siduary legacies exceed what would be a reason- able compensation for their services, such excess shall be liable to said tax; and the superior court in which the probate proceedings are pending shnll rix the compensation. Sec. 4. All taxes imposed by this act, unless otherwise herein provided for, shall be due and payable at the death of the decedent, and if the same are paid within eighteen months no inter- est shall be charged and collected therein, but if not so paid, interest at the rate of ten per cen- tum per annum shall be charged and collected from the time said tax accrued; provided, that if said tax is paid within six months from the accru- ing thereof a discount of five per centum shall be allowed and deducted from said tax. And in all cases where the executors, administrators, or trus- tees do not pay such tax within eighteen months from the death of the decedent, they shall be re- quired to give a bond, in the form and to the ef- fect prescribed in section two of this act, for the payment of said tax, together with interest. Sec. 5. The penalty of ten per centum per an- num imposed by section four hereof for the non- payment of said tax shall not be charged in cases Avhere, by reason of claims made upan the es- tate, necessary litigation, or other unavoidable cause of delay, the estate of any decedent, or a part thereof, cannot be settled at the end of eight- een months from the death of the decodent; and in such cases only seven per centum p3r annum shall be charged upon the said tax from the ex- piration of said eighteen months until tbo cause of such delay is removed. Sec. 6. Any administrator, executor, or trustee having in charge or trust any legacy or property for distribution, subiect to the said tax, shall de- duct the tax therefrom, or if the legacy or prop- erty be not money he shall collect the tax thereon, upon the market value theveof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, any specif- Taxation. 1195 ic legacy or property subject to tax to any person until he shall have collected the tax thereon; and whenever any such legacy shall be charged upon or payable out of real estate, the executor, admin- istrator, or trustee shall collect said tax from the distributee thereof, and the same shall lemain a charge on such real estate until paid; if, however, such legacy be given in money to any person for a limited period, the executor, administrator, or trustee shall retain the tax upon the whole amount; but if it be not in money he shall make application to the superior court to make an ap- portionment, if the case require it, of the sum to be paid into his hands by such legatees, and for such further order relative thereto as the case may require. [Amendment approved March 9, 1895; Stats. 1895, chap, xxviii. In effect immediately.] Sec. 7. All executors, administrators, and trus- tees shall have full power to sell so mnch of the property of the decedent as will enable them to pay said tax, in the same manner as they may be enabled by law to do for the payment of debts of the estate, and the amount of said tax shall be paid as hereinafter directed. Sec. 8. Every sum. of money retained by an ex- ecutor, administrator, or trustee, or paid into his hands, for any tax on property, shall be paid by him, within thirty days thereafter, to tho treasur- er of the county in which the probate proceedings are pending; and the said treasurer shall give, and every executor, administrator, or trustee shall take, duplicate receipts for such payment, one of which receipts said executor, administrator, or trustee shall immediately send to the controller of the state, whose duty it shall be to charge the treasurer so receiving the tax with the amount thereof, and said controller shall seal said receipt with the seal of his office, and countersign the same, and return it to the executor, administra- tor, or trustee, whereupon it shall be a proper voucher in the settlement of his accounts; and an executor, administrator, or trustee shall not be entitled to credits in his accounts, nor be discharg- ed from liability for such tax, nor shall said estate be distributed, unless he shall produce a receipt so sealed and countersigned by the controller, or a copy thereof certified by him. 1196 Taxation. Sec. 9. Whenever any debts shall be proven against the estate of a decedent after the payment of legacies or distribution of property from which the said tax has been deducted or upon which it has been paid, and a refund is made by the leg- atee, devisee, heir, or next of l^in, a proportion of the tax so deducted or paid shall be 'epaid to him by the executor, administrator, or trustee, if the said tax has not been paid to the county treas- urer or to the state controller, or by them, if it has been so paid. Sec. 10. Whenever any foreign executor or ad- ministrator shall assign or transfer any stocks or loans in this state standing in the name of a de- cedent, or held in trust for a decedent, which shall be liable to the said tax, such tax shall be paid to the treasurer of the propeiv county on the transfer thereof; otherwise the corporation permitting sucli transfer shall become liable to pay such tax; provided, that such corporation had knowledge before such transfer that said stocks or loans are liable to said tax. Sec. 11. When the value of any inheritance, de- vise, bequest, or other interest subject to the pay- ment of said tax is uncertain, the superior court in which the probate proceedings are pending, on the application of any interested party, or upon his own motion, shall appoint some competent person as appraiser, as often as and whenever oc- casion may require, whose duty it shall be forth- with to give such notice, by mail, to all persons known to have or claim an interest in such prop- erty, and to such persons as the court may by or- der direct, of the time and place at which he will appraise such property, and at such time and place to appraise the same and make a report thereof, in writing, to said court, together with such other facts in relation thereto as said court may by order require to be filed with the clerk of said court: and from this report the said court shall, by order, forthwith assess and fix the mar- ket value of all inheritances, devises, beuuests, or other interests, and the tax to which the same is liable, and shall immediately cause notice thereof to be given, by mail, to all parties known to be interested therein; and the value of every future Taxation, 1197 or contingent or limited estate, income, or inter- est shall, for the purposes of this act, be determin- ed by the rule, method, and standards of mortal- ity and of value that are set forth in the actua- ries' combined experience tables of mortality for ascertaining- the value of policies of life insurance and annuities, and for the determination of the liabilities of life insurance companies, save that the rate of interest to be assessed in computing the present value of all future interests and contin- gencies shall be five per centum per annum; and the insurance commissioner shall, on the applica- tion of saici court, determine the value of such future or contingent or limited estate, income or interest, upon the facts contained in puch re- i)ort. and certify the same to the court, and his certificate shall be conclusive evidence thj t the method of computation adopted therein is correct. The said appraiser shall be paid by the county treasurer out of any funds that he may have in his hands on account of said tax, on the certificate of the court, at the rate of five dollars ])er day for every day actually and necessarily employed in said appraisement, together with his actual and necessary traveling expenses. [Amendment ap- proved March 9, 1895: Stats. 1895, chap, xxviil. In effect immediately.] Sec. 12. Any appraiser appointed by virtue of this act who shall take any fee or reward from any executor, administrator, trustee, legatee, uext of kin, or heir of any decedent, or from any other person liable to pay said tax, or any portion there- of, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not ^ess than two hundred and fifty dollars nor more than five hundred dollars, or imprisoned in the CDunty jail ninety days, or both, and in addition tnereto the court shall dismiss him from such service. Sec. 13. The superior court in the county in which is situate the real property of a decedent who was not a resident of the state, o^ in the county of which the decedent was a resident at the time of his death, shall have jurisdiction to hear and determine all questions in relation to the tax arising under the provisions of this act, and the 1198 Taxation. ' court first acquiring jurisdiction hereunder shall retain the same, to the exclusion of every other. Sec, 14. If it shall appear to the superior court, or judge thereof, that any tax accruing under this act has not been paid according to law, it shall issue a citation, citing the persons known to own any interest in or part of the property liable to the tax to appear before the court on a day certain, not more than ten weeks aftet! the date of such citation, and show cause why said tax should not be paid. The service of sucu citation, and the time, manner, and proof thereof, and the hearing and determination thereon, "and the en- forcement of the determination or decree shall conform to the provisions of chapter twelve of ti- tle eleven of part three of the Code of Civil Pro- cedure: and the clerk of the court shall, upon the request of the district attorney or treasurer of the county, furnish, without fee, one or more transcripts of such decree, and the same shall be docketed and filed by the county clerk of any county in the state, without fee, in the same man- ner and with the same effect as provided by sec- tion six hundred and seventy-four of said Code of Civil Procedure for filing a transcript of an original docket. Sec. 15. Whenever the treasurer of any county shall have reason to believe that any tax is due and unpaid under this act, after the refusal or neg- lect of the persons interested in the property lia- ble to said tax to pay the same, he shall notify the district attorney of the proper county, in writing of such failure to pay such tax, and the district attorney so notified, if he have probable cause to believe a tax is due and unpaid, shall prosecute the proceeding in the superior court, as provided in section fourteen of this act, for the enforcement and collection of such tax. [Amendment ap- proved March 9, 1895: Stats. 1895, chap, xxviii. In etfect immediately.] Sec. 16. The county clerk of each county shall, every three months, mal^e a statement, in writing, to the county treasurer, of the property from which, or the party from whom, he has reason to believe a tax under this act is due and unpaid. Sec. 17. Whenever the superior court of any Taxation. 1199 county shall certify that there was proba')le cause for issuing a citation, and talking the proceedings specified in section fifteen of this act, the state treasurer shall pay, or allow, to the treasurer of any county, all expenses incurred for services of citation, and his other lawful disbursemeitts that have not otherw^ise been paid. [Amendment ap- proved March 9, 1895; Stats. 1895, chap, xxviii. In effect immediately.] Sec. 18. The county clerlv of each county shall keep a book in which he shall enter the values of inheritances, devises, bequests, and other inter- ests subject to the payment of said tax, and the tax assessed thereon, and the amounts of any re- ceipts for payments thereon filed with him. which books shall be kept by him as public records. [Amendment approved March 9, 1835; Stats. 1895, chap, xxviii. In ieffect immediately.] Sec. 19. The treasurer of each county shall col- lect and pay the state treasurer all taxes that may be due and payable under this act, who shall give him a receipt therefor, of which collection and payment he shall make a report, under oath, to the controller, between the first and fifteenth days of May and December of each year, stating for what estate paid, and in such form and containing such particulars as the controller may prescribe; and for all such taxes collected by him and not paid to the state treasurer by the first day of June and January of each year he shall pay interest at the rate of ten per centum per annum. Sec. 20. The treasurer of each county shall be allowed to retain, on all taxes paid and account- ed for by him each year, under this act, in addi- tion to iiis salary or fees now allowed by law, five per centum on the first fifty thousand dollars so paid and accounted for by him, threa ror cen- tum on the next fifty thousand dollars so paid and accounted for by him, and one pe** centum on all additional sums so paid and accounted for by him. Sec. 21. Any person, or body politic or corpo- rate, shall, upon payment of the sum of fifty cents, be entitled to a receipt from the county treasurer of any county, or a copy of th j receipt, at his option, that may have been given by said 1200 Taxation. treasurer for the payment of any tax ur.der this act, to be sealed with the seal of his offija, which receipt shall designate on what real property, if any, of which any decedent may have died seized said tax has been paid, and by whom paid, and whether or not it is in full of said tax; ard said receipt may be recorded in the clerk's office in the county in which said property is situate, in a book to be kept by said clerk for such purpose, which shall be labeled "Collateral Tax.'' Sec. 22. All taxes levied and collected under this act shall be paid into the treasury of the state, for the uses of the state school fund. Sec. 23. All acts or parts of acts inconsistent with the provisions of this act are hereby re- pealed. An act to repeal an act entitled "An act imposing a tax on the issue of certificates of stock cor- porations," approved April 1, 1878. [Approved March 31, 1897, p. 243.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. An act entitled an act imposing: a tax on the issue of certificates of stock of stock corporations, approved April one, eighteen hun- dred and seventy-eight, is hereby repealed. Sec. 2. This act shall take effect from and after its passage. TaxatioD. 1201 An act to provide for the levy and colifectiou of taxes hj and for the use of municipal corpo- rations and cities incorporated under the laws of the state of California, except rmmicii)al corporations of the first class, and to provide for the consolidation and abolition of certain municipal olfices, and to provide that their du- ties may be performed by certain otLicers of the county, and fixing the compensation to be allowed for such county officers fo:- the ser- vices so rendered to such municipal corpora- tions. [Stat, approved March 27,1895; Stats. 1895, chap, clxxxii.] Section 1. The board of trustees, common coun- cil, or other legislative body of any municipal cor- poration or city in this state, except muaicipal cor- porations of the first class, shall have power, and it shall be their duty to fix by ordina.nce the amount of money necessary to be raised by taxa- tion upon the taxable property therein, as a rev- enue to carry on the various departments of such municipal corporation or city for the cun-ent year, not to exceed the limit fixed by law, and to pay the bonded or other indebtedness of such munici- pal corporation or city. The board of trustees, common council, or other legislative b'^dy, shall meet for such purpose, and shall so ascertain and fix said amount, on the first Monday in August of each year; provided, however, that the provi- sions of this act shall not apply to or be in force in any city or municipal corporation until its board of trustees, common council, or other legis- lative body, shall have passed an ordinance elect- ing to avail itself of the provisions of this act, and filed a certified copy of the same with the auditor of the county in which such municipal corpora- tion or city is situated, on or before the first Mon- day in February of each year; and thereafter all assessments shall be made and taxes collf^cted by the assessor and tax collector of such county until such city or municipal corporation shall, a.v ordi- nance, elect not to avail itself of the provisions of this act for any loncrer time. Gen. Laws— 101. 1202 Taxation. Sec. 2. The board of trustees, common council, or other legislative body of any municipal corpo- ration or city in this state, except municipal cor- porations of the first class, shall have power to elect that the duties of the city treasurer of such city or municipal corporation shall be performed by the county treasurer of the county in which such city or municipal coiporation is situated; and Avhenever such board of trustees, common council, or other legislative body shall, by ordi- nance, so determine, such duties shall be perform- ed by the treasurer of the county in which such city or municipal corporation is situate 1. A cer- tified copy of such ordinance shall be sei-ved on the tax collector and Ti-^ tax due to such city or municipal corporation bears to the total tax for which such real property was sold. Sec. 10. All acts and parts of acts in conflict with the provisions of this act are hereby re- pealed. Sec. 11. This act shall talve effect immediately. Taxation. 1205 An act to provide for the levy 'and ooU action of taxes by and for the use of municipal corpo- rations and cities incorporated under the laws of the state, exceptino^ municipal cot novations of the first, second, third, and fourtu classes, and cities operating under a charter framed under section eight, article eleven, of the con- stitution. [Approved March 2, 1891: Stats. 