GENERAL LAWS OF THE STATE OF CALIFORNIA AS AMENDED TO THE END OF THE SESSION OF 1909. CONTAINING THE LAWS, IN FULL,, THAT ARE IN COMMON USE, WITH REFERENCES TO OTHER GENERAL LAWS IN FORCE, AND ALSO TO SPECIAL LAWS, WITH STATUTORY HISTORY AND CITATIONS UP TO AND INCLUDING VOLUME 154 CALIFORNIA REPORTS AND VOLUME 9 CALIFORNIA APPELLATE REPORTS. WITH APPENDICES CONTAINING ENACTMENTS^ IHKM^B^EfilJJs TREATED OF IN THE FOUR CODES. j . 1950 LIBR-RY _UNIVERSI.YOFCALIFnffWM IR_NIA J SAN FRANCISCO BENDER- MOSS COMPANY LAW PUBLISHERS AND BOOKSELLERS 1910 Copyright, 1910 By Bender-Moss Company KA3i A1 17 ^"f CONTENTS. (For Contents of Appendices, see p. xvii.) Title 1. Abortion, p. 1. Wi^- Title 2. Accord and Satisfaction, p. L / Title 3. Accountants, p. 1. f Title 4. Acknowledgments,- p. 3. Title 5. Adoption, p. 4. Title 6. Adulteration, p. 4. Title 7. Adultery, p. 6. Title 8. Aged Persons, p. 6. Title 9. Agents, p. 7. Title 10. Agriculture, p. 7. Title 11. Alameda City, p. 17. Title 12. Alameda County, p. 18. Title 13. Alameda Creek, p. 20. Title 14. Aliens, p. 21. Title 15. Alpine County, p. 22. Title 16. Alviso City, p. 22. Title 17. Amador City, p. 22. Title 18. Amador County, p. 23. Title 19. American Water and Mining Company, p. 23. Title 20. Anaheim, p. 24. Title 21. Anatomy, p. 24. Title 22. Animals, p. 24. Title 23. Antioch, p. 27. Title 24. Antonio Creek, p. 27. Title 25. Antwerp Messenger, p. 27, Title 26. Apprentices, p. 27. Title 27. Arbitration, p. 28. Title 28. Architecture, p. 30. Title 29. Arms, p. 34. Title 30. Arrest, p. 34. Title 31. Arroyo del Medo, p. 34, Title 32. Artesian Wells, p. 34, Title 33. Asexualization, p. 84. Title 34. Assault, p. 35. Title 35. Assessors, p. 35. Title 36. Assignments of Contracts, p. 35. Title 37. Attorney General, p. 36. Title 38. Attorneys at Law, p. 36. Title 39. Auburn, p. 36. Title 40. Bankruptcy and Insolvency, p. 36. Title 41. Banks and" Banking, p. 37. Title 42. Barbers, p. 40. (iii) iV!627505 iv Title 43. Title 44. Title 45. Title 46. Title 47. Title 48. Title 49. Title 50. Title 51. Title 52. Title 53. Title 54. Title 55. Title 56. Title 57. Title 58. Title 59. Title 60. Title 61. Title 62. Title 63. Title 64. Title 65. Title 66. Title 67. Title 68. Title 69. Title 70. Title 71. Title 72. Title 73. Title 74. Title 75. Title 76. Title 77. Title 78. Title 79. Title 80. Title 81. Title 82. Title 83. Title 84. Title 85. Title 86. Title 87. Title 88. Title 89. Title 90. Bee Culture, p. 40. Benefit Societies, p. 40. Benevolent Corporations, p. 40. Benicia, p. 41. Berkeley, p. 41. Big Trees, p. 41. Bills and Notes, p. 42. Bird and Arbor Day, p. 42. Blue Book, p. 42. B'nai B'rith, p. 42. Board of Examiners, p. 43. Boards of Freeholders, p. 43. Bonds, p. 43. Booms, p. 53. Boundaries of State, p. 53. Bounties, p. 53. Branciforte, p. 54. Brazos del Eio, p. 54. Bridges, p. 54. Brooklyn, p. 57. Building and Loan Associations, p. 57. Buoys and Beacons, p. 64. Burial, p. 65. Burnt or Destroyed Eecords or Documents, p. 65. Butte County, p. 70. Butter, p. 71. Calaveras County, p. 74. California and Oregon Railroad Company, p. 75. California Pacific Railroad Company, p. 75. California Polytechnic School, p. 75. California Redwood Park, p. 76. California State Trades and Training School, p. 77. California Statutes, Index to, p. 79. California Volunteers, p. 79. Canal Corporations, p. 80. Canals, p. 80. Capitol, p. 80. Cemeteries, p. 80. Cemetery Corporations, p. 84. Census, p. 84. Central Pacific Railroad Company, p. 85. Chambers of Commerce, p. 85. Charities and Corrections, p. 85. Cheese, p. 88. Chico, p. 89. Chinese, p. 89. City Attorney, p. 90. CivU Eights, p. 90. CONTENTS. 91, 93. 94. 95. 96. 