1891 p. 22.] Section 1. The board of trustees, common coun- cil, or other legislative body of any municipal cor- poration or city in this state, excepting 'iiunici- pal corporations of the first, second, th'rd, and fourth classes, and cities operating under a char- ter framed under section eight, article iJeven, of the constitution, shall have power and 't sliall be their duty to fix, by ordinance, the amount of money necessary to be raised by taxation upon the taxable property therein, as a revenue to car- ry on the various departments of such corpora- tion or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebtedness of such municipal corp<^^ation or city. The board of trustees, commo i council, or other legislative body shall meet for sur-h pur- pose, and shall so ascertain and i\x sau' amount, on the first Monday in August of each year; pro- vided, however, that the provisions of this act shall not apply to or be in force in any city or municipal corporation until its board Oi.' trustees, common council, or other legislative body shall have passed an ordinance electing to avail itself of the provisions of this act, and filed a certified copy of the same with the auditor of tiii: county in which such municipal corporation or city is situated, on or before the first Monday in March of each year. Sec. 2. The county auditor must, on op before the third Monday in August of each y^i'ir. trans- mit to the board of trustees, common council, or other legislative body of each municipal corpo- ration or citv within such county a statement, in writing, showing the total value of all property within each municipal corporation or <"ity, re- 120G Taxation. spectively, wliicli value shall be ascertained from the assessment-booli of such county for such year as equalized and corrected by the board of super- visors for such county. Sec. 3. Each board of trustees, common coun- cil, or other legislative body of such municipal corporation or city shall, on the first Monday of October, fix the rate of taxes, desigQ-iting the number of cents upon each hundred dollars, using as a basis the value of property as assessed by the county assessor and so returned to sach board by the county auditor, as required in section two of this act, ■which rate of taxation shall be suffi- cient to raise the amount so fixed by such board, as required in section one of this act, which acts by said board are declared to be a valid assess- ment of such property and a valid levy of such rates so fixed. Such municipal or city boan1 must immediately thereafter transmit to the county au- ditor of the county in which such municipal cor- poration or city is situated a statement of such rate so fixed by such municipal board. Sec. 4. The auditor must then compute and en- ter in a separate column in the assessment-book, to be headed "City Tax, City of " (naDutg it), tli.e respective sums, in dollars and cents, to be paid as a municipal or city tax on the property therein enumerated and assessed as being in any municipal corporation or city, using the rate of levy so fixed by such municipal board and the as- sessed value as found in such assessnpli- caut; if not, by the person so objecting. Tbe time for appearance after service sball be the same as in tbe case of a civil action. Section 14. Upon the bearing the court to take evidence on the allegations of petition; and may adjourn hearing. Sec. 14. Upon the day set for the bearing of the application, or at such time as the same may be continued to, the cotu-t shall catise examination to be made into tbe applicanfs title to the land in question, and shall bear testimony as to the alle- gations of the petition, or of any objections thereto; and if any defects are found in the appli- cation, or in tbe applicant's title to the land, or if any of tlie allegations of tbe petition are found to be untrue, or any objections to said petition are sustained, the court may dismiss such applica- tion, or may give the applicant such further time as the court may deem reasonable, before finally passing upon his application. Section 15. Decree setting forth title to be made bv court on aranting application. Sec. 15. If it sball be made to appear, to the satisfaction of the court, tliat the notice required by section thiii:een has been duly given and served; tbat the facts stated in the ap])lication are true, and that the applicant is the owner of the land, or interested therein, as set forth in tbe petition, the court shall dulv make, give and enter a decree to that effect, which said decree shall contain an ac- Gen. Laws— 103. 122G Torrens Land System. curate description of the property in question, witti a diagram thereof, and also shall set forth all liens and incumbrances on said land, with the name of the liolder thereof, and the nature, amount, and order of the same, and, if recorded, the booiv and page of the record. Any party ag- grieved by such decree may appeal therefrom in the manner now or hereafter provided by law for appeals in civil actions. Section 16. Registrar to issue certificate of title upon filing of certified copy of decree. Sec. 16. A certified copy of such decree shall be filed in the office of the registrar, who shall thereupon issue a certificate of title to the person entitled thereto as shown by said decree, and shall proceed to bring said land under the opera- tion of this act, as herein provided. Said certifi- cate shall contain the description of the property set forth in the decree, and shall also show the na- ture, amount, and order of the liens thereon. Section 17. Decree to be in rem, and conclusive. Sec. 17. The decree of the court ordering regis- tration shall be in tlie nature of a decree in rem, and shall be final and conclusive as against the rights of every and all nersons, known and un- known, to assert any estate, interest, claim. Hen, or demand of any nature or kind whatever, against the land so ordered registered, except as provided in this act. Section 18. Court to appoint referee; compensa- tion of searcher and of referee. Sec. 18. Upon the filing of the petition the court may appoint a referee to examine and report upon the abstract accompanying tlie same. Such referee shall be an attorney in good standing, skilled in the examination of titles, of not less than three years' practice at the bar of the court so appointing iiim. The compensation of the searcher and of the referee shall be fixed by the court, or agreed upon between themselves and the applicant, and shall be paid by the applicant as a part of the costs of the proceeding. Section 10. Written opinion of referee to be filed before decree made. Sec. 19. Whenever such abstract shall be made and such referee appointed, no decree shall be en- tered by the court until the Avritten opinion of such referee shall be filed in the proceeding, show- Torrens Land System. 11227 ing the nature of the applicant's title to the huie. subject to such changes as the case may require, substan- tially in the following form: State of California, I „« County of . \ ^^^ A. B. < state occupation and residence, giving street and number). State of California (if an ad- ministrator, give the name of the deceased; if a minor, give his age: if under other disability, state its nature), married to (name of husband or wife, or if not married so state), is the owner of an estate in fee simple (or as the case may be) in the following land (insert description contained in the decree). Subject, however, to the estates, easements, liens, incumbrances, and charges hereunder noted. (In en so of trust, condition, or limitation, say "in trust." or "upon condition," or "with limitation," as the case may be.) 1. Mortgage to C. D. for the sum of $ . dated , payalile after date, with interest at per cent per interest payable . 2. Mechanic's lien in favor of X. Y. for $ , filed . 3. Assessment for improvement of Street. Amount $ . due . (Any other incumbrances or charges.) Torrens Land System. li'iiO lu witness whereof, T have hereunto set my liand and caused my official seal to be altixed, this day of . Registrar of Titles in and for tlie County of , S1:ate of California. [Seal.] Section 25. Tenants in common may receive each a certificate. Sec. 25. In all cases where two or more per- sons are entitled as tenants in common to an es- tate in registered land, such persons m^y receive one certificate for the entirety, or eacli* may re- ceive a separate certificate for his undivided share. Section 26. Registered owner may consolidate several or divide up one certificate. Sec. 26. Upon the application of any registereon the registrar to issue a certified copy of tlie original certificate of registration. Upon tlie hearing of such application, tlie court may order such notice to be given to such persons, and for such time as it may deem proper. If the court is satisfielicate. or more parts, only one of the parts need be filed and kept in the reg- istrar's office: but the registrar shall note upon the register Avhether the same is in duplicate, tri- plicate, or as the case may be. and shall also marlv upon the others "mortgagee's duplicate," "lessor's duplicate," "lessee's duplicate," or as the case may be, and note upon the same the date of filing and the volume and folium of the register where the memorial is entered, and deliver them to the parties entitled thereto. Section 02. Certified copies identified as such may be issued. Sec. 02. When an instrument is not executed Torreus Land System. 1241 in a sufficient number of parts for the conviMiieuce of the parties, the registrar may make and delivei- to each of the parties entitled thereto certified copies of the instrument filed in his office, with the indorsements thereon, marking the same ^'mortgagee's certified copy," "lessor's certified copy," or as the case may be, and shall note upon the register the fact of issuing such copies. Such certified copies shall have the same force and ef- fect and be treated as duplicates. Section 63. Assignment of charge by filing and noting of same by memorial. Sec, 63. The holder of any charge upon regis- tered land, desiring to transfer the same or any part thereof, may execute an assignment of th« whole or any part thereof. The assignment of a part only must state whether the part transferred is to be given priority, to be deferred, or to rank equally, with the remaining part. Upon such as- signment being filed in the office of the registrar, and the production of the duplicate or certified copy of the instrument creating the charge held by the assignor, the registrar shall enter in the register opposite the charge, a memorial of such transfer, and how it ranks, with a reference to the assignment by its file number; he shall also note upon the instrument on file in his office intended to be transferred, and upon the duplicate or cer- tified copy thereof produced, the volume and folium where the memorial is entered, with the date of the entry. The transferee shall be enti- tled to have a certified copy of the instrument of transfer, with the indorsement thereon, and in case of the transfer of the entire charge, the du- plicate or certified copy of the instrument creat- ing the chai'ge. Section 64. Release of part or whole of charge to be noted as an assignment. Sec. 64. A release, discharge, or surrender of a charge, or any part thereof, or of any part of the land" charged, may be effected in the same way as above provided in the case of a transfer. In case onlv a part of the charge or of the land is in- tended to be released, discharged, or surrendered, the entrv shall be made accordingly; but when the whole is released, discharged, or surrendered at the same or several times, the registrar shall 1242 Torreus Laud System. stamp across the instrument on file, and the me- morial thereof, and the duplicate or certified copy produced, the word "canceled." Section 05. Charges to be enforced as at pres- ent, except as herein provided, and except that notice of lis pendens must be filed with reg- istrar. Sec. G5. All charges upon registered land, oi* any estate or interest in the same, may be en- forced as now or hereafter allowed by law, and all laws with reference to the foreclosure and re- lease or satisfaction of mortgages shall apply to mortgages upon registered land, or any estate or interest therein, except as herein otlierwise pro- vided, and except that until notice of the pendency of any suit to enforce or foreclose such charge is filed in the registrar's otfice. ann, as the case may be, showing the name of such water-rate payer, his or her place of resi- dence, and the amount paid for v/ater by each of 8iich water-rate payers, during the year preced- iu-j; the date of such statement, and also showing all revenue derived from all >;ources, and an item- ized statement of expenditures uade for supply- ing water during said time. Additional statement. Sec. 3. Accompanying the first statement made as prescribed in section two of this act, every such corporation, company, or person shall furnish a detailed statement, verified in lilie manner as the statement mentioned in section two hereof, show- ing the amount of money actually expended an- nually, since commencing business, in the pur- chase, construction, and maintenance, respec- tively, of the property necessary to the carrying on of its business, and also tho gross cash receipts annually, for the same period, from all sources. Refusal to make statement a misdemeanor. Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the state- ments mentioned in sections two and three of this act, or either of them, or who shall furnish any false statement in relation thereto, within thirty days after having been required or requested to furnish the same as prescribed in sections one, two, and three of this act, shall be deemed guilty of a misdemeanor. Copy of statement to be filed. Sec. 5. Upon receiving the statements provided for in sections two and three of this act, the board of supervisors, town council, board of aldermen, or other legislative body, shall cause a copy thereof to be made and filed in the office of the county recorder of such city and county, or of the county wherein such city or town is situated. Rates to be equal. Sec. 6. Rates for the furnishing of water shall 1270 Water Companies. be equal and uniform. There shall be no dis- criminations made between persons, or between persons and corporations, or as to the use of water for private and domestic, and public or mu- nicipal purposes; provided, that nothing herein shall be so construed as to allow any person, com- pany, association, or corporation to charge any person, corporation, or association anything for water furnished them when, by anj present law, such water is free. Excess in charging rates, forfeits franchise, etc. Sec. 7. Any person, company, association, or corporation cliarging, or attempting to collect from the persons, eoi*poratious, or municipalities using water, any sum in excess of the rate fixed as hereinbefore designated, shall, upon the com- plaint of said board "of supervisors, town council, board of aldermen, or other legislative body thereof, or of any Avater-rate payer, and upon con- viction before any court of competent jurisdic- tion, shall forfeit the franchises and water-works of such person, company, association, or corpora- tion to the city and county, city or town, wherein the said water is furnished and used. Penalty to supervisors neglectin>? to enforce act. Sec. 8. Any board of supervisors or other legis- lative body of any city ana county, city or town which shall fail or refuse to perform any of the duties prescribed by this act, at the time and in the manner hereinbefore specified, shall be deemed guilty of malfeasance in office, and upon conviction thereof, at the suit of any interested party, in anv court of competvMit jurisdiction siiaii be removed from office. Sec. 9. This act shall take efiect and be -d force from and after the dare ol' jts passage. I Waters. TITLE 305 \ WATERS. / \ San Joaquin river, act to improve navigation of. [Stats. 1865-6, p. 536.] San Joaquin river, act concerning survey of out- let of. [Stats. 1867-8, p. 91. J An act declaring- tiie San Joaquin river and the Stockton slough navigable ii om and to certain ' points herein named. ' V [Approved February 21, 1872; 1871-2. 117.] An act declaring a certain creeli in Washington township, Alameda county^, navigable. [Approved March 8, 1872; *1871-2, 307.] An act to declare Lalie Earl in Del Norte county navigable. ' [Approved February ^, 1871; 1873-4, 59.] An act declaring Alameda creelv, in the county of Alameda, a navigable stream, and providing for the removal of obstructions therefrom. [Approved March 7, 1874; 1873-4, 308.] An act declaring the Moro Oojo slough navigable. [Approved March 30, 1874; 1873-4, 790.] An act declaring Gallinas slough, or creek, in Ma- rin countv, navigable. [Approved March 25, 1876; 1875-6. 485.] An act declaring Sonoma river, in Sonoma county, navigable. [Approved February 11, 1878; 1877-8, 72.] An act to declare Clear lake, in Lake county, navigable. [Appix)ved March 29," 1878; 1877-8, 630.] An act to declare Smith river, in Del Norte countv, navigable. [Approved March 30, 1878; 1877-8, 799.] Alameda countv, navigable streams in. [Stats. 1867-8, pp. 486, 680.] Arroyo del Medo. act declaring Arroyo del Medo, in Santa Clara county, navigable, [Stats. 1852, p. 223.] ^ 1272 Waters. Arroyo del San Antonio (Keys creek), declared navig-able. [Stats. 1860, p. 126; 1873-4, p. 564.] Cache creek, act granting right to open chan- nel. [Stats. 1858, p. 303.] Diablo creek, declared navigable. [Stats. 1858, p. 127.] Feather river, act concerning survey of outlet ij of. [Stats. 1867-8, p. 91.] ^ Islais creek, declared navigable. [Stats. 1867-8, i' p. 356.] Kings river, amending act for improvement off and erecting booms therein. [Stats. 1877-8, p. 961.] ^ . Kings river, improvement of. [Stats. 1871-2, p. 422; 1875-6, p. 499.] Ivittle Truckee river, improvement of. [Stats. 1871-2, p. 70.] Mad river, act to improve. [Stats. 1877-8, p. 788.] Marin county, act declaring certain creeks navi- gable. [Stats. 1861, p. 469; 1869-70, p. 663.] Mission creek, declared navigable. [Stats. 1854, p. 18.] Mormon slough, widened. [Stats. 1871-2, p. 540.] Navarro river, improvement of. [Stats. 1859, p. 325.] Novato creek, declared navigable. [Stats. 1860, p. 257.] Nueces creek, declared navigable. [Stats. 1858, p. 127.] Petaluma creek, act concerning improvement of. [Stats. 1865-6, p. 487.] Mokelumne river, act to improve navigation of. [Stats. 1863-4, p. 417.] An act to declare the Mokelumne river navigable. [Approved April 3, 1880; 1880, 22 (Ban. ed. 115).] Waters. 1273 An act to declare the Klamath river uavipable. [Approved April 23, 1880; 1880, 13G (Bau. ed. 402).] Sacramento river, cleaning and deepening of. [Stats. 1805-6, p. 301.] Sacramento river, act concerning survey of out- let of. [Stats. 1867-8, p. 91.] Salinas river, declared navigable. [Stats. 1861. p. 49.] San Antonio creek, act to improve navigation of. [Stats, r.859, p. 327.] San Antouio creek, act providing for opening channel across bar at mouth of. [Stats. 1860, p. 162; 1861, p. 20.] Stanislaus river, act to provide for improvement of. [Stats. 1867-8, p. 684. J Walnut creek, act improving navigation of. [Stats. 1867-8, p. 484.] Warm Springs creek, declared navigable. [Stats. 1871-2, p. 307.] An act to provide for the location of tow-paths along the banks of navigable streams. [Approved April 1, 1872; 1871-2, 940.] Authority given. Section 1. The board of supervisors of each county in the state may, when public convenience for the purpose of commerce requires it, cause to be located and opened a tow-path, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county. Viewers. Sec. 2. In order to locate and open such tow- path, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law re- quired to be taken in the respective counties of this state for the purpose of locating and opening public roads and highways. Water frontage. Sec. 3. The owner or owners of any land over which a tow-path shall be located and opened Gen. Laws— 107. 1274 Waters. shall not be deprived of the water frontage nor of the free use and enjoyment of any land so lo- cated, subject only to the right of the public to use the same for the purposes of commerce. Fences. Sec. 4. It shall not be necessary to construct or maintain fences on either side of any tow- path so located, biit the board of supervisors may make all necessary rules and regulations for the government and management of tow-paths, and may provide for the erection of gates thereon and for the full and complete protection of the prop- erty through which the same passes. Sec. 5. This act shall take effect from and af- • ter its passage. An act to authorize the board of supervisors of the several counties in this state to grant fran- chises and privileges to corporations, associa- tions, or individuals. \ [Approved March 3, 1881; Stats. 1881, 25.] Privileges to construct booms. Section 1. The board of supervisors of any of the counties of this state are hereby authorized A, and empowered to grant the privilege of con- T structing booms for the purpose of holding logs "ISj' and timber to companies, corporations, or individ- s^ uals, and to prescribe the conditions on which the y same shall be maintained, and the prices which may be charged for tlie use of tlie sailie. Sec. 2. This act will be in force from and after its passage, provided tha^ navigation shall not be interfered with thereby. An act authorizing the boards of supervisors of the several counties of this state to declare in- navigable streams highways for the floating of logs and timber, and provide for the im- provement and use of the same. [Approved March 7, 1889; Stats. 1889, p. 85. J Boards of supervisors may declare innavigable streams public highways for certain purposes. Section 1. Upon application of any individual, Waters. 1275 association, or corporation interested, tlie board of supervisors of any county of this state may, by ordinance, declare all or any portion of any rivor or stream lying witbln the county which lias not been declared by law to be navi.iiahlc. and winch is not in fact navigable for commercial purposes, to be a public highway for the floating and trans- portation of logs, timber, and lumber, and the same shall thereupon become and be a public liighAvays for such purpose, subject only to the reservations hereinafter contained; and the board may also, at the same time or at smy time thereaf- ter, direct the widening, deepening, straightening, removing obstructions from, building of dams and booms in, and otherwise improving such streams as may be necessary to render the same tit and suitable for the purpose intended, and en- ter into contracts for the performance of such work according to law^ Purchase or condemnation of lands by boards of supervisors. Sec. 2. In case any owner of land adjacent to or across w^hich such stream flows does not eon- sent to the use of the stream for such purpose, and the making of the improvements directed, with the right to pass along the banks of the stream for the purpose of doing the work, and keeping the same in repair, and properly superin- tending and managing the use of such highway for the purpose intended, and the taking, at a fair rate of compensation, of such timber and other materials along the bed and banks of the stream as may be necessary for the construction and re- pair of the improvements, and grant the same to the county by suitable instrument in writing, on applicatioia, the board of supervisors may con- tract for and purchase any or all of such rights: or if the same cannot be purchased at a satisfac- tory price, may authorize proceedings to be com- menced in the name of the county to condemn and procure the same in the manner directed by title seven, part three, of the Code of Civil Pro- cedure. Right of supervisors to contract to lease such highway. Sec. 3. Instead of itself securing the various rights and making the improvements necessary, 1276 Waters. the board may enteu into a contract with any cor- poration, association, or individual, leasing the use of such highway, with the right to collect tolls for the rafting, floating, and booming of logs, timber, and lumber thereon, at rates of toll for transporting and for booming to be fixed by the board for a period of years from the com- pletion of the worli to be fixed by the board, in consideration of an agreement in such contract to be contained that the lessee will se- cure the right of way, and other necessary rights, from land owners, and make all improvements necessary for the successful carrying on of the business and use of the sti-eam for the pui-pose intended, without any expense to the county, and Ivcep the same in good repair during the period of such lease. Bonds of lessee. Sec. 4. Within twenty days from the mailing of such contract, and before the same shall go into effect, the lessee shall enter into a bond in such sum as may be fixed by the board, and with sureties approved by the board, conditioned for the faithful performance of the covenants and agreements on the part of the lessee in such con- tract contained. Power of lessee to condemn and secure right of way. Sec. 5. Such lessee shall have power to proceed in the name of the county to condemn and secure the right of way, and other rights and privileges referred to in section two of this act, in the man- ner directed by the provisions of title seven, part three, of the Code of Civil Procedure. Privileges of lessee. Sec. f>. Such lessee during the term of such lease shall receive and float, or allow to be floated, in such stream, all floatable logs, timber, and lumber that may be offered for transportation therein by any person; provided the same be plainly marked with a distinctive mark, and shall have the right to charge and collect for its own use tolls therefor, and for booming the same, at rates fixed by the board of supervisors and in- serted in the lease, and shall have a lien thereon Waters. 1277 for such tolls, which may be enforced in the man- ner provided in section three thousand and fifty- two of the Code of Civil Procedure. Duty of lessee on expiration of lease. Sec. 7. Upon expiration of the lease, such lessee shall turn the property, witli all improve- ments, over to the county in good repair. Construction of act. Sec. 8. This act shall not be construed as re- pealing any existing law of this state upon the subject to which it relates, not Inconsistent with its provisions. Sec. 9. This act shall take effect from and af- ter its passage. An act to provide for the appointment of an ex- • amining commission on rivers and harbors, do- fining their duties and powers, and prescrib- ing their compensation. [Approved March 19, 1889; Stats. 1889, p. 420.] Appointment of engineers. Section 1. The governor of the state, within thirty days after the passage of this act, shall ap- point three competent engineers in good standing in their profession, to be known and called the examining commission on rivers and harbors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appoint- ment. Oath of office. Sec. 2. Each of said commissioners shall, be- fore entering upon the discharge of his duties, take and subscribe an oath of oflice. The said commission shall organize by electing a president and secretary. Duty of commission. Sec. 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what 1278 Waters. steps are necessary for the rectification and im- provement of sucli rivers and streams, and shall make, or cause to be made, all such necessary and proper surveys, examinations, maps, designs, drawings, estimates, specifications, and exhibits as "Will enable the congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectifying and improving the same. The said commission shall, whenever requested by the governor, also make an examination for a similar purpose into such harbors as they may be so required to ex- amine. Said commission shall have power to em- ploy such persons at such compensation as they may deem proper, as surveyors or assistants in any of the work herein above specified. Report of. See. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein specified, which snid r^^Dnrt shall be in such form and contain such calcula- tions, specifications, and estimates as that it may be to congress as the basis of an appropriation by congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and har- bors as may have been examined by said com- mission as herein provided. The superintendent of state printing shall print and publish as many copies of said report and exhibits as may be or- dered by the governor. Salaries. Sec, .5. Each member of the said commission shall receive a salary of two thousand four hun- dred dollai*s per annum, payable monthly, and liis traveling expenses while engaged in the perfoi*m- ance of official duties. Said salary and expenses to be paid out of any money in the state treasury not otherwise appropriated. See. 0. This act shall take effect and be in force from and after its passage. Weights aud Measures— Wild Animals. 1279 TITLE 30G. AVEIGHTS AND MEASURES. All act to establish a standard of weij,'hts and measures. [Approved April 0, 1891; Stats. 1891, p. 487.] a Consult statutes of 1891 for the act. ^ R v>( .AjM\.\, Pjv TITLE 30r. • WHARFINGERS. Act ^-elating to: See Civil Code. Appendix, title Warehouses aud AVharfiugers, ^ AVharfiugers, p, 889. ^ ^^ '/''>, TITLE 308 WHARVES. The Political Code, sees. 2906 et seq., 2520 et seq., and 2567 et seq., seems to have superseded the old legislation on the subject of wharves. See, however, a special act in relation to a portion of Contra Costa county. It is entitled "An act concerning public wharves," approved March 28, 1872; 1871-2, 657. This act authorizes the owners or occupants of lands on the San Joaquin river, between its junction with the Sacramento and the eastern boundary of the county, to erect and main- tain free wharves. WILD ANIMALS. See Game. r 1280 Woman's Relief Corps. TITLE 309. WILMINGTON. An act to repeal an act entitled "An act to incor- porate the town of Wilmington, in the county of Los Angeles, in the state of California," ap- proved February 20, 1872. [Approved March 12, 1887; 1887, 108.] The purport of the act appears from the title. It took effect from its passage. An act to repeal an act entitled "An act to amend an act entitled 'An act to incorporate the town of Wilmington, in the county of Los Angeles, in the state of California,' approved February twentieth, eighteen hundred and seventy- two," approved March 21, 1872. [Approved March 12, 1887; 1887, 109.] The purport of the act appears from the title. It took effect from its passage. l> TITLE 310. WOMAN'S RELIEF CORPS. I )^ Yxj An act to assist the Woman's Relief Corps Home Association to provide for ex-army nurses, and the worthy destitute widows, wives, mothers, and destitute maiden daughters or sisters of veterans who served honorably in the war for the Union, and making an appropriation therefor. [Stat, approved April 1, 1897; Stats. 1897; chap, cclxxiv.] Consult statutes of 1897 for the act. World's Exhibition. 1281 An act to provide for the deficiency in the appro- priation for support and maintenance of the i widows and orphans of Union soldiers, sailors J^- and marines, and for ex-Union army nurses ' / residing at Evergreen, in the county of Santa ' Clara, at the home in said countv, and under the auspices of the Woman's Kelief Corps Home Association, for the fortv-eighth fiscal year. [Stat, approved April 1, 1897; Stats. 1897, chap, cclxxiii.] The act appropriated $3,000 for the purpose in- dicated. sr TITLE 311. WORLD'S EXHIBITION. An act to enable the state of California to make proper exhibition of her material resources at the world's exposition at New Orleans. [Approved February 10, 1885; 1885, 2.] The act appropriated $10,000 for the purpose in- dicated. An act appropriating money to pay the expenses of maintaining an exhibit of the products of ]• the state of California at the world's Colum-— 7/ bian exposition, to be held in Chicago in eight- / een hundred and ninety-three, and to provide for the commissioners thereof. [Approved March 6, 1891; Stats. 189J. p. 24.1 An act to provide for the preparation, printing, and distribution of a volume expository of the resources of California, at the world's Colum- bian exposition at Chicago, and appropriating money therefor. [Approved March 11, 1893; Stats. 1893, p. 149.] } r 1282 Yolo County— Yuba County. An act appropriating money to pay the expense of transporting, insuring, and installing of a Cal- ifornia's exhibit in the woman's building ot the world's Columbian exposition. [Approved March 11, 1893; Stats. 1893, p. 149.] TITLE 312. YOLO COUNTY. References to special acts relating to Yolo coun- ty are contained in Deering's Annotated Penal Code, pp. 754 and 755. TITLE 313. YOSEMITE VALLEY. iVu act to appropriate money for the survey, loca- tion, and construction of a free wagon road / from the town of Mariposa in Mariposa county, to the Yosemite valley. [Appropved March 2G, 1895; Stats. 1895, p. 87.] Fifty thousand dollars was appropriated for the purpose indicated. For other acts relating to Yosemite Valley con- sult Deering's Annotated Political Code under sec- y tiou 3586 and Deering's Annotated Penal Code, p. ^ 755. TITLE 314. YUBA COUNTY. A reference to acts relating to Yuba County is contained in Deerins's Annotated Penal Code, pp. 756, 757. INDEX i:n^dex. ABANDONMENT— appropTiatiou for support of oiiDlian or abandoned child, p. 944. ABSENTEES— trustees for estate of missing per- sons, p. 597. ACKNOWLEDGMENTS— reference to acts relat- ing to, p. 1. ADOPTION— managers of asylum may consent to adoption of child, p. 944. ADULT BLIND. See Blind; Home of Adult Blind. ADULTERATION— reference to acts relating to, p. 1. ADULTERY — reference to acts relating to, p. 1. AGED PERSONS— acts relating to support of aged persons in indigent circumsta.nces, pp. 2, 385. AGRICULTURE. See Horticulture; Silk Culture; Viticulture, reference to acts relating to agriculture and state agricultural societies, p. 2. agricultural districts, acts relating to, pp. G et seq. agricultural societies, acts relating to, p. G. boards of, acts relating to, pp. G et seq. district agricultural society, p. G. state agricultural societies, act relating to sale of property by, p. 3. state agricultural society, acts relating to, pp. 3 et seq. ALAMEDA COUNTY— references to special and local acts, p. 14. exemption of firemen from poll tax, p. 1217. act to prevent propagation of thistle in, p. 1219. Gen. Laws— 108. 1280 Index. ALMS HOUSES. See Paupers. ALIENS— naturalization, no fees to be cliarged, p| 250, § 227. act forbidding appointments of aliens to of- fice, p. 14. act forbidding- issuance of license to aliens not eligible to citizenship, p. 15. indexing names of persons making declarations of intention, p. 15. ALLEYS— act providing for work on, p. 1114. ALPINE COUNTY— references to special and lo- cal acts, p. 15. references to special and local acts relating to, p. 16. AMADOR COUNTY^— act to prevent trespassing of goats in, p. 353. AMENDMENTS. See Codes; Constitution. ANIMALS. See Estrays: Game Laws; Gophers; Oysters; Sheep; Squirrels; Stallions; Veterin- ary Surgery. trespassing, reference to acts relating to, p. 1259. assessment of. p. 1210 et seq. impounding of in cities of second class, p. 747. cruelty to, p. 254. disposition of hides of slaughtered cattle, p. 16. dogs killing sheep or goats, liability of owner, p. 261. estrays, act relating to, p. 315. reference to acts relating to estrays, p. 317. estrays, appropriation of money from sale of, p. 316, § 5. goats, act to prevent running at large, p. 353. hides of. p. 355. homing pigeons, act for protection of, p. 372. .iudges of the plains, p. 549. marks and brands, p. 567. reference to acts relating to, p. 17. quarantine against animals from infected dis- tricts, p. 1019. rodeo of, p. 1031. wild, bounty for destruction, p. 16. Index. 