97. Title Title Title Title Title Title Title Title 98. Title 99. Title 100. Title 101. Title 102. Title 103. Title 104. Title 105. Title 106. Title 107. Title 108. Title 109. Title 110. Title 111. Title 112. Title 113. Title 114. Title 115. Title 116. Title 117. Title 118. Title 119. Title 120. Title 121. Title 122. Title 123. Title 124. Title 125. Title 126. Title 127. Title 128. Title 129. Title 130. Title 131. Title 132. Title 133. Title 134. Title 135. Title 136. Title 137. Title 138. Clear Lake, p. 91. Clovcrdale, p. 91. Coast Survey, p. 91. Codes, p. 91. College City, p. 91. Colleges, p. 92. Coloma, p. 92. Colton Hall, p. 92. Colusa County, p. 92. Colusa, Town of, p. 94. Commissioners in Equity, p. 94. Commissioners of Transportation, p. 94. Common Law, p. 95. Congress, p. 95. Conspiracy, p. 95. Constables, p. 95. Constitution, p. 96. Contra Costa County, p. 96. Controller, p. 97. Convicts, p. 98. Co-operative Associations, p. 98. Coroners, p. 99. Corporations, p. 100. Costs, p. 107. Cotenancy, p. 108. Counterfeiting, p. 108. Counties, p. 108. County Boundaries, p. 109. County Clerk, p. 111. County Government, p. 112. Courts, p. 276. Coyote Scalps, p. 277. Crescent City, p. 277. Criminal Law, p. 277. Cruelty to Animals, p. 278. Dairies, p. 279. Davisville, p. 284. Deadly Weapons, p. 284. Deaf,'Dumb, and Blind Asylum, p. 284. Deaths, p. 284. Debris Commissioner, p. 292. Decj Political Code, $ 2349, as amended 1891. 21 ALIENS. Acts 122-127 TITLE 14. ALIENS. ACT 122. To prohibit the issuance of licenses to aliens not eligible to become electors of the state of California. [Stats. 1880, p. 3D.] "Unconstitutional. (People v. Qnong On Long, 6 Pac. C. L. J., 192; see Pol. Code, § 3666, as amended 1901, p. 635.)" — Code Commissioners' Note. ACT 123. To provide for indexing the names of persons who have declared their intention to become or who have become citizens of the United States, in the several courts of record in this state. [Approved February 8, 1872. Stats. 1871-72, p. 80.] "Section 1 probably in force, section 2 superseded by fee bill of 1895, p. 267." — Code Commissioner's Note. ACT 124. Eelative to escheated estates. [Stats. 1856, p. 137.] Superseded by Civil Code, §§ 671, 672. This act provided that aliens might inherit the same as native born, but they must claim the property in five years. ACT 125. Prohibiting aliens from fishing in the waters of the state. [Stats. 1880, p. 123.] Unconstitutional: In re Ah Chong, 5 Pac. C. L. J. 451. ACT 126. Eelating to the appointment of aliens to office. [Stats. 1880, p. 23.] This act forbade the appointment of aliens to office. It was probably super- seded by the following act: ACT 127. An act to secure to native-born and naturalized citizens of the United States the exclusive right to be employed in any department of the state, county, city and county, or incorporated city or town govern- ment in this state. [Approved March 23, 1901; Stats. 1901, p. 589.] § 1. No person, except a native-born or naturalized citizen of the United States, shall be employed in any department of the state, county, city and county, or incorporated city or town government in this state. § 2. It shall be unlawful for any person, whether elected, appointed or commissioned to fill any office in either the state, county, city and county, or incorporated city or town government of this state, or in any department thereof, to appoint or employ any person to perform any duties whatsoever, except such person be a native-born or naturalized citizen of the United States. Acts 132-146 GENERAL LAWS. 22 § 3. No money shall be paid out of the state treasury, or out of the treasury of any county, or city and county, or incorporated city or town, to any person employed in any of the offices mentioned in section .2 of this act, except such person shall be a native-born or naturalized citizen of the United States. § 4. This act shall take effect immediately. TITLE 15. ALPINE COUNTY. ACT 132. Providing for payment of salaries and fees of officers of. [Stats. 1871- 72, p. 703.] Repealed by County Government Act, 1897, p. 574, § 219. ACT 133. Traveling fees of sheriffs of. [Stats. 1873-74, p. 236.] Amended 1877-78, p. 372. Repealed by County Government Act, 1897, pp. 571, 572, §§ 214, 215. ACT 134. Treasurer of, bond of. [Stats. 1875-76, p. 140.] Repealed by County Government Act, 1897, p. 475, § 66. Citations. Cal. 54/536, 537, 538, 539. ACT 135. Tax for payment of grand and trial jurors in. [Stats. 1877-78, p. 215.] Superseded by subds. 12 and 18, § 25, County Government Act, 1897, pp. 460, 463. ACT 136. Extending time for selling property for delinquent taxes. [Stats. 