1287 ANIMALS— Continued. wild, encouraging des'truction of, p. 1(5. ANTWEKP MESSENGERS— act for protection of. p. 372. APIARIES. See Bee Culture. APOTHECARIES. See Pharmacy. APPEALS— reference to acts relating to, p. 17. APPRENTICES— reference to act relating to, p. 18. ARBITRATION. See Master and Servant. ARMY AND NAVY. See California A'olunteors; Woman's Relief Corporation, training ship in San Francisco, p. 1258. ART GALLERIES— endowments for, pp. 304, 308. ARTESIAN WELLS. See Waters, regulating use of, p. 20. preventing waste of subterranean waters, p. 20. ARTS— acts to disseminate knowledge and estab- lish galleries, pp. 304, 308. ASYLUMS. See Orphans. state hospital and asylum for miners, p. 583. ASSESSOR— election and duties of, p. 677, § 120. ATTORNEY-GENERAL— reference to acts relat- ing to, p. 22. ATTORNEYS— certain officers not to practice law, p. Ill, § 65. qualifications to practice before justices, p. 724, § 227. AUBURN— abandonment of cemetery and estab- lishment of park, p. 951. AUDITORS— what demands to be allowed, p. 663, § 93. auditing of claims, p. 663 et seq. demands of, how allowed, p. 664, § 94. rejection of claim, remedy for, p. 667, § 99. county, general powers and duties of, pp. 121- 123. duties of geoierally, p. 673, § 121. compensation of, p. 142 et seq. to prepare estimates of expenses, p. 102, § 36. statement by, p. 107, § 50. reference to acts relating to, p. 22. 1288 Index. BANKS— commissioners, act creating, p. 23 et seq. commissioners, duties, powers and rights of, p. 23 et seq. reference to acts relating to, p. 36. BEE CULTURE— inspectors of apiaries, p. 36. BENEFIT SOCIETIES, reference to acts relating to, p. 72. BLIND. See Home of Adult Blind. adult blind fund, appropriation of, p. 370. board of directors, p. 370. adult, home for, officers and compensation, p. 370. adult, appropriation for Industi'ial Home of Mechanical trades for, p. 370, appropriation for support, p. 371 appropriation to erect brick building to be used as dormitory, p. 371. industrial home, appropriation for purchasing property, p. 370. industrial home mechanical trades, for man^ agement of, p. 370. regulating medical practice so as to prevent blindness, p. 576. BIG TREE GROVES— reference to acts relating to, p. 506. BLUE BOOK— state, publication of, p. 37. BOARD OF EXAMINERS— reference to acts re- lating to. p. 37. BOARD OF FREEHOLDERS— election of, p. 37. BOARDS. See Board of Freeholders. BONDS. See Public Debt. loan commissioners, powers of, p. 967. reference to acts relating to. p. 37. municipal destruction of unsold, p. 39. state, p. 966. funding indebtedness of counties in certain cases, p. 38. county indebtedness, power to refund, p. 90, § 25, subd. 13. county, form of, p. 92, § 25, subd. 13. official, supervisors to fix amount of. p. Ill, § 66. Index. 1 2,99 BONDS— Continued. official, covers what acts of officer, p. 111. § 62. city officei* cannot act as surety, p. 744, § .",04. municipal officers, bonds of, p. *6l4. § 24. officers in cities of second class, bonds of, p. 743, § 302. of officers in cities of first class, p. 780, § 504. officers in cities of fourth class, bonds of, p. 807, § 607. officers in cities of third class, p. 780, § 504. official, officers of cities of fifth class, p. 846, § 753. officers in cities of sixth class, bonds of. p. 877, § 853. bail, forfeiture of, p. 729, § 240. BOOKS— officers, books of, right of inspection, p. 665, § 95. BOUNDARY— state, eastern boundary of, coiTec- tion and establishment of, p. 40. BOUNTIES-for destruction of wild animals, p. 16. ramie fiber, bounty for, p. 1024. BRANDS AND MARKS— Siskiyou, marks and brands in, p. 567. BRIDGES — Feather river, bridge across a public bridge, p. 321. acts covering bridges across navigable streams, pp. 40, 42. across estuaries, ponds, swamps, or arms of bays, p. 42. tolls, rates of, p. 43, § 7. BUGS— predaceous insects and parasites, import- ation of, p. 954. BUILDING AND LOAN ASSOCIATIONS-refea-- ence to acts relating to, p. 44. BUILDINGS— regulation of plumbing and drain- age, pp. 978, 979. BUOYS AND BEACONS— reference to acts relat- ing to, p. 44. BURIAl^— act to prevent exhumation and re- moval of bodies, p. 46 et seq. See Cemeteries. 1290 ludex. BUTTE COUNTY— reference to special and local acts, p. 44, boundary between and Yuba, p. 75, BUTTER-^i-efereuce to acts relating to, p. 44. BICYCLES— franchise for road for use of, p, 367. CALAVERAS COUNTY— tax on migTatory herds, p. 1215. reference to special and local acts, p, 45. CALIFORNIA— index to statutes of state, p. 45. publication of volume showing resources of, p. 1281. CALIFORNIA HOME FOR FEEBLE MINDED CHILDREN. See Feeble Minded Children. CALIFORNIA VOLUNTEERS- revision of rec- ords of, p, 45. CARRIER PIGEONS— act for protection of, p. 372. CATTLE. See Animals, hides of, p. 16. judges of the plains, p. 549. rodeo of, p. KK'^l. CEMETERIES— dutv of superintendent of, p. 711, § 186. acts to prevent exhumation and removal of bodies, p. 46 et seq. bodies not to be buried without permit, p. 710, § 185. removal of remains from, regulation of, p. 46. permits to remove body, p. 46. (lisinteri'ing bodies without permit, pp. 46, 711, 712. 713. disinterment without permit a misdemeanor, pp. 47, 48, §§ 3, 4. transportation of dead bodies, p. 713. reference to acts relating to, p. 46. CENSUS— authorizing taking of, p. 49. when ordered to be taken, p. 89, § 25, subd. 121/,. CENTRAL AMERICAN EXHIBITION— commis- sioner to represent state at, p. 50. CHAMBERS OF COMMERCE— reference to acts relating to, p. 50. Index. 121)1 CHEESE— branding of, p. 50. different grades of, p. 50. deception in manufacture and sale of, p. 52. CHICO— amendment of act incorporating, p. 44. acts relating to, reference to, p. 52. CHILDREN. • See Infancy. feeble-minded. See Feeble Minded Children. CHINESE— prohibiting coming of Chinese, p. 52. reference to acts relating to, p. 52. registration and certificates of residence, p. 52. act to promote emigration, p. 314. CITY AND COUNTY ATTORNEYS-reference to acts relating to, p. 62. duties of, generally, p. 678, § 133. CITIZENS— protection in civil and legal rights, p. 62. CITY ATTORNEYS— duties of, generally, p. 078, § 133. in cities of fourth class, p. 836. § 695. in cities of fifth class, p. 865, § 789. of cities of sixth class, p. 892, § 879. CITY CLERK— in cities of fifth class, duties of, p. 863, § 788. in cities of sixth class, p. 890, § 878. CITY ENGINEER— in cities of second class, p. 766, § 377. CIVIL RIGHTS— protection of citizens in, p. 62. CODES- -acts in relation to preparation of, ref- erence to, p. 63. acts relating to taking effect of, reference to, p. 63. commission to revise codes, act creating, p. 63. COLLEGES. See Education. congressional grant to. assent to, p. 68. Los Nitos college institute, p. 68. reference to acts relating to, p. 67. trusts for benefit of, pp. 304, 308. endoT^'ment and encouragement of, pp. 304, 308. California exhibit in woman's building, p. 1282. COLUMBIAN EXPOSITION— exhibit at, p. 1281. publication of volume showing resources of California, p. 1281. 1292 Index. COLUSA COUNTY— reference to special and local acts relating to, p. 68. boundary between and Glenn, p. 76. COMMON CARRIER— refusal to sell emigrant a ticket unlawful, when, p. 314. CONGRESSIONAL DISTRICTS— reference to acts relating to, p. 69. CONSTABLES— powers, duties and liabilities, p. 134, § 154. must attend on and serve process for justices, p. 134, § 153. not to practice law, p. Ill, § 65. compensation of, p. 147, et seq. fees of, p. 328. fees in criminal cases are a county cliarge, p. 251, § 228. reference to acts relating to, p. 69. CONSTITUTION— new. act providing for conven- tion to frame, p. 69. CONTAGIOUS DISEASES— preventing, among sheep, p. 69. CONTEMPT— police judges may punish for, p 728, § 237. CONTRA COSTA COUNTY— reference to special and local acts relating to, p. 70. wharves in, p. 1279. CONTRACTS— lighting of streets and public buildings, how contract let, p. 70. CONTROLLERS— reference to acts relating to, p. 72. additional clerk for, p. 72. CONVICTS— reference to acts relating to, p. 72. CO-OUERATIVE ASSOCIATIONS— reference to acts relating to. p. 72. CORONERS— reference to acts relating to, p. 73. duties of, p. 679, § 135. duties and powers of, p. 144, § 159, subd. 9. compensation of, p. 144 et seq. justice when to act as, p. 133, § 146. county, general powers, duties and rights, pp. 132, 133. to execute process when sheriff a party, p. 119, §104. Index. 1293 CORONERS— Coutiuued. fees of, p. 332. accounts of when a county cliari?e, n. 251, § 228. CORPORATIONS— reference to acts relating? to, p. 73. COSTS— reference to acts relating to, p. 74. COUNTIES. See Donations. particular counties. See Particular County. donations to, power to receive, p. 2G3. act authorizing receipt of gift by, p. 263. power of to take census, p. 49. are bodies politic and coi-porate, p. 78, § 1. powers to be exercised by supervisors or agents, p. 78, § 2. no fees on swearing to claims against, p. 333. division of county, effect on salaries, p. 252, § 231. reduction of population, change of class of, p. 252, § 231. created after county government act, how af- fected, p. 252, § 2.31. charges against what are, p. 251, § 228. classification of, pp. 135-139. warrants, order of payment, p. lOG. § 44. warrants for expenses, how drawn, p. 106, § 44. demands, action on rejected, p. 106, § 43. demand, failure to act on for thirty davs, p. 105, § 43. demands, against allowance in part, p. 105, § 42. demands against, rejection of, p. 105, § 42. demands against, to be approved by officers, p. 104, § 41. demands against, form of, p. 104, § 41. demands against, time of making out, p. 104, § 41. claims against, to be itemized, p. 103, § 40. claims against, anyone may resist, p. 103, § 39. officers not to make claims against, p. 103, § 39. 1294 Index. COUNTIES— Continued. officers of, who are, p. 108, § 55. division into townships, p. 109, § 56. not to loan credit, p. 78, § 5. powers of, generally, p. 78, § 4. names of, p. 78, § 3. names of in suits, p. 78, § 3. officers authorizing claims against, law, liable, p. 79, § 7. population of, p. 80, § 10. county suits, removal of, p. 81, §§ 11, 12. county seats, what are, p. 81, § 11. contracts and obligations in violation of, act void, p. 78, § G. officers charged with notice of condition of treasury, p. 78, § 6. authorized to receive gifts, p. 263. new, transfer of funds on formation of, p. 74. boundaries between various counties, acts re- lating to, pp. 75, 76. funding indebtedness of in certain counties, p. 38. inventory of property of, p. 435. funding debts and issuing bonds, p. 967 refunding funded debt, p. 969. Issuance of bonds, submission to people, pp. 972, 973. creation of bonded indebtedness for certain purposes, p. 973. COUNTY BOUNDARIES— reference to acts relat- ing to. p. 75. boundary Fresno and Tulare, p. 76. COUNTY CLERKS^reference to acts relating to, p. 76. duties of, generally, p. 675, § 124. general powers and duties of, pp. 120-121. fee for law library, duty to collect, p. 676, § 127. as witness outside of county, p. 676, § 126. original papers not to be produced in court ex- cept on subpoena, p. 675, § 125. fees of, p. 324. Index. 1203 COUNTY CLERKS -Coutiimod. compensation of, p. 140 et soq. not to practice law, p. Ill, § 05. ex-officio clerli of supervisors, p. 84, § 19. to keep and report record of police court pro- ceedings and fines, p. 728, § 238. COUNTY SEALERS. See Sealers. COUNTY SURVEYORS— fees of, p. 332. COURTS— reference to acts relating to. p. 253. act providing- for work on, p. 1114. COYOTE SCALPS— act relating to, p. 2.-33. repeal of act relating to, p. 254. CRIMINAL LAW— removal of causes. See Ve- nue. DEAF, DUMB AND BLIND— reference to acts relating to, p. 255. appropriation for buildings for, p. 255. certain powers conferred upon directors, p. 256. appropriation for improvements, p. 255. DEATH— transportation of dead bodies, p. 713. death certificate, p. 710, § 185. burial of dead bodies, p. 710, § 185. record of births, deaths and interments, p. 710, §§ 183, 184. DEBRIS COMMISSIONERS— appointment, du- ties and compensation, p. 587. DEBT. See Public Debt. state, funding acts, p. 96G. DEEDS— reference to acts relating to, p. 250. DEL NORTE COUNTY- act to prevent propaga- tion of thistle in, p. 1219. reference to special and local acts relating to, p. 2.56. DENTISTRY — Better education of practitioners, p. 256. misdemeanor, violation of provisions of stat- ute relating to, p. 258, § G. practice of, regulation of. p. 2.50. DISQUALIFICATION- Avhat interest is uot, p. 839, § 701. 1296 Index. DISTRICT ATTORNEYS— reference to acts relat- ing to, p. 260. duties of, generally, p. 129, § 132. what expenses a charge against a county, p. 251, § 228. compensation of, p. 143 et seq. general powers, duties and rights, p. 129, §§ 132-134. duty to bring action to recover money paid w^ithout authority, p. 79, § 8. duty to restrain payment of money, p. 79. § 8. duty to talie dying statements, p. 729, § 242. DITCHES. See Watercourses. joint liability of owners foi- reiDairs, p. 260, too gTeat appropriation by joint owner a misde- meanor, p. 260, act for protection of owners of ditches and flumes, p. 260. DIVISION FENCES. See Fences. DOCTORS. See Medicine. DOGS. See Animals. sheep or goats, liability of owner of dog icill- ing, p. 261. DONATIONS— to state, county, city, or town, power to receive, p, 263. management and disposition of property do- nated to city or county, p. 263. DRAINAGE, See Reclamation. abolishment of state drainage construction fund, p, 281. regulation of in buildings, pp. 978, 979. act to promote rapid drainage, p, 263. appropriation to pay indebtedness incurred, p. 281. commissioners' powers, duties, etc., p. 264 et seq. districts, formation of, pp. 276, 281, organization and government of drainage dis- tricts, p. 281. promotion of, pp. 263, 264, 276. system of drainage for agricultural swamp and overflowed lands, p. 299. Index. 1207 DRAINAG E— Continued. districts for drainage of agricultural lands, n. 281. state drainage construction fund abolished, p. 281. DRUGS. See Pharmacy. DRUNKARDS. See Inebriates. DYNAMITE. See Explosives. EDUCATION— dissemination of knowledge of arts and sciences, p. 304. endowments of colleges, schools and semi- naries of learning, pp. 304, 308. founding and perpetuating libraries, galleries and museums, p. 304. EL DORADO COUNTY— reference to special and local acts relating to, p. 313. ELECTIONS— reference to acts relating to, p. 313. power of supervisors over, p. 8(5, § 2.5. subd. 3. supervisors may submit questions at. p. 82, § IS. supervisors to provide materials for election, p. 101, § 34. certificates of election, county clerk to issue, p. 102. § 35. time of election of officers, p. 110. § .58. what officers elected in cities of second class, p. 743, § 301. time of in cities of second class, p. 743, § 301. in cities of the third class, p. 781. § 507. cities of fourtli class, elections in, p. 804, § 602 et seq. cities of fiftb class, elections in, pp. 845, 847, §§ 752, 756. officers, election of in cities of sixth class, p. 876, § 852. in cities of sixth class, p. 878, § 856. ELISOR— when to serve process, p. 110. § 105. process, how served by, p. 120, § 105. EMIGRATION— promotion of. p. 314. ESCAI'E— liability of sheriff for, p. 118. §§ 05. 07. ESTATES OP DECEASED PERSONS— refer- ence to acts relating to, p. 314. Gen. Laws— 109. 1298 Index. ESTRAYS. See Animals; Sheep. references to acts preventing animals running- at large, p. 317. act relating to estrays and repealing other acts, p. 315. EUREKA— establishment of police court in, p. 953. EXPLOSIVES— reference to acts relating to, p. 321. protection against careless and malicious use, p. 317. sales and possession of, p. 317. FACTORIES— sanitary condition of, p. 1048. FEATHER RIA^ER— bridge across a public bridge, p. 321. FEEBLE MINDED CHILDREN — additional buildings for home, p. 322. establishment of home for, p. 321. additional buildings for home, p. 322. government, management and support of home, p. 322. permanent site and buildings for home, p. 322. reference to acts relating to, p. 321. sale of site for home in Santa Clara, p. 323. water supply and se\Yerage for home, p. 322. right of way through home, grant of to So- noma county, p. 323. admission of epileptics, idiots and paralytics to home, p. 323. FIi:ES- affidavit as to fees collected, p. 218, § 218. to be paid into county treasury, p. 247, §§ 216, 218. 248- fee boolv, duty to keep, p. 247, § 217. fee book, to be open to inspection, p. 247, § 217. statement of must precede warrant for salary, p. 249, § 221. prepayment of necessary, p. 249, § 222. receiving illegal fees, declaring office vacant, p. 250. § 225. not to be charged for what services, p. 250, § 227. act establishing fees of county, township, and other officers, p. 323. Index. 1200 FEES— Continued. fees of .inrors and witnesses, establishment of, p. 323. not to be chars:ed in wliat proceedings, p. 333, how paid in cities over 100.000, p. 333. payment into treasury in cities of second class, p. 743, § 303. to be paid into treasury, p. 333. reference to acts relating to, p. 330. FELONIES— officer examining or opening bids or offers, p. 610. § 27. FENCES AND INCLOSURES— reference to acts relating to. p. 330. FERKY DEPOT— act relating to, in San Fran- cisco, p. 330. FIRE DEPARTMENT— of what consists, p. G05, § 147. regulation of, p. 634, subd. 20. reference to acts relating to. p. 340. FIRE COMMISSIONERS— Qualification, appoint- ment and term of office, p. 603, § 141. fire marshal, appointment, rights, powers and duties, p. 634, subd. 20. fire commissioners, rights powers and duties, p. 603, § 142. officers and members of, p. 603 et seq. paid members to give exclusive attention to duties, p. 605, § 145. appointment of certain officers, p. 605. § 146. organization of companies, p. 605. § 147, chief engineer, duties of. p. 606, § 148. clerk of board, his bond and duties, p. 607, § 140. allowance to disabled members, p. 608, § 152. property of. how sold. p. 607. § 150. fireman's charitable fund. p. 608. § 153. fire alarm and police telegraph, p. 702. §§ 162, 163 et seq, assistant foreman and clerk, p, 600. § 154. fire commissioners, organization and meetings of board, d. 600, § 155. 1300 Index. FIllE COMMISSIONERS— Continued. eligibility to positions in, what requisite, p. 699, § 155. investigation for violation of rules, p. 699, § 156. members, trial of and how dismissed, p. 700, § 157. worlishop at corporation yard, p. 700, § 158. restrictions on members, p. 700. § 159. salaries of officers and employees, p. 700, § 160 et seq. in cities of fifth class, p. 875, § 813. FIRE PATROL— reference to acts relating to, p. 340. FIRES— reference to acts relating to, p. 340. I'lSCAL YEAR— change in in cities operating un- der charter, p. .340. FISH— reference to acts relating to, p. 340. special laws relating to, p. 341. regulating vocation of fishing and providing for revenue, p. .341. FISH AND GAME WARDEN— reference to acts relating to, p. 341. FISH COMMISSIONERS— reference to acts re- lating to, p. 341. disposal of the Gov. Stoneman, p. 341. removal of obstructions in American river, p. 341. FLOODS— Tia Juana, act for relief of sufferers, p. 1219. protection of highways from floods, p. 366. FLUMES— joint liability of owners for repairs, p. 260. too great appropriation by joint owner a mis- demeanor, p. 260. FOREIGNERS. See Aliens. FORESTRY— repeal of acts relating to, p. 342. state board, powers and expenses, p. 342. FRANCHISES— for paths for bicycles and horse- less vehicles, p. 367. for gas companies, p. 351. FREEHOLDERS. See Board of Freeholders. »l Index. i:>01 FREE LIBRARIES. See Libraries. FREE PUBLIC MARKET-establishment of, in San Francisco, p. 984. FRESHETS— Tia Juana Hood, act for relief of sufferers, p. 1219. FRESNO COUNTY— liides of animals in, p. 355. reference to acts relating: to, p. 343. boundarj- between and Mariposa, p. 7G. boundary between and Tulare, p. 70. location of county seat of, p. 343. FRUIT TREES— act for better protection of, p. 343. pests and diseases, spreading and extirpation, p. 344. predaceous insects, importation of, p. 954. FUNDED DEBT-public debt, reference to acts relating to, p. 346. FUNDING— funding bonds, p. 966 et seq. funding indebtedness, p. 966 et seq. FUNDS. See Treasury. separate in cities of second class, p. 754, § 330. public enumeration and purpose of, p. 661 et seq. GAME— wild animals, encouraging destruction of, p. 16. reference to acts relating to, p. 346. GAME LAWS — fish, special laws relating to, p. 341. referenice to acts relating to, p. 347. wild animals, bounty, etc., destruction, p. 16. GAS— inspector, p. 348, § 2 et seq. price of in cities of certain size, p. 347. quality and standard, p. 347. GAS COMPANIES— franchise for, p. 351. contracts for lighting street, p. 352, §1 3. pipes in cities of second class, p. 763, § 359. GEOLOGICAL SURVEY— reference to acts relat- ing to, p. 352. GIFTS. See Donations. cities and counties authorized to receive, p. 263. reference to acts relating to, p. 263. supervisors must accept donations, p. 107, § 51. 1302 Index. GLENN COUNTY— reference to acts relating to, p. 353. boundary between and Colusa, p. 76. GOATS— act to prevent running at large, p. 353. sbeep or goats, liability of owner of dog kill- ing, p. 261. GOPHEKS— reference to special and local acts re- lating to, p. 1086. GOVERNOR— autborizing granting of land by for ligbt bouses, p. 562. reference to acts relating to, p. 354. GRAND ARMY— reference to acts relating to, p. 354. unlawful use or wearing of badge, p. 1086. GRAND JURY— duty of judge to instruct, p. 79, § 9. GROWING TREES. See Forestry; Fruit Trees, act relating to sbade trees in street, p. 1004. reference to acts relating to, p. 354. GUARDIAN AND WARD— abandoned cbild, guardianship of, p. 944. reference to acts relating to, p. 354. HABEAS CORPUS— no fees to be charged on, p. 250, § 227. HAMBURG HORTICULTURAL EXHIBITION — exhibit at, p. 355. HARBOR COMMISSIONERS— reference to acts relating to, p. 355. HASTINGS LAW SCHOOL-reference to acts re- lating to, p. 355. HEALTH. See Public Health. board of, organization and meetings, p. 703, § 166. board of, qualifications and appointment, p. 703, § 165. board of health, how constituted, p. 703, § 165. restrictions on employees of board of, p. 706, § 172. employees of board of, how paid, p. 707. officers and members of board of, salaries of, p. 704, §§ 168, 169. employees of board, appointment and removal, p. 705, § 170. Index. 1303 H EALTH— Continued. board of, jurisdiction and powers, p. 703, § 1G7. duty of shipmasters to report to quarantine officer, p. 707, §§ 173, 174. suits by members of, p. 715, § 197. oatli, members and officers of board may ad- minister, p. 714, § 196. report of certain diseases by tiouseholders, p. 715, § 199. quarantine officer, duty of, p. 709, § 178. quarantine ofiicer, fees of, p. 709, § 180. quarantine grounds, establisliing, p. 710, § 182. pilot of vessel^ subject to quarantine, duty of p. 707, § 175. duty of masters of vessels, p. 708, §§ 17G, 177. master not to permit landing without permit, p. 709, § 179. vaccination compulsory, p. 710, § 181. record of births, deaths and interments, p. 710, §§ 183, 184. bond of health officer, p. 714, § 195. fees and fee-book, p. 714, § 194. nuisance, how abated, p. 713, § 193. physicians to report certain diseases, p. 715, § 198. HIDES— of cattle, etc., p. 355. HIGHWAYS — regulating width of tires of wagons, p. 368. construction of state highway from Sacra- mento to Folsom, p. 367. protection and preservation of from floods, p. 366. franchises for roads for bicycles and horseless wagons, p. 367. appropriation for purchase of roads within Yo- semite grant, p. 369. grant of right of way to Sonoma county through home of feeble minded children, p. 323. department of, creation of, p. 360. department of, powers and duties of, p. 360. department of, officers' powers and compensa- tion of, p. 360. 1304 Index. HIGHWAYS— Continued. bureau of highways, duties and powers of. p. 356. bureau of highways, creation of, p. 356. uniform system of road government and ad- ministration, p. 356. enumeration of, special laws relating to, p. 1029. HOGS— reference to acts relating to. p. 369. HOME OF ADULT BLIND. See Blind. industrial home of mechanical trade, acts re- lating to, p. 370. site for industrial home of mechanical trade, p. 370. appropriations for home for. pp. 370, 371. HOME OF THE INEBRIATES. See Inebriates. in San Francisco, act repealed, p. 371. police judges mav commit to, p. 726, § 234. HOME FOB FEEBLE MINDED CHILDREN. See Feeble Minded Children. HOMES. See Aged Persons. HOMESTEAD. See Public Lands. reference to acts relating to, p. 371. HOMINC; PIGEONS— act for protection of, p. 372. HOPS— baled, rates of tare on, p. 372. HORSES. See Stallions. HORTICULTURE. See Agriculture; Forestry; Fruit Trees; Viticulture, county boards of, p. 379. horticultural districts, what are, p. 373. horticulture officer, appointment and duties, p. 374. repeal of act to promote, p. 379. state board of, p. 373. state board of, appropriation for expenses, p. 373. state board of, powers and duties, p. 373. HOSPITALS— state hospital and asylum for min- ers, p. 583. power to erect municipal hospital, p. 383. HOUSE OF CORRECTION— power to maintain, p. 638, subd. 32. Index. 130r> HOUSE OF CORRECTION— Continued, reference to act relating to, p. 383. sentence to, p. 638, snbd. 32. HUMBOLDT BAY— grant of tide lands to United States for purpose of improving, p. 383. HUMBOLDT COUNTY— act to prevent propaga- tion of thistle in, p. 1219. references to special local acts relating to, p. 384. HUNTING— reference to acts relating to, p. 384. HUSBANDRY — commission to receive national "grange, p. 384. INDEBTEDNESS. See Public Debt. public, funding acts, p. 906. INDIANS — act for government and protection of, p. 384. claims against state for service in Indian wars, p. 385. INDIGENT SICK. See Paupers. INDIGENTS. See Aged Persons. INDUSTRIAL SCHOOL— power of police judges to commit to, p. 727, § 235. maintaining and imprisonment in, p. 640, subd. 33. INEBRIATES— maintenance and care of in San Francisco, p. 371. San Francisco, home of in, p. 371. San Francisco, home of in, management of, p. 371. INFANCY. See Feeble Minded Children: Or- phans, abandoned child, guardianship of, p. 944. appropriation for support of oii>han or aban- doned child, p. 944. cruelty to children, p. 254. managers of asvlum may consent to adoption of child, p. 944. reference to acts relating to, p. 385. INFIRMARIES. See Paupers. INSANE— care, custody and apprehension of per- sons believed to be insane, p. 394. overcrowding o'f patients to be prevented, pp. 386, 399. 1306 Index. INSANE— Continued. uniform government and management of asy- lums, p. 394. discharge of persons improperly committed, p. 386. state lunacy commission, creation of, p. 394. state lunacy commission, powers and duties of, p. 394. attendance of superintendents at meetings of American institutions, p. 427. insane persons able to pay for their own sup- port, pp. 387, 389. duty to pay for support of patients in asy- lum, pp. 387, 389. guardian for persons able to pay, p. 390. Stockton asylum, new buildings, improve- ments and repairs, pp. 427, 429. Stockton, water, light and fuel for, p. 428. directors empowered to construct canal, p. 428. Napa asylum, management of, p. 431. Napa asylum, completion of, p. 431. Napa asylum, additional grounds for, pp. 429. 430. Napa asylum, appropriations for buildings, improvements and repairs, pp. 429, 430. Napa asylum, act prohibiting sale of liquor within one mile of, p. 431. Napa asylum, water supply for, p. 429. Napa asylum, conveyance of portion of prop- erty by trustees, p. 431. Mendocino asylum, erection and management of, p. 433. Mendocino asylum, improvements and build- ings in, p. 433. Mendocino asylum, appropriation for claim of McGarvan and Butler, p. 433. Mendocino asylum, name of, p. 4.33. Mendocino asylum, administration building for, p. 434, Southern California, erection and manage- ment of, p. 432. Southern California, improvements in, p. 432. Index. 1307 INSANE— Continued. Southern California, conveyance of water riglits by trustees, p. 432. Agnews, additional buildings for, p. 434. Agnews, erection and government of, p. 4;{4. INSECTS— predaceous, importation of, p. 954. INSOLVENCY— reference to acts relating to. d 434. INSURANCE— state, insurance of property of n 435. reference to acts relating to, p. 435. INTERPRETERS— reference to acts relating to, p. 435. appointment of, p. 730, § 246. duties and compensation of, p. 730, § 24(5. INTOXICANTS. See Inebriates. INTOXICATING LIQUORS— reference to acts relating to, p. 435. INVENTORY— inventory and record of state and county property, p. 435. INYO COUNTY— reference to special and local acts relating to, p. 436. IRRIGATION DISTRICTS— act to promote in-i- gation, p. 536. acts to provide for organization and govern- ment of, pp. 462, 508. act providing for examination, approval and confirmation of proceedings for issue and sale of bonds, p. 448. act providing for redemption of property sold for delinquent assessments, pp. 461, 485. act providing for reducing bonded indebted- ness, pp. 450, 504. issue and sale or exchange of funding bonds, p. 452. change of boundaries by excluding lands, p. 436. act providing for change of boundaries by in- cluding other lands, pp. 443, 500. act for leasing and disposition of water for mechanical purposes by, pp. 506, 547. act providing for abandonment of operations by, D. 541. 1308 Index. IKRIGATION DISTRICT— Continued. act providing for destruction of bonds un- sold after completion, pp. 459, 507. act providing for disorganization of districts and dividing district into classes, p. 541. JAPAN— 4'eimbursement of for extradition ex- penses, p. 549. JUDGES— plains, judges of, p. 549. reference to acts relating to courts, p. 253. duty of to instruct grand jury, p. 79, § 9. JUDGMENTS— against cities and counties of first class, how paid, p. 549. JURISDICTION. See State Lands. JURY— jurors, fees of, p. 331. sums paid grand and trial jurors a county charge, p. 251, § 228. JUSTICES OF THE PEACE— reference to acts relating to, p. 550. duties of, p. 134. § 155. number of, p. 109, § 50. number and jurisdiction of, p. 718, § 213. jurisdiction of, p. 723, § 221. fees of, p. 329. reporting fees, p. 140, subd. 14. poster of fees of, p. 250, § 224. legal process, fees for, p. 719, § 210. compensation of, p. 140 et seq. expenses of in criminal examinations, when a county charge, p. 251, § 228. process and orders, who to serve, p. 720, § 217. legal process, how issued, p. 719, § 210. offices for justices and office hours, p. 719, § 215. clerk, appointment and qualification of, p. 718, § 214. presiding justice, p. 718, § 214. trial of causes in court, p. 71S, § 213. courts, when open, p. 718, § 213. actions to be brought in, p. 718, § 213. prohibition to practice by justices, p. 724, § 220. procedure, p. 724, § 224. Index. 1309 JUSTICES OF THE PEACE— ContinutMl. who may practice in justices' courts, p. 724, § 227. new justices' court a continuation of old. p. 724, § 225. rules, p. 724, § 224. justice's docket, p. 722, § 223. justice to aid presiding justice or clerk, when, p. 723, § 222. appeals from, p. 722, § 220. certifying cases to superior court, p. 722. § 220. transfer of causes in, p. 721, § 219. disability of justice, proceedings on, p. 721, § 219. record of proceedings, p. 721, § 218. pleadings, where filed, p. 721, § 218. process, where returnable, p. 721, § 218. style of action, p. 721, § 218. additional judges, p. 725, § 228. may act as police judges, p. 729, § 241. in cities of second class, p. 768, §§ 393, 394. justices in cities of third class, p. 79G, § 500 et seq. in cities of fourth class, p. 839, § 700. JUTE GOODS— price and condition of sale of by state, D. 550. jute factory at state prison, p. 550. KERN COUNTY— references to special and local acts relating to, p. 550. boundary between and San Luis Obispo county, p. 76. KINGS COUNTY— reference to acts relating to, p. 551 KLAMATH COUNTY— act to prevent propaga- tion of thistle in, p. 1219. annexing territory in, to Humboldt and Siski- you, p. 551. reference to special and local acts relating to, p. 551. LABOR STATISTICS— bureau of, p. 5.51. appropriation for support of, p. 552. Gen. Laws— 110. 1310 ludex. LAKE COUNTY— reference to special and local acts relatlmg to, p. 552. restriction on iierding or running at large of sheep or goats, pp. 262, 354. , boundary between and Yolo, p. 75. ' LAKE TAHOE— Lake Talioe wagon road com- missioner, creation of, duties, etc., p. 552. title and right of way for wagon road to, p. 552. LAKES— recession of. sale of land, p. 11S8. LAND. See Torrens Land Act. LANES — act providing for work on, p. 1114. LARCENY"— reference to acts relating to, p. 553. LASSEN COUNTY- reference to special and local acts relating to, p. 553. boundary between and Siskiyou, p. 76. LAW LIBRAKIES— establishment of, p. 561. fee for, duty to collect, p. 676, § 127. LAW LIBRARY— San Francisco, act providing for, p. 561. LAWS— commission to promote uniformity of leg- islation, p. 554. LEGAL TENDER— what is, p. 553. LEGISLATION— commission to pi'omote unifor- mity of. p. 554. LEGISLATIVE DISTRICTS— reference to act re- lating to, p. 555. LEVEES — boundaries and government of levee district number six of Sutter county, p. 556. boundaries and government of levee district number two, in Sutter county, p. 555. formation and organization of protection dis- tricts, p. 954. funding and refunding indebtedness of levee district, p. 557. funding indebtedness of levee district number six of Sutter county, p. 556. repeal of act for formation and government of districts, p. 555. appeals from orders forming or refusing to form districts, p. 556. appeals from orders setting off, including lands or eonsolidatins: districts, p. 556. Index. 1:>1X LE VEE S— Continued. moneys to credit of reclamation districts, dis- position of, p. 557. LIBEL— reference to acts relating to, p. .500 LIBRARIES. See Law Libraries. free trustees of in cities of fourth class n 820, § 636. free, trustees of, p. 848. § 758. free, in cities of third class, p. 782, § 509. act to establish and pei-petuate, p. 304. establishment of free public libraries :ind reading rooms, p. 560. LICENSES— act forbidding issuance of to aliens, p. 15. payment of salaries of collectors, p. 561. payments to collector legalized, p. 561. collector, appointment, powers and duties, p. 680, § 188; p. 681. § 139. revenue from vocation of fishing, p. 341. permits to open liquor saloon, p. 684, subd. 4. in cities of second class, pp. 750, 751, §§ 321, 324; p. 755, § 333. in cities of third class, p. 785. in cities of fourth class, p. 812. LIENS— reference to acts relating to, p. 562. what act relating to not repealed by Code. p. 562. LIGHTHOUSES— authorizing governor to cede site for, p. 562. LIQUORS. See Inebriates. reference to acts relating to sale of, p. 563. permits for sale of liquor, p. 684. LOAN COMMISSIONERS-powers of. p. 967. LOCAL LAWS— relating to various counties. See references under various counties. LODGING HOUSES— reference to acts relating to, p. 563. LOGS— scale for measiirement of, p. 563. LOS ANGELES COUNTY— references to special and local acts relating to, p. 503. LOS NITOS COLLEGIATE INSTII^T^TE— act re- lating to, p. 68. 