1875- 76, p. 389.] Repealed 1877-78, p. 783. TITLE 16. ALVISO CITY. ACT 141. To incorporate the town of Alviso. [Stats. 1852, p. 222.] TITLE 17. AMADOE CITY. ACT 146. Hogs and goats running at large in. [Stats. 1873-74, p. 905.] Repealed 1897, p. 198. 23 AMADOR COUNTY. Acts 151-163 TITLE 18. AMADOR COUNTY. ACT 151. Salaries and compensation of officers of. [Stats. 1875-76, p. 370.] Repealed by County Government Act, 1897, p. 548, § 189. ACT 152. Supervisors, act in relation to. [Stats. 1873-74, p. 443.] Repealed by County Government Act, 1897, pp. 453, 492, §§ 10, 157. ACT 153. Eevenue of. [Stats. 1873-74, p. 446.] Superseded by subds. 12 and 18, § 25, County Government Act, 1897, pp. 460, 463. ACT 154. Supervisors authorized to levy an additional tax. [Stats. 1871-72, p. 172.] Superseded by the general powers given by the County Government Acts. ACT 155. Providing for the payment by, to Calaveras County, of interest on a certain indebtedness; supplementing act of March 31, 1866. [Stats. 1871-72, p. 698.] ACT 156. To provide for the location, construction and maintenance of roads in. [Stats. 1877-78, p. 703.] Repealed 1883, p. 5, c. X, § 2. ACT 157. Authorizing supervisors to declare the portion of Amador and Nevada wagon road which lies in Amador county a toll-ioad. [Stats. 1877- 78, p. 963.] ACT 158. To prevent trespassing of goats on inclosed lands in. [Stats. 1877-78, p. 536.] TITLE 19. AMERICAN WATER AND MINING COMPANY. ACT 163. Authorizing American Water and Mining Company to extend its works. [Stats. 1860, p. 155.] Amended 1871-72, p. 471. Acts 168-178 GENERAL LAWS. 2« TITLE 20. ANAHEIM. ACT 168. Incorporation of. [Stats. 1877-78, p. 309.] Superseded by incorporating, in 1888, under Municipal Corporation Act of 1883, ACT 169. Legalizing incorporation of. [Stats. 1877-78, p. 27.] Superseded by incorporating, in 1888, under the Municipal Corporation Act of 1883. TITLE 21. ANATOMY. ACT 174. To provide for the study of anatomy. [Stats. 18G3--G4, p. 321.] It was superseded by Political Code, §§ 3093-3095. TITLE 22. ANIMALS. See "Cruelty to Animals," post; "Estrays," post. ACT 177. An act providing for the extermination of the Boophilus annulatus tick, defiuing certain crimes and providing for certain civil and criminal actions. [Approved March 21, 1907. Stats. 1907, p. 763.] Amended 1909, p. 55. This act prevented the sale of cattle or other livestock infested with the Boo- philus annulatus tick. ACT 178. An act to prevent the spread of contagious diseases among animals. [Approved March 20, 1905. Stats. 1905, p. 317.] § 1. Any person having the care, custody or control of any animal that dies from tuberculosis, glanders, farcy, Texas fever, or other in- fectious disease, shall immediately upon the death of such animal cremate or bury the same, or cause the same to be cremated or buried. §2. Any common carrier of persons or freight that shall transport any animal suffering with or that has died from the diseases, or any of them, mentioned in section 1 of this act a greater distance than is neces- sary to transport such animal to the nearest crematory, shall be deemed guilty of a misdemeanor. § 3. No animal that has died of any of the diseases named in section 1 of this act, shall be sold, used or permitted to be used for the food of human beings or sold, used or permitted to be used for the food of any domestic animal or fowl. 25 ANIMALS. Acts 179-183 §4. Any person, firm or corporation that shall violate any of the pro- visions of this act shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall be punished by a fine of not less than $50 and not more than $500, or by imprisonment in the county jail for a term not exceeding 180 days, or by both such fine and imprisonment. § 5. This act shall take effect immediately. See, also, act of 1905, p. 423, and Penal Code, § 402d. ACT 179. To prevent the spread of contagious and infectious diseases among domestic animals. [Stats. 1893, p. 302.] Codified by § 402d, Penal Code. ACT 180. To protect domestic livestock from contagious and infectious diseases, to provide for the appointment and duties of officials to carry into effect the provisions of this act, and to provide an appropriation therefor. [Stats. 