1312 Index. LOST WARRANTS— act relating to, p. 564. LUMBER— scale for measurement of logs, p. 563. LUMBER MANUFACTURERS— references to acts relating to, p. 565. LUNATICS. See Insane. MADERA COUNTY— creation and organization of, p. 565. MANUFACTURED GOODS— reference to acts relating to, p. 565. MAPS— penalty for selling lots before filing map. p. 565. recording maps of cities, subdivisions, or tracts, p. 565. MARIN COUNTY— reference to local acts affect- ing, p. 566. MARIPOSA COUNTY— boundary between and Fresno, p. 76. free wagon road, from to Y"osemite Valley, p. 1282. hides of animals in, p. 355. references to special and local acts relating to, p. 506. MARKET— public, establishment of in San Fran- cisco, p. 984. MARKS AND BRANDS— Siskiyou, marks and brands in, p. 567. MARSHAL— fees of, p. 328. in cities of sixth class, p. 893, § 880. MARSHALL MONUMENT— guardian for, p. 567. MARYSVILLE— bridge across Feather river at, p. 321. MASTER AND SERVANT— arbitration between employer and emjiloyee, p. 18. bureau of labor statistics, p. 551. bureau of labor statistics, powers and duties, pp. 551, 552. to protect wages, salaries and fees, p. 567. sanitary condition of shops and workshops, p. 1048. MAYOR— to sign ordinances and resolutions, p. 942. qualifications, powers and duties of, p. 672 et seq., §§ 118-120. Index. 1313 MAYOR— Continued. cities of fourtli class, duties and powers of. p. 829, § 670. in cities of third class, powers and duties of. p. 795, § 550. riglits, powers and duties of mayors in cities of second class, pp. 763, 764. ex-officio chairman of board of health, p. 703, § 166. to see public contracts carried out, p. 717. § 204. appointment of gus inspector, p. 348 et seq. MEASURES. See Weights and Measures. MECHANICS' LIENS— for materials and labor on public works, p. 994. MECHANICS' INSTITUTE— creation and endow- ment of, p. 308. reference to act relating to, p. 567. MEDICINE— act regulating practice of medicine, pp. 568. 574. jBlling false or forged license, p. 573, § 13. practicing without license, p. 573, § 13. regulating practice of, so as to prevent blind- ness, p. 576. MENDOCINO COUNTY— references to special and local acts relating to, p. 576. herding of sheep in, p. 262. MERCED COUNTY' -references to special and lo- cal acts relating to, p. 576. MEXICAN WAR. See Veterans' Home. MILITARY ACADEMIES— furnishing arms for use of military academies, p. 577. MILITARY RESERVATIONS— ceding jurisdic- tion to United States over lands acquired for military purposes, p. 1091. ceding title to lands to United States for mili- tary purposes, p. 1091. MINERAL CABINET— management and protec- tion of, p. 578. establishment of in state library, p. 578. removal from state library, p. 578. 1314 Index. MINERALOGICAL BUREAU — editing manu- scripts of mineralogist, appropriation for, p. 578. state mining bureau, establisliment, manage- ment and support, p. 578. MINERALOGIST— state, creation of office of, p. 578. See Mineralogical Bureau. MINES AND MINING. See Mlneralogieal Bu- reau. debris commissioner, appointment, duties and compensation of, p. 587. coal mines and coal miners, protection of, p. 580. locating claims, manner of, p. 592. locating claims, recording notices, p. 592. defective locations, amending, p. 592. records, deposit with recorder, p. 592. recordation, effect of, p. 592. drainage of mines, p. 595. hydraulic mining, statements of drainage owners, pp. 271, 272, §§ 19, 20. recording notices of location and affidavits, ef- fect of, p. 592. sale of mineral lands, p. 591. repeal of, act regulating sale of mineral lands, p. 591. drainage of mines, p. 595. protection of miners and modes of escape, p. 579. second shaft and modes of escape, p. 579. rights of way and easements, p. 595. working of mines, p. 595. state hospital and asylum for miners, p. 583. uniform system of bell signals, p. 584. mining partnerships, act relating to, p. 579. reference to acts relating to, p. 579. MINING BUREAU— establishment of state, p. 578. MINORS. See Infancy; Orphans. MISDEMEANOR— appropriation of too great pro- portion from ditch or fltime, p. 2G0. Index. 1315 MISDEMEANOR— Continued. public land, interfering with settler on, p. 983. selling- lots before filing map, p. GGo. violation of statute relating to surgery, p. 574, § T. waste of water, p. 20. disinterring bodies without permit, p. 4G. refusal to sell ticket to emigrant, p. 314. MISSING PERSONS— trustees for estate of, p. 597. MODOC COUNTY— creation and organization of, p. 599. herding of sheep in, p. 262. MONO COUNTY— references to special and local acts relating to, p. 599. MONTEREY CITY— repeal of act to incoi-i)orate city, p. 600. MONTEREY COUNTY— hides of animals in, p. 355. references to special and local acts relating to, p. 600. indebtedness between and San Benito and pay- ment of, p. 1032. MORGUE— public, in San Francisco, construction and maintenance, p. 600. MORTGAGES— reference to acts relating to, p. 600. disposition of moneys from taxes on, p. 1215. MUNICIPAL CORPORATIONS. See Parks; Pub- lic Debt; Public Works, bonds, destroying unsold, p. 39. contracts for lighting streets and l)uildlngs, how let, p. 70. donations to, power to receive, p. 263. election of freeholders, p. 37. power of, to take census, p. 49. act authorizing franchise for railroads to parks beyond city limits, p. 1023. water rates, supervisors to fix rates, p. 939. organization and incorporation of, validation of, p. 917. acts of, validating, p. 923. 1316 Index. MUNICIPAL CORPORATIONS— Continued. altering boundaries and excluding territory, pp. reorganization of, validating proceedings, p. 918. annexation of territory to, p. 931. exclusion of territory, adjustment of debts and property riglits, p. 936. 928, 934. annulling cliarter and acting under general laws, p. 919. classification of, p. 922. fifth class, obtaining water works, p. 939. fees in cities over 100,000. how paid, p. 333. contracts, how made, p. 672, § 107. printing and advertising to be let to lowest bid- der, p. 671, § 106. how consolidated, p. 609, § 8. right to incorporate, p. 603, § 1. manner of organization, p. 603, § 2. election for organization, how conducted, p. 605, § 3. incorporated city, incorporation of under mu- nicipal corporation bill, p. 605, § 4. effect of reincorporation under municipal gov- ernment act, p. 607, § 5. appropriation bills, p. 627, § 61. boundaries, how changed, pp. 608, 928, 931, 934. -audited, meaning of, p. 663, § 92. demands, setoff to be deducted, p. 663. demands of officers, when not to be audited, p. 662, § 91. demands, must be audited, p. 662, § 91. ordinances appropriating money, p. 627, § 61. not liable for injuries from defects in streets, p. 659, subd. 87. protection of towns from overflow, p. 924. waterworks, sale of excess of water, p. 920. change of fiscal year, p. 340. judgments against cities over 100,000, how paid, p. 549. trusts in favor of settlers on town lands, exe- cution of, pp. 903 et seq. Index. mn MUNICIPAL CORPORATIONS— Contiiniod. municipal corporation bill, p. GOl. payments of public fund, when only to be made, p. (362. public funds, enumeration and purposes of, p. 661 et seq. demands, what to be allowed, p. G(»:{, § [y.\. demands against, payment and registry of, p. 665, § 96. allow^ance of illegal claims, liability for, pp. 665, 666, §§ 95, 97. nonpayment of audited claims, investigation of, p. 666, § 97. claim against, rejection of, p. 667. § 99. claims against over $500, p. 627, § 61. claims against, opinion of city attorney, p. 667, § 100. one-twelfth act, p. 668, § 102. one-twelfth act, when does not apply, p. 671, § 105. act authorizing city to receive gift, p. 263. conveyances by cities for educational or char- itable purposes, ratification of, p. 9.39, water rates, fixing of, p. 1268. acquiring water and water rights, p. 939. officers not to be interested in contracts, p. 874, § 811. effect of municipal government bill on ex- isting offices and statutes, pp. 741, 742. lease, purchase and operation of gravel beds and quarries, p. 921. act conferring power to erect municipal hospi- tal, p. 383. use of gravel for roads, p. 921. drainage of towns, p. 924. bonds for drainage and protection of towns from overflow, § 924. funding indebtedness and issuing bonds, p. 967. Issuance of bonds, submission to people, pp. 972. 973. payment of debt in certain cities submission to people, p. 972. 1318 Index. MUNICIPAL CORPORATIONS— Coutiniied. repeal of act authorizing certain cities to ob- tain waterworks, p. 1013. repeal of act aiitliorizing indebtedness by, p. 1013. franchise for railroad to parks outside city lim- its, p. 1023. first class, legislative department, p. 621. first class, executive department, p. 672. first class, legislative power, how vested, p. 621, § 40. first class, general powers of cities, p. 612, § 19. first class, names, member and terms of office, p. 612, § 20. second class, name of. p. 742, § 288. second class, powers of generally, p. 742, § 288. second class, sale of property in, p. 751, § 322. second class, bonded indebtedness of cities of, p. 754, § 331. second class, debts of cities of, p. 753, §§ 328, 329. second class, separate funds in cities of, p. 754, § 330. second class, not liable for injury from defec- tive streets, p. 765, § 376. third class, debts of. laws relating to continued in force, p. 703, § 534. third class, debts of and demands against, pp. 787, 788, 793. third class, officers of, p. 779, § 501 et seq. third class, names of and general powers, p. 770, § 500. third class, river improvement, p. 794, § 535. third class, public work to be done by contract, p. 794, § 536. fourth class, indebtedness not to exceed means, p. 814, § 623. fourth class, contracts for work and labor, p. 817, § 628. fourth class, demands against, p. 814, § 624. fourth class, expenditures of, p. 814 et seq. fourth class, name of and powers generally p. 803, § 600. Index. KilU MUNICIPAL COKPOKATIOXS— Contimifd. fourth class, officers of, p. 803, § GOl. fourth class, clej.-k of city of, p. 831, § GTG. fifth class, name and powers of, p. 845, § 750. fifth class, public work to be contracted for, n 861, § 777. fifth class, indebtedness of, and demands against, p. 854 et seq. fifth class, officers of, p. 845, § 751. fifth class, act authorizing obtaining of water- works by, p. 939. school bonds, issuance of by cities of fifth class, p. 1064. sixth class, name and powers of, p. 876. § 850. sixth class, officers of, cities of, p. 876, § 851. sixth class, act to enable to elect officers, p. 896. sixth class, dislncorporation of, p. 890. sixth class, indebtedness of and demands against cities of, p. 889, § 875. sixth class, public work to be done by con- tract, p. 888, § 874. sixth class, officers not to be interested in con- tracts, p. 895, § 886. MUSEUMS — acts to establish and perpetuate, pp. 304, 308. NAPA COUNTY— act to define northern bound- ary of, p. 76. references to special and local acts relating to, p. 940. NATIONAL GUAIID— reference to acts relating to, p. 940. NAVAL BATTALION— reference to acts relating to, p. 941. NEGLIGENCE— injuries from defects in street, liability for, p. 659, subd. 87. NEVADA COUNTY— references to special and lo- cal acts relating to, p. 941. exemption of firemen from poll tax. p. 1217. NORMAL SCHOOLS— reference to acts relating to. p. 941. NOTARIES— reference to acts relating to, p. 941. officers not to act as, p. Ill, § 65. 1320 Index. NOTICE— wliat includes, p. 116, § 88. fees for publication of, p. 109, § 57. posting of notices of proceedings of supervis- ors, p. 106, J 47. NUISANCES— how abated, p. 713, § 193. what are, p. 789, § 530. what are, in cities of first class, p. 857, § 770. what are in cities of fifth class, p. 874, § 812. what are in cities of sixth class, p. 885, § 868. OATHS— members and officers of board of health may administer, p. 714, § 196. what school officers may administer, p. 734, § 250. president of school board in cities of second class may administer, p. 774, § 413. officers and deputies, power to administer, p. Ill, § 63. who may administer, p. 665, § 95. OFFICERS— bureau of labor statistics, p. 551. bureau of labor statistics, powers and duties, p. 551. preference of discharged Union soldiers and sailors, p. 989. county, who are, p. 108, § 55. township officers, who are, p. 109, § 56. election of, time of, -p. 110, § 58. municipal government bill, e^ect on- officers, pp. 743, 744. duties of officers to report breaches of con- tracts, p. 717, § 204. eligibility to office, p. 108, § 54. certificate of election, county clerk to issue, p. 102. § 35. who may administer oaths and take testimony, p. 665, § 95. examination of books of officers having funds, p. 668, § 101. reference to acts relating to, p. 941. aliens, act forbidding aliens to hold office, p. 14. books of officers, right of inspection of, p. 6G5, § 95. Index. 1321 OFFICERS— Continued. allowance of illegal demand, liability lor, pp. G65, 6G6, §§ 95, 97. receipts by officers, p. 606, § 98. duties of officers under the one-twelfth act, p. 669, § 103; p. 670, § 104. powers are expressly enumerated, p. 628, § 62. absence from state, p. Ill, § 64. who not to practice law, p. Ill, § 65. notaries, officers not to act as, p. Ill, § 65. salaries of officers, p. 140 et seq. salaries, how and w^hen payable, p. 135, § 156. salaries, statement of fees must precede war- rant for, p. 249, § 221. salaries, how paid, p. 249, § 220. salary fund, p. 248, § 219. salary to be in full payment, p. 333. salaries of, effect of division of county, p. 252, § 231. salaries of officers in cities of first class, p. 615 et seq, § 26. refusal to perform services after fees tendered, p. 249, § 222. receiving- lllpgal fees, declaring office vacant, p. 250," § 225. fees and compensation of officers, p. 613, § 23; p. 615, § 25. services performed by successor, payment for, p. 250, § 226. duty of outgoing officers, p. 607. § 6. vacancies, how filled, p. 613, § 22. keeping open of offices, p. 613, § 21. opening or examining bids a felony, p. 619, § 27. officers not to be interested in contracts, p. 619, § 27. office hours, p. 110, § 61. residence of officers, p. 110, § 61. office includes deputies, p. 110, § 60. deputies, power to appoint, p. 110, § 59. oaths, officers, and deputies, power to adminis- ter, p. Ill, § 63. Gen. Laws— 111. 1322 Index. OFFICERS— Continued. officers not to be interested in public con- tracts, p. 874, § 811. autliorizing claims in violation of statute lia- ble, p. 79, § 7. not to make claims against county, p. 103, § 39. reports of, p. 018, § 29. differences between, liow settled, p. 620, § 28. cities of first class, duty to pay over moneys, p. 874, § 810. cities of second class, salaries of officers in, p. 744, § 307. city of second class, vacancy in office in and filling of, p. 744, § 305. cities of second class, oath of officers in, p. 744, § 306. cities of second class, election and term of of- fice of officers in, p. 743, § 301. cities of second class, what officers to be elect- ed in, p. 743, § 301. cities of second class, reports of officers in, p. 767, § 379. cities of third class, officers of, p. 779, § 501. cities of third class, officers not to be interest- ed in contracts, p. 802, § 591. cities of third class, eligibilitA' to office in, p. 782, § 508. cities of third class, vacancies in offices in, p. 781, § 505. cities of third class, compensation of officers of, p. 781, § 506. cities of third class, election and teniu'e of of- fice in, p. 780, § 502. cities of third class, appointment of officers in, p. 780, § 503. cities of third class, paying moneys into treas- urer, p. 802, § 590. cities of third class, compensation of officers in, p. 796, § 553. cities of fourth class, officers of, p. 803. § 601. cities of fourth class, salaries of officers of, p. 807. Index. ];j23 OFFICERS— Contiuiied. cities of fourtli class, vacancj' iu office in. p. 806, §§ 605, 606. cities of fourtli class, salaries of officers of, n. 838, § 699. cities of fourth class, deputies in, p. 830. § <;72, cities of fifth class, officers of, p. .^r>, § 7r>l. cities of fifth class, election and term of office p. 845, § 752. cities of fifth class, eligibility to office in. p. 848, § 757. cities of fifth class, supervisors to prescribe duties and compensation in, p. 867, § 791. cities of fifth class, filling of vacancies in office in, p. 846, § 754. cities of fifth class, salaries of officers in. p. 847, § 755. cities of sixth class, officers of, p. 876. § 851. cities of sixth class, election and tenure of of- fice in. p. 876, § 852. cities of sixth class, vacancies in office in. p. 878, § 854. cities of sixth class, eligibility of officers in, p. 879, § 857. cities of sixth class, act enabling, to elect of- ficers, p. 896. cities of sixth class, not to be interested in contracts in, p. 895, § 886. cities of sixth class, trustees to fix duties and compensation in, p. 894, § 881. cities of sixth class, payments into treasury by officers in, p. 895, § 885. cities of sixth class, salaries of officers in. p. 878, § 855. OLEOMARGARINE— reference to acts relating to, p. 942. OLIVE OIL— reference to act relating to, p. 942. ORANGE COUNTY— creation and organization of, p. 942. ORDINANCES— enacting clause of. p. 99. § 26; p. 628, § 63. passage of, p. 625, § 56. validity of, p. 625, § 56. 