1899, p. 129.] Amended 1905, p. 423; 1907, p. 932; 1909, p. 431. This act created the oiRca of state veterinarian, and prescribed his powers and duties. ACT 180a. An act authorizing the state veterinarian to employ during the balance of the sixtieth, and throughout the sixty-first and sixty-second fiscal years such inspectors as he may deem necessary to inspect and super- vise the dipping of sheep infected with a disease known as scabies; providing for the compensation and expenses of said inspectors, and making an appropriation therefor. [Approved March 10, 1909. Stats. 1909, p. 278.] ACT 181. To protect sheep and Cashmere and Angora goats against ravages of dogs. [Stats. 1865-66, p. 225.] Superseded in part by Civil Code, § 3341, and probably not in force. ACT 182. Providing for the retention of the hides of slaughtered cattle in certain counties. [Stats. 1863, p. 359.] Amended 1863-64, p. 261. Probably superseded by Political Code, § 3185, and act of 1893, p. 235. This act applied to the counties of Santa Clara, San Diego, San Bernardino, San Luis Obispo, Contra Costa, San Mateo, Alameda, Santa Barbara, and Marin. ACT 183. For the better protection of stock-raisers in Fresno, Tulare, Monterey, and Mariposa counties. [Stats. 1865-66, p. 322.] See 1893, p. 235. Acts 184-189 GENERAL LAWS. 26 This act required hides of cattle to be kept fifteen days, and made provisions as to branding of calves, and required records to be kept of slaughtered animals. It was continued in force by Political Code, § 19, and Penal Code, § 23. ACT 184. Eegulating the disposition of the hides of cattle killed or slaughtered in the state. [Stats. 1893, p. 235.] This act provided for the retention and inspection of the hides. ACT 185. To encourage the destruction of wild animals in the 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 March 15, 1883. Stats. 1883, p. 368.] Superseded by subd. 26, § 25, County Government Act, 1897, p. 465. Citations. Cal. 65/563, 564. ACT 186. Destruction of squirrels and gophers. [Stats. 1869-70, p. 316.] Amended 1871-72, p. 474; 1871-72, p. 532. It was repealed as to certain counties by Stats. 1871-72, p. 18; Stats. 1871-72, p. 834; and Stats. 1875-76, p. 513. It applied to Alameda, Contra Costa, Fresno, Stanislaus, Merced, San Joaquin, and Yolo counties. It was repealed as to Stanislaus County by act of 1875-76, p. 513; as to Alameda County by act of 1871-72, p. 18; amended as to Contra Costa County by the act of 1871-72, p. 834. Superseded by subd. 26, § 25, County Government Act, 1897, p. 465. ACT 187. Squirrels, destruction of. [Stats. 1875-76, p. 143.] Amended 1875-76, p. 637, and made applicable to San Luis Obispo. Super- seded by subd. 26, § 25, County Government Act, 1897, p. 465. This act related to Stanislaus, Santa Cruz, San Joaquin, Merced, Fresno, San Benito, Tulare, Sau Mateo, Santa Clara, Monterey, and Kern counties. ACT 188. To encourage destruction of squirrels, gophers or other wild animals, in counties of Los Angeles, Napa, Merced, San Bernardino, and Santa Cruz. [Stats. 1871-72, p. 92.] Repealed as to Los Angeles, 1873-74, p. 34; as to Santa Cruz, 1873-74, p. 129; as to San Bernardino, 1873-74, p. 691; as to Napa, 1877-78, p. 569; in toto, 1880, p. 108. ACT 189. Destruction of certain wild animals. [Stats. 1875-76, p. 533.] Repealed 1877-78, p. 2. This act provided for bounties for the destruction of certain wild animals in the counties of Mendocino, Del Norte, Humboldt, Placer, Lake, San Luis Obispo, and Colusa. 27 ANTIOCH— APPRENTICES. Acts 190-212 ACT 190. To prevent the stealing of dogs. [Stats. 1860, p. 70.] Superseded by Penal Code. ACT 191. To prevent combinations to obstruct the sale of livestock. [Stats. 1893, p. 30.] This act is set forth at length in Appendix, Civil Code, p. 1853. ACT 192. To prevent tampering •with animals and to prevent the giving or ad- ministering of poison or drugs to horses, cattle, dogs, animals and other livestock except for medicinal purposes, and making the same a misdemeanor. [Stats. 1901, p. 553.] This act appears in full in Appendix, Penal Code, p. 200i. TITLE 23. ANTIOCH. ACT 197. Defining boundaries of. [Stats. 