1324 ludex. ORDINANCES— Continued. reconsideration of, p. 626, § 59. re-enactment of, p. 626, § 58. amendment of, pp. 625, 626, §§ 56, 57, 58. signing of, p. 626, § 60. signing and attesting and entry of, p. 99, § 26. publication of, p. 99, § 26; p. 627, § 61. veto of, p. 627, § 61. manner of submission to people, p. 82, § 13. when to be submitted to people, p. 82, § 13. taking effect of, time of, p. 99, § 26. appropriating money, p. 627, § 61. appropriation bills, p. 627, § 61. second class, ordinances in cities of, p. 751, § 324. violation of ordinances of cities of third class a misdemeanor, p. 788, § 529. in cities of third class, p. 784, § 523 et seq., p. 787, § 525. in cities of fourth class, pp. 819, 820. in cities of fifth class, pp. 853, subd. 16, 854, 855, 857; §§ 768, 769. in cities of sixth class, pp. 880, 882, 883. mayor to approve of, p. 942. ORPHANS— abandoned child, guardianship of, p. 944. appropriations for relief of asylums, p. 944. appropriation for support of orphan or aban- doned child, p. 944. care of orphan and abandoned children, p. 944. managers of asylum may consent to adoption of child, p. 944. reference to acts relating to. p. 944. OYSTERS— encouraging planting and cultivation of, p. 945. PARASITES— importation of, p. 954. PARENT AND CHILD— abandoned child, guard- ianship of, p. 944. appropriation for support of orphan or aban- doned child, p. 944. managers of asylum may consent to adoption of child, p. 944. Index. 1325 PARK COMMISSIONERS-appoiDtment nn.l ,lu- ties, p. 715, § 200. meetings and quorum, p. 715, § 200. PARKS— authorizing cities to acquire, maintain, and improve, p. 986. authorizing supervisors to levy tax to support p. 986. commissioners authorized to accept donations. p. 986. commissioners, powers and duties, p. 715 5 200. consent of state to resei*vation by Congress for pari?, p. 987. construction of roads to parks outside city lim- its, pp. 987, 1023. employees of commissioners, p. 710, § 201. surveyor ex officio engineer, p. 716, § 201. taxes for improvement, how levied, p. 716, § 202. reports of commissioners, p. 717, § 203. powers of commissioners, p. 716. § 201. prisoners working in, p. 716, § 201. jurisdiction of cities over parks outside limits and streets leading thereto, p. 987. maintenance and support of, p. 986. PARTITION FENCES. See Fences. PAUPERS. See AgTiculture; Soldiers; Veterans' Home, support of, a county charge, p. 251, § 228. acts relating to county infirmaries, reference to, p. 385. PAYMENT— legal tender, what is, p. 553. PENSIONS— no fees to be charged, p. 333. teachers' annuity and retirement fund. p. 1069. PESTS— predaeeous insects, importation of, p. 954. PHARMACY— act regulating practice of in San Francisco, pp. 575, 948, § 7. regulation of practice of, p. 945. PHYSICIANS. See Medicine; Veterinary Surgery. duty to report certain diseases, p. 715. § 198. PIGEONS— homing, act for protection of. p. 372. 1326 Index. PILOTS— reference to acts relating to, p. 951. of vessel subject to quarantine, duty of, p. 707, §175. PLACER COUNTY— exemption of firemen from poll tax, p. 1217. references to special and local acts relating to, p. 951. PLAINS— judges of, p. 549. PLANS— of public buildings, alteration of, p. 1012. PLUMAS COUNTY— references to special and lo- cal acts relating to, p. 952. PLUMBING— regulation of in buildings, pp. 978, 979. POISONS— reference to acts relating to, p. 952. regulating sale of, p. 945. POLICE— reference to acts relating to, p. 952. See Police Department. POLICE COURTS. See Municipal Corporation Bill— Judicial Department. in cities between 3(>,0(»0 and 100,000, p. 953. in cities betAveen 15,000 and 18,000, p. 952. creation of police court tT\'o in San Francisco, p. 953. creation of police court department three in San Francisco, p. 953. creation of department 4 in San Francisco, p. 953. Marysville, police court in, p. 952. establishment of in Eureka, p. 952. act transferring lousiness records to after new constitution. See Code of Civil Procedure, Appendix, p. 865. assignment to departments, p. 725, § 229. distribution of business, p. 725. § 229. always open for business, p. 725, § 229. office hours, p. 728, § 239. departments and sessions of. p. 725, § 229. not a court of record, p. 725, § 229. have a seal, p. 725, § 229. power and jurisdiction of, p. 725 et seq. justice may act as police judge, p. 729, § 241. fines, payment into treasurer, p. 729, § 240. Index. 1?.27 POLICE COURTS— Coiitiuuod. records of proceedings and fines, coiiniv clerk to keep, p. 728. § 238. bailiffs for, p. 730, § 244. abolition of courts and ti-ansfer of rrc(M. p. 730, § 245. new police courts, poAYers of, p. 730, § 245. qualification of attorney in, p. 730, § 243. sentencing to labor on public works, p. 727, § 236. in cities of second class, pp. 7(')7 et seq. in cities of third class, p. 79G, § 500 et seq. In cities of fourth class, p. 833 et seq. POLICE DEPARTMENT— reference to acts relat- ing to, p. 953. department of, what consists, p. GSl, § 140 et seq, police commissioners, how appointed, p. 681, § 140. police commissioners, powers of, p. 681 et seq. officers of department, appointment, powers and duties, pp. 688 et seq. police commissioners, qualifications of. p. 681, § 140. fire alarm and police teleg-raph, p. 702. §§ 162, 163 et seq. In cities of second class, p. 763, § 358. chief, duty of in cities of second class, p. 764, § 372. in cities of fourth class, p. 833 et seq. salary of chief of police in cities of f (Mirth class, p. 830, § 673. in cities of fifth class, p. 866, § 790. POOR LAWS. See Paupers. POPULATION— authorizing taking of census, p. 49. counties, population of, p. 80, § 10. PREDACEOUS INSECTS— importation of, p. 954. PRE-EMPTION. See Public Lands. PRISONS— expenses of prisoners a county charge, p. 251, § 228. police commissioners may designate, p. OSo, § IG. 1328 Index. PRIZE FIGHTING— reference to acts relating to, p. 954. PROCESS— what includes, p. 116, § 88. service and return of, p. 117, §§ 91-93. duty of sheriff to execute, p. 116, § 88 et seq. direction by attorney or party as an excuse, p. 118, § 98. duty of sheriff to show, p. 119, § 101. service of where sheriff a party, p. 119, § 104. when may be served by elisor, p. 119, § 105. PROSTITUTION -reference to acts relating to, p. 954. PROTECTION DISTRICTS— act providing for formation of, p. 954. reference to acts relating to, p. 966. organization and formation of, p. 954. PUBLIC ADMINISTRATOR— duties of, p. 134, §§ 151, 152; p. 678, § 134. compensation of. p. 145 et seq. reference to act relating to, p. 966. fees of, p. 332. PUBLIC BUILDINGS— contract for lighting, how let, p. 70. PUBLIC DEBT— funding of, reference to acts re- lating to, p. 340. payment of private claims allowed at 31st ses- sion, p. 967. redemption and payment of funded debt bonds, p. 966 et seq. reference to acts relating to, p. 346. state funding acts, reference to, p. 346. county indebtedness, power to refund, p. 90, § 25, subd. 13. repeal of act relating to refunding of indebted- ness and issuance of bonds, p. 969. state, creation of debt in excess of appropria- tion, prohibition of, p. 975. incurring of for watei'works, sewers, or public improvements, p. 1013. repeal of act authorizing incurring of inde'bted- ness by cities, p. 1013. destroying unsold city bonds, p. 39. Index. 1329 PUBLIC DEBT- Continued. funding debts of counties in certain cases d 38. redemption and payment of funded debt bonds of state, p. 966. payment of funded indebtedness of state and contracting of funded debt, p. 967. payment of certain private claims allowed by legislature, p. 967. cities, funding indebtedness and issuing of bonds by. p. 967. counties, funding of, indebtedness and issu- ing of bonds, p. 969. counties, refunding funded debt at less inter- est, p. 971. issue of bonds, submission to electors, pp. 972, 97S. counties, creation of funded debt for certain pui*poses, p. 973. payment of debts in certain cities, submission to people, p. 974. PUBLIC HEALTH. See Sanitary Districts. reference to acts relating to, p. 976. sanitary condition of factories and workshops, p. 1048. removal of bodies from cemetery, p. 46. attorney for board of health in San Francisco, p. 976. appropriations to prevent introduction of con- tagious diseases, p. 976. prevention of introduction of contagious dis- eases into state, p. 976. purchase and manufacture of diphtheria anti- toxine, p. 977. board of health granted power to regulate plumbing and drainage, pp. 978, 979. general vaccination, p. 981. quarantine and sanitary laws for San Francis- co, p. 1019. Sacramento, dispensary in, p. 978. act to prevent exhumation and removal of bod- ies, p. 46. 1330 Index. PUBLIC HEALTH— Continued. ordinances and rules to govern and preserve, p. 95, § 25, subd. 20. appointment and powers and duties of health officer, p. 95, § 25. subd. 20. PUBLIC IMPROVEMENTS. See Public Works; Sewers; Water Companies. PUBLIC LANDS. See State Lands. act for the better protection of settlers, p. 983. penalty for interference T\'ith settlers, p. 983. protection of bona fide settlers, p. 1092. protection of pre-emption and homestead claim- ants, p. 1082. reference to acts relating to, p. 553. See State I^nds, PUBLIC LIBRAKIES. See Libraries. PUBLIC MARKET— formation of in San Fran- cisco, p. 984. PUBLIC PARKS. See Parks. reference to acts relating to, p. 986. PUBLIC WORKS— act authorizing cities of first class to acquire site for, p. 996. condemning property for. p. 996. commissioner of, act creating, p. 987. commissioner, powers, duties, and compensa- tion, p. 987. commissioner of, auditing board to, creation, powers and duties, p. 989. plans of, alteration of, p. 1012. act regulating erection of public buildings, p. 1000. act regulating contracts on behalf of state in relation to, p. 1001. product of Chinese labor not to be used on. See Pol. Code, § 3235. preference of ex-Union soldiers and sailors, p. 989. preference in purchase of supplies for. See Pol. Code, §§ 3247, 3249. act authorizing indebtedness to construct sew- ers, water^'orks, and public Improvements, p. 1013. Index. i:J31 PUBLIC WORKS— Coutiuuod. completion of unfinished public buildiiiixs nn 1010, 1012. securing claims of materialmen, mechanics, and laborers, p. 994. power to condemn land for site, p. 994. minimum rate of compensation for labor u 994. ' ^' felouy, being interested in contract, p. 993, § 9. repeal of act relating to incuiTing public debt. p. 1013. repeal of act relating to waterworks in certain cities, p. 1013. plans of, change in, pp. 102, 103, §§ 37, 38. QUARANTINE. See Health. act establishing for San Francisco, p. 1019. against animals brought from infected dis- tricts, p. 1019. RAILROADS— reference to acts relating to, p. 1022. franchises to public parks beyond city limits, p. 1023. right of way to Southern Cal. Ry. Co. over asy- lum grounds, p. 1022. cars to be inspected by board of health, p. 97r,. RAMIE — bounty for ramie culture, p. 1024. encouragement of cultivation of, p. 1024. READING ROOMS. See Libraries. REAL ESTATE. See Torrens Land Act. RECLAMATION DISTRICT-appeals from orders forming or refusing to form, p. 1029. appeals from orders relating to districts, p. 102&. bonds, issuance, disposal, and payment of, p. 1024. distributing proceeds of sales of swamp lands to, p. 1029. districts formed before code subject to. p. 1029. facilitating equalization of assessments, p. 1029. payment of swamp land district funds into counties of the districts, p. 557. 1332 Index. RECLAMATION DISTRICT— Continued. petition to form in Yolo and Solano, power of supervisors, p. 1029. REOOEDER— county, general powers and du ties of, pp. 123, 128. compensation of, p. 141 et seq. duties of generally, p. 677, § 131. fees of, p. 327. RECORDER'S COURT— in cities of fifth class, p 873. recorder when disqualified, p. 873, § 808. in cities of sixth class, p. 894, §§ 882 et seq. recorder, disqualification of, p. 895, § 884. RECORDS— reference to acts relating to, p. 1030. RED BLUFFS— amendment of act incorporating, p. 1217. RESOLUTIONS— mayor to approve of, p. 942. RIVERSIDE COUNTY— refei-ence to acts relating to, p. 1030. ROADS— enumei-ation of special laws relating to, p. 1030. RODEOS— reference to acts relating to, p. 1031. ROSTER. See Blue Book. SACRAMENTO CITY AND COUNTY— references to special and local acts relating to, p. 1031. redemption of bonded indebtedness, p. 1031. amendment of act incorporating city, p. 1031. state highway from Sacramento to Folsom, p. 367. dispensary in, p. 978. SACRAMENTO RIVER- improvement of naviga- tion of, p. 263. SAILORS. See Soldiers; Veterans' Home. SALINAS CITY— amendment of act to reincorpo- rate, p. 600. SAN BENITO COUNTY^— reference to acts relat- ing to, p. 1031. creation and organization of county, p. 1032. indebtedness between and Monterey, payment of, p. 1032. transcription of records from Fresno and Mer- ced, p. 1032. ludex. 1 ;;;;;; SAN BEKNAKDIXO COUNTY -iclen-iucs to special aucl local acts relatiii}; to, i>. l(i:i,'{. SAN L)lE(iO COUNTY— liilots in. See Pol. Code. Appendix, title **I*ilots.'' references to special anil local acts relaiiiij; to, p. 1033. amendment of act to reincorporate tlu' <-iiv. p. 1033. SAN FIIANCISCO CITY AND COUNTY hoard of health, attorney for, p. OKI. coroners in, act concerning. See Penal Code. Appendix, title "'Coroners." coroners in, assistants to. See Penal (\ide. >Vp- pendix, title ''Coroners." assistants to city and connty attorucvs. p. 1034. tli county clerk, depnties and assistants (tf in San Francisco, p. 1034. fees, how paid in, p. 333. fire department, p. 1034. ferry depot in, p. 339. free market in. act author izin.u'. p. 0S4. gas, contract for lighting gas in. ]). ?>~)2, § 3. gas, price and quality of in. p. 347. gas inspector in. p. 347. harbor commissioners, acts concerning water front and jurisdiction of. See Appendix, Pol. Code, title, "San Francisco." judgments, how paid, p. ."i-IO. home of inebriates of, p. 371. home of inebriates— act repraled. !•. .".71. inebriates in. maintenance and care of. p. 371. hospital, power to erect, p. 383. disti'ict attorney in, assistants of. p. 1034, house of correction, p. 383. election commissioners and secretary in. See Pol. Code, §§ 1075, 1077. 1070. election laws in. act relating to violation of. See Penal Code, p. 'l^. elections, special in. See Pol. Code. Appendix. title "Elections," fees, how paid in cities over 100.000. p. ,333. Gen. Laws— 112. 1334 Index. SAN FKANX^ISCO CITY AND COUNTY-Con- tiniied. fire department, act to increase efficiency of in. See Pol. Code, Appendix, title "Fire Depart- ment." fire department, salaries of officers of. See Pol. Code, title "Fire Department." interpreters in, p. 1028. judgments against, bow paid, p. 549. law library— act providing for, p. 1034. morgue in, p. GOO. municipal bospital— power to build, p. 1034. notary in, appointment of for tbe Presidio. See Pol. Code, Appendix, title, "Notaries." park commissioners, authorized to accept dona- tions, p. 263. public works, power to condemn land for, p. 1>9(). pharmacy, act regulating practice of in San Francisco, p. 575. quarantine and sanitary laws in, p. 1019. public buildings, condemnation of. p. 1034. references to special and local acts relating to, p. 1033. registration of voters in. See Pol. Code. Ap- pendix, title "Elections." tax, collection of r.ersonal property, act abolish- ed, p. 10.34. training ship in, p. 1258. water front in, amendments of net relating, p. 1033. treasurer in. deputies of, p. 10.34. SANITARY DrSTRrCTS-formnt'on, government, operation, and dissolution of, p. 1035. SANITARY LAWS. See Public Health. SAN .TOAQUIN COUNTY— references to special and local acts relating to, p. 1049. SAN .JOAQUIN RIVER— improvement of naviga- tion of. p. 2G3. SAN UUIS OBISPO COUNTY— references to spec- ial and local acts relating to, p. 10,^0, boundary between and Kern. p. 70. Index. 1X15 SAN MATEO COUXTY-relVioiK-cs to spo.-ial i.ml local acts relatini;- to, p. Kir.d. grant of certain tide lands lo. p. llsT. SAN PEDKO— pilots in. Sec Pol. Codi', Appen- dix, title "Pilots," SANTA BARBARA COUNTY -leliiencos to 81kh.-- ial and local acts relating to, p. Kir.o. SANTA CLARA COUNTY— act providing addi- tional judge for. See Code of Civil Trocctl- ure, p. 811. references to special and loc:il acts rclniiiig to, p. 1050. amendment of act to reincoriionitc ciiv. p. 1050. SANTA CRUZ COUNTY— references to special and local acts relating to, p. 1051. SCALES— scale for measniement of loijs, \). oOli. SCHOOL LANDS. See State Lands.' SCHOOL OF INDUSTRY— reference to acts relat- ing to, p. 1051. SCHOOL OF REFORM— reference to acts rcliiting to, p. 1051. SCHOOLS— protection of state school books, p. 1051. safe and storekeeper to protect state school books, p. 1051. compilation and publication of state series of text books, pp. 1052, 1055. 1001. compilation and publication of work on civil government, p. 1055. revision of certain books of state s ries. p 1001. levy and collection of taxes in cities of first class, p. 1063. bonds, issuance of bv cities of fifth class, p. 1064. superintendent of public instruction, clerk in office of, p. 1068. teacher's annuity and retirement fund, p. lT vt sv{\. no sectarian school to rrcelvc iii(tnr\. |i. Tin. § 271. no member to disburse money or accj'pt ;:irt. p. 740. § 272. second class, board of examiners in cities <»f. p. 774 et seq. second class, certificates in cities <»r. p. 77.".. second class, superintendent in cities of. p. 77r» et seq. second class, funds in cities of. p. 77<> et seq. second class, debts and demands in cities of, p. 778, § 423 et seq. second class, boards of education in ciiics (»f. p. 771 et seq. second class, schools in cities of. p. 771 et seq. third class, school fund in cities of. p. 703, § 534. third class, board of education in cities of, p. 798 et seq. third class, schools in cities of. p. 71>S (>t seq. fourth class, boards of education in cities of. p. 83i\ § 711. fourth class, superintendent in cities of. p. 840, § 712. fourth class, boards of examination and certifi- cates in cities of. p. 843. fourth class, fund how coustitutiMl and api)lied in cities of, p. 843 et seq. fourth clasf=!. schools in cities of. ]). 830 t-t seq. fourth class, cities of. vacanc.v in trustees, p. 80G, § 606. fifth class, treasurer is custodian of funds in cities of, p. 871. § 800. fifth class, demands against in cities of. pp. 871. 872. fifth class, president may compel atteny Con- gress for parlv, p. 987. reference to acts relating to, p. 'uili. relinquishing title to I'nited States of eertain land. p. 1091. act authorizing governor and surveyor lo con- vey certain land, ]x 1092. legalizing applications for purc]iasi< of state lauds, p. 1092. relief of purchasers of state lands, \). lo92. redemption of state lands sold for nonpayment of interest, p. 1092. examination iuto sale and disposal ()f state lands, p. 1092. protection of bona fide settlers, p. 1092. reservation of certain section from sale. ji. I(i92. reference to special acts relating to title to. ji. 553. payment in full by holders of eertiticates of purchase, p. 1090. presentation and caneellation of uidocatcil school-land warrants, p. 1088. school lands, application for i)ur('liase and de- posit, p. 1089. STATE LIBRA RY— removal of mineial (•al)inet from, p. 578. STATE MINERAL CABINET. See MiniMal Uali- inet. STATE MINERALOGIST— creation (»!' oftiee of. p. 578. STATE PRINTER— reference to acts relating to. n. 1092. STATE PRISONvS— reference to acts relating to. p. lOp.*". STATUTE OF LIMITATIONS— reference* to acts relating to, p. 109.'^>. 1342 Index. STATUTES— California, index to, p. 45. effect of municipal government bill on prior laAYS, pp. 741, 742. STEVENSON, JNO. D.-act for the relief of, p. 1093. STOCKTON— construction of canal along N street from asylum to river, p. 428. STREETS— trees and hedges in, act providing for, p. 1094. eradication of weeds, p. 1094. laying out, opening, extending, widening, straiglitening, or closing of in cities under 40,000, p. 1101. laying out, opening, extending, widening, straightening, diverging, curving, contract- ing, or closing up in cities over 40.000. p. 1100. street improvement bonds for cost of street work, p. 1172, sale and redemption of property for delinquent asses.sments, p. llSo. improvement or grading of. pp. (544 et seq. improvement of streets by property owners, p. GOO, subd. 88. improvement, repayment to owners, p. 058, subd. 84. imi.rovement. pnyment to contractor, p. G57. act of 1885 i)roviding for work upon streets, p. 1114. act of 1885 ]iroviding for work on lanes, alleys, courts, and sidewalks, p. 1114. act of 1885 providing for work upon sewers, p. 1114. improvement, completion of contract, p. 055, subd. 80. improvements assessment, pp. 051, 052. improvement, contract for. p. 049 et seq. improvement, manner of. p. 644 et seq. improvements, law regulating, p. 644 et seq. disti-ict, map of. pp. 64S, 649. manner of compelling certain street work to be done, p. 647. subd. 69. special assessments, proceedings on, p. 645, subd. 68. Index. i;y:> STREETS— Continued. special assessments for work on privaic prop- erty, p. 645, snbd. 68. appeal by owner, pp. 655, 656. public, definition of, p. 644, subd. 66. superintendent of streets, duties of, p. 670 § 136. -kind of labor on accepted streets, p. 658, sulxl. 85. injury from: defects in, liability for, p. 659, subd. 8T. repairing streets in ease of urjxency, ]). 658, subd. 86. sale of property for unpaid taxes, pp. 653, 654. opening and Improving streets in cities of first class, p. 885, § 869 et seq. defects in cities of second class not liable, p. 765, § 376. improvements and opening of in cities of sec- ond class, pp. 755 et seq. defects in, who liable in cities of second class, p. 765, § 376. superintendents in cities of second class, p. 765, § 373 et seq. improving or opening streets in cities of third class, p. 789 et seq. street commissioner, duties of in cities of fourth class, p. 832, § 678. improving and opening in cities of the fourth class, p. 818 et seq. in cities of fifth class, improvement, laying out and repair of, pp. 857, et seq. notices, who may serve, p. 660. 9ec. 00. contracts for lighting, how let, p. 70. SUNDAYS— reference to acts relating to, p. 1181. SUPERINTENDENT OE STREETS. Sl^g Streets. SUPERVISORS. See Parks. authorized to pav salaries of license collectors. p. 561. reference to acts relating to, p. 1181. funding indebtedness and issuing bonds, jt. 966. 1344 Index. SUPERVISORS— Coutiiined. counrt;y, refunding funded debt, p. 971. power to condemn land for public works, p. 99(1. franchise for railroad to park beyond city lim- its, p. 1022. water rates, fixing of, p. 1268. granting of franchises, p. 1274. declaring innavigable streams higinvays for floating timber, p. 1274. districts to be equal in population, j). S3, § IG. supervisor districts, change of boundary, p. 83, (jualifications of, p. 83. § in, p. (;22, §§ 46-48. disqualification of, p. 622, § 48. nundxT of, p. S3, § 14. division of county into toAvnshiiis, p. 109, § 56. classifying supervisors, p. 110. § 58. two boards of. ]>. 621, § 40. assistant aldcrnirn, p. 621. §S 40, 43. assistant aldermen, clerk of, p. 622, § 44. election of, manner of. p. S3. § IT), p. 621, ij 41. vacancy, how tilled, p. S3, § 17, p. r>22. § 45. meetings of. ]). 625. S .55. meetings to be public, ]i. 85. ^ 24. p. 624, § 51. special meetings of. ]). 85, § 23. organization and rules, p. (i23. § 49. qu(r.>tary of. i>. 621. § 42. cl(Tk of bonrd, duties of, p. 84, § 20. "county clerk is ex officio clerk, p. 84. § 19. sheriff to serve papers for, p. 100. § 27. sheriff, attenenses, p. 102, § 36. notice of proceedings, posting of, p. 100, § 47. contracts for public lighting, how let, p. 70. must not be interested in contract, p. 106, § 45. claims against county must be authorized, p. 107, § 49. franchise or privilege, how granted where su- pervisors interested, p. 100. § 40. claims of, against county, presentation and al- lowance, p. 107, § 49. must accept donations, p. 107. § 51. misconduct or neglect of, penalty for, p. 108. § 53. watercourses, control over, p. 107. § i»2. witnesses, subpoenaing and examining, p. K^O. §§ 28, 29. majority must concur in acts, p. 84, § 18. may administer oaths, p. 83. § 18. compensation of, p. 140 et seq. book to be kept by, p. 85, § 21. Gen. Laws— 113 1346 Index. SUPERVISORS— Continued. books and records to be open to inspection, p. 85, § 24. records of, 'p. 623, § 49. records and minutes, how signed, p. 84, § 19. appropriation bills, p. 627, § 61. second-class vote in cities, how taken, p. 753, § 326. in cities of the second class, rights, powers and duties, p. 745, § 319 et seq. cities of second class, power to appoint officers, p. 767. § 380. rights, powers, and duties in cities of third class, p. 783 et seq. clei'k of in cities of tliird class, duties of, p. 795. § 553. cities of fourth clnss. vacancy in, p. 806, § 606. in cities of fourth class, rights, powers, and du- ties, p. 808 et seq. change of wards in cities of fourth clnss. p. 807. § r,ll. cities of fourth class, who to preside in absence of mayor, p. 830, § 671. poAvers of president of board in cities of fifth class, p. 862, § 778. cities of fifth class, trustees of. p. 849, § 760. et seq. trustees in cities of sixth class, p. 879. et seq. SFPREME COURT REPORTERS— deputy for. p. 1181. Si'RETTES-ofRcial bonds, siu'eties on. p. 614. § 24. official bonds, qualification and examination of sureties, p. Ill, § C^C^. city officers not to act as sureties, p. 744. § 304, SI'ROEONS. Sc'^ Vetei'inary Surgery. SURVEYOR-GENERAL— reference to acts relat- ing to, p. 1181. SURVEYORS— duties of, n. 1181. license of. p. 1181. is ex officio engineer of parks, p. 716, § 201. county, general riuhts, powers, and duties, pp. 130-131. Index, 1;V17 SURVEYORS Coutimied. county, compensation of, p. 145 et seq. county fees of, p. 332, duties of, p, G80, § 137. SUTTER COUNTY- act providin- separaU' judge for, see Code of Civil Procetluro, p. 811. boundaries and government of levee district number six in, p. 557, funding indebtedness of levee district number six in, p. 550, government and boundary of leve<' district number two in, p, 555. references to special and local acts relating to. p, 1185, SUTTER'S FORT— guardian of. p, IISG. acquisition of Sutter's Fort property, p. 118G. board of trustees for, p. 118G. completion and preservation of. i). 11 SO. preservation, protection and improvement of. p. 1186. SWAMP AND OVERFLOWED LANDS. S.c Levees; Reclamation Districts, distributing proceeds of sales of swamp land to reclamation districts, p. 1029. references to special acts relating to levee dis- tricts, p. 555 et seq. system of drainage for, p. 263, character of lands as, determination of. p. 1180, certain tide lands declared public and granted to San Mateo, p. 1187. quit-claim of interest of state in certain water S^ lots, p. 1187. sale of lands uncovered by recession of lakes, p. 1188, unsegregated, sale of and validating of sale of, p, 1188, '^ tide land commissioners, board of. abolishe. fixing? rate of in cities of second class, p. 751, § 325. cities of third class, taxes in, p. 702 et seq. taxes in cities of third class, p. 7Sr>. duty of city collector in cities of fonrlh cI.mss, p. 832, § G78. assessor in cities of fourth class, duties (»f. p. 831, § G77. taxes in cities of fourth class, p. 820 et .seq. assessors in cities of fifth class, p. SC).*?, § 787. cities of fifth class, taxes in, p. 850 et seq. collection of taxes in cities of fifth class, p. 866, § 700. taxes in cities of fifth class, pp. 851, 852. in cities of sixth class, pp. 881, 887 et seq. assessor in cities of sixth class, ]>. 800, § 877. TEHAMA COUNTY— references to special and lo- cal acts relatin.s: to, p. 1217. TELEGRAPH COMPANIES— line between Asia and America, p. 1218. THEATERS— refusal of admission, penalty for. p. 1218. unlawful to refuse admission to places of amusement, p. 1218. THISTLE— act to prevent propajration in pertain counties, p. 1210. TIA JUANA FLOOD— appropriation for relief of sufferers, p. 1210. TITLES. See Torrens Land Act. TORRENS LAND ACT— commission for framin.£r law, p. 1210. statute providing: for certification of titles, ete.. p. 1220. TOWNSHIPS— oflicers of. who are. p. 100. § .no. TRADEMARKS— reference to acts relatintr to. p. 1258. TRAINING SHIP— San Francisco, traininj: ship in, p. 12.58. TREASURERS— duties of, generally, p. 674. § 1'-2: p. 675, § 123. 1350 Index. TREASURERS— Continued. receipts by treasurer, p. 06(5, § 98. county, compensation of, p. 142, et seq. statement by county, p. 122, § 117. county, general powers and duties of, pp. 112, 116, §§ 67, 87. state, payment to treasurer of Veterans' Home, p. 1264. state, act for better protection of, p. 1258. state, clerlis of, p. 1258. paying' demands in contravention of law, lia- bility of, p. 670, § 104. examination of books of treasurer, p. 668, § 101. defaulting, proceedings against, p. 668, § 101. examining boolis and counting cash in treas- ury, p. 322, §§ 114, 115. in cities of second class, p. 766, § 878. In cities of third class, p. 801, § 575. in cities of third class, powers and duties of, p. 71)6, § 552, cities of fourth class, duties of treasurer, p. 831, § 675. salary of treasurer in cities of fourth class, p. 830, § 674. in cities of fifth class, p. 863, § 786. in cities of sixth class, p. 889, § 876. reference to acts relating to, p. 1258. increasing number of clerks of, p. 1258. act for better protection of state treasury, p. 125&. TREES. See Forestry; Fruit Trees. act relating to shade trees in street, p. 1094. TRESPASS. See Animals. TRESPASSING ANIMALS. See Goats; Sheep; Animals. TRINITY COUNTY— references to special and lo- cal acts relating to, p. 1259. TRUSTEES— estates of missing persons, trustees of, p. 597. TRUSTS— for schools, universities, museums, etc., pp. 304, 308. TULARE COUNTY— hides of animals in, p. 355. Index. 1351 TULARE COUNTY— Continued. references to special and local acts relating to, p. 1259. boundary between and Fresno, p. 76. TUOLUMNE COUNTY— references to special and local acts relating to, p. 1259. UNINCORPORATED SOCIETIES— reference to acts relating to, p. 12.'9. UNITED STATES SENATORS— expression of opinion as to election of, p. 12(>(). UNIVERSITIES. See Colleges. endowment of, p. 308. UNIVERSITY OF CALIFORNIA— tax levy for support of, p. 1262. interest on bonds held in trust for payment of, p. 1261. act to provide for support of, p. 1262. affiliated colleges, appropriation for building, p. 1262. references to acts relating to, p. 1262. congressional grant to. assent to, p. 68. VACCINATION— act to encourage general, p. 981. VENTURA COUNTY— reference to acts relating to, p. 1262. creation and organization of, p. 1263. VENUE— of criminal action on removal, p. 251, § 229. costs on removal of criminal cause, how certi- fied and paid. p. 252. § 230. VETERANS' HOME. See Grand Army; Woman's Relief Corps, act authorizing city or county to lease property to, p. 1263. act authorizing directors to exchange or lease, pp. 1263. ]264. act providing for state home and government of by state, p. 1264. appropriation for buildinc-s and grounds, p. 126S. appropriation for support of aged indigent per- sons in. p. 1263. building and furnis^hing of home. p. 1085. 1352 Index. TETERANS' HOME— Continued. treasurer, payment to by state treasurer, p. 1264. conveyance by to state and making of state home, p. 3264. management of, p. 1086. officer to receive money disbursed by United States, p. 1085. recognition of Veterans' Home at Yountville as state home, p. 1085. support of indigent persons in, p. 1263." Mexican war veterans, exchange of land by. p. 1264. VETERINARY SURGERY— act regulating prac- tice of, p. 1264. VINES— act for better protection of, p. 343. pests and diseases, spreading and extirpation of, p. 344. predaccous insects, importation of, p. 954. VITICUUTURE— reference to acts relating to, p. 1267. repeal of acts and transfers to State University, p. 1267. VOLUNTEERS— California, revision of records of, p. 45. WAR— Indian. See Indians. ^lexican. See Veterans' Home. WAREHOUSES— reference to act relating to, p. 1267. WATER C0:MPANTES— formntion nnd organiza- tion of protection districts, p. 0.'4 improvement nnd rectificntion of. formation of protection districts, p. 0.54. nrevention of overflow, p. 0.14. irrigation. See In-igntion. reference to acts relnting to. p. 126S. water commissioners in vnrious counties, p. 1268. act authorizing incurring of indebtedness to construct wnterworks. ]1. 1013. repeal of act authorizing certain cities to ob- tain waterworks, p. 1013. Index. 1353 WATER COMPANIES— OoutiimiHl. duty to make statements, p. 12G9. supervisors to fix rate, p. 12G8. pipes in cities of second class, p. 7G3, § 3.11). excessive rate, p. 12G8. WATERS— references to acts declaring certain waters navigable, p. 1271. location of tow paths along navigable streams, p. 1273. declaring innavigable for floating logs, p. 1274. privileges to construct booms, p. 1274. examining commission on rivers and harbors, appointment, powers, duties, p. 1277. analyzing. See Political Code, Appendi-x. title State Analyst, p. 1062. improvement of rivers and water front in cities of first class, p. 861, § 776. improvement of streams and water front in cities of sixth class, p. 882, subd. 11. control of supervisors over, p. 107, § 52. river improvement in cities of third cla^s, p. 794, § 535. water rates, fixing of, p. 1268. protection of highways from waters and floods, p. 366. artesian wells, act regulating use of. p. 20. reference to acts relating to, p. 1271. subterranean waters, preventing waste of, p. 20. recession of lalvo. sale of land, p. 1188. particular rivers and streams, acts relating to, pp. 1271 et seq. WEIGHTS AND MEASURES— act establishing standard of, p. 1279. scale for measurement of logs, p. 563. WHARFINGERS— reference to acts relating to, p. 1279. WHARVES— public wharves, p. 1279. WILMINGTON— acts relating to incorporation of, p. 1280. pilots in. See Political Code. Appendix, title, "Pilots." 1354 Index. WITNESSES— expenses of, in criminal cases, a county charge, p. 251, § 228. refusal of to obey supervisors, proceedings on, p. 101, §§ 31, 32. fees of, wliere summoned by supervisors, p. 101, § 33. supervisors, subpoenaing and serving, p. 100, S^ 28, 29. fees of, p. 331. WOMAN'S RELIEF CORPS— appropriation in aid of, home of, p. lUSu. liome of, aid to inmates of, p. 1280. liome of, management of, p. 1280. provision for deficiency in appropriation for liome of, p. 1280. WORKSHOPS— sanitary condition of, p. 1048. WORLD'S FAIR. See Columbian Exixtsition. appropriations for, p. 1281. volume of resources of California, p. 1281. YOLO COUNTY— boundary between and Lake, p. 75. petition to form reclamation district. powtT of supervisors, p. 1029. references to special and local acts, relating to, p. 1282. YOSEMITE VALLEY— free wagon road from Mariposa to. p. 1282. purchase of roads within Yosemite grant, p. 369. reference to acts relating to. p. 1282. YUBA COUNTY— boundary between and Butte, p. 75. act providing separate judge for. See Code of Civil Procedure, p. sil. references to special and local acts relating to, p. 1282. ^ aatt UC SOUTHERN RE. B 000 019 909 1