1871-72, p. 725.] Superseded by incorporating the town in 1890 under the Municipal Corporation Act of 1883. TITLE 24. ANTONIO CREEK. ACT 202. To declare Antonio Creek, in Contra Costa County, navigable. [Stats. 1852, p. 182.] Incorporated in Political Code, § 2349. Citations. Cal. 118/181. TITLE 25. ANTWEEP MESSENGER. ACT 207. For the protection of the Antwerp messenger or homing pigeon. [Stats. 1897, p. 37.] Codified by § 598a, Penal Code. APIARIES. See post, "Bee Culture." TITLE 26. APPRENTICES, ACT 212. Apprentices and masters, act relative to. [Stats. 1875-76, p. 842.] Amended 1880, p. 28. Codified by §§264 et seq., Civil Code. Acts 213-219 GENERAL LAWS. 28 ACT 213. To provide for binding minors as apprentices, clerks, or servants. [Stats. 1858, p. 134.] Superseded by Civil Code, §§ 2G4 et seq. ACT 214. To autliorize the managers of the San Francisco Orphan Asylum or any other orphan asylum to bind as apprentices, clerks, and servants, orphan or half-orphan children under their care and tuition. [Stats. 1860, p. 37.] Supp. 18G9-70, p. 334. TITLE 27. ARBITEATION. ACT 219. An act to provide for a state board of arbitration for the settlement of differences between employers and employees, to define the duties of said board, and to appropriate the sum of twenty-five hundred dollars therefor. [Approved March 10, 1S91. Stats. 1891, p. 49.] § 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 represent the em- ployers of labor, one shall represent labor employees, and the third mem- ber shall represent neither, and shall be chairman of the board. They shall hold office for one year and until their successors are appointed and qualified. If a vacancy occurs, as soon as possible thereafter the gov- ernor shall appoint some one to serve the unexpired term; provided, how- ever, that when the parties to any controversy or difl'erence, as provided in section 2 of this act, do not desire to submit their controversy to the state board, they may by agreement each choose one person, and the two shall choose a third, who shall be chairman and umpire, and the three shall constitute a board of arbitration and conciliation for the special controversy submitted to it, and slial! for that purpose have the same powers as the state board. The members of the said board or boards, before entering upon the duties of their office, shall be sworn to faithfully discharge the duties thereof. They shall adopt such rules of procedure as they may deem best to carry out the provisions of this act. §2. Whenever any controversy or difference exists between an em- ployer, whether an individual, copartnership, or corporation, which, if not arbitrated, would involve a strike or lockout, and his employees, the board shall, upon application, as hereinafter provided, and as soon as practicable thereafter, visit, if necessary, the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by either, or both, to 29 ARBITRATION. Act 219. §§3-8 adjust said dispute and make a written decision thereof. This decision shall at once be made public, and shall be recorded upon proper books of record to be kept by the board. §3. Said application shall be signed by said employer, or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work, with- out any lockout or strike, until the decision of said board, which must, if possible, be made within three weeks of the date of filing the applica- tion. Immediately upon receipt of said application, the chairman of said board shall cause public notice to be given of the time and place for hearing. Should the petitioners fail to keep the promise made therein, the board shall proceed no further thereupon without the written con- sent of the adverse party. And the party violating the contract shall pay the extra cost of the board entailed thereby. The board may then reopen the case and proceed to the final arbitration thereof as provided in section 2 hereof. §4. The decision rendered by the board shall be binding upon the parties who join in the application for six months, or until either party has given the other a written notice of his intention not to be further bound by the conditions thereof after the expiration of sixty days or any time agreed upon by the parties, which agreement shall be entered as a part of the decision. Said notice may be given to the employees by post- ing a notice thereof in three conspicuous places in the shop or factory where they work. § 5. Both employers and employees shall have the right at any time to submit to the board complaints or grievances and ask for an investiga- tion thereof. The board shall decide whether the complaint is entitled to a public investigation, and if they decide in the affirmative, they shall proceed to hear testimony, after giving notice to all parties concerned, and publish the result of their investigations as soon as possible there- after. § 6. The arbitrators hereby created shall be paid five dollars per day for each day of actual service, and also their necessary traveling and other expenses incident to the duties of their office shall be paid out of the state treasury; but the expenses and salaries hereby authorized shall not exceed the sum of twentj^-five hundred dollars for the two years. §7. The sum of twenty-five hundred dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the expenses of the board for the first two years after its organization. § 8. This act shall take effect and be in force from and after its passage. Act 224, §§ 1, 2 GENERAL LAWS. 30 TITLE 28. AECHITECTUEB. ACT 224. An act to regulate the practice of architecture. [Approved March 23, 1901. Stats. 1901, p. 641. Amended 1903, p. 522.] Constitutional: Ex parte McManus, 33 Cal. Dec. 652. § 1. Within sixty days from and after the passage of this act, the governor of the state shall appoint ten persons, which persons so ap- pointed shall constitute a board, which board shall be known and designated as the state board of architecture. Five members of said board of architecture, shall be residents of the northern district of Cali- fornia, and shall constitute the northern district for the examination of applicants for certificates to practice architecture in this state. And five members of said board shall be appointed from the southern district of California, and shall constitute the southern district board for the ex- amination of applicants for certificates to practice architecture in this state. The northern district shall be all that portion of the state north of the northerly line of the county of San Luis Obispo and the county of Kern and the county of San Bernardino. And the southern district shall be all that portion of the state south of the northerly line of the county of San Luis Obispo and of the county of Kern and of the county of San Bernardino. Said state board of architecture shall be appointed by the governor as follows: Five members shall be appointed from the members in good standing of the San Francisco Chapter of the American Institute of Architects, or some similar institution or association of architects, two of whom shall be designated to hold office for two years. Five members shall be appointed from the members of the Southern California Chapter of the American Institute of Architects, or some similar institution or association of architects, two of whom shall be designated to hold office for two years. Each person so appointed shall hold ofBce for four years, unless so designated to hold office for two years. And thereafter, upon the expiration of the term of office of the persons so appointed, the governor of the state shall appoint a successor or successors to such outgoing person or persons whose term of office shall have expired, to hold office for four years; provided, that the membership of the state board of architecture shall be composed as herein set forth. Each m.ember shall hold over after the expiration of his term of office until his successor shall have been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the governor of the state for the unexpired term in like manner. The mem- bers of the board shall serve without compensation from the state. The expenses of the board shall be paid out of the fees collected from appli- cants for certificates. § 2. The members of the state board of architecture shall, before entering upon the discharge of the duties of their office, take and file with the secretary of state the constitutional oath of office. The said state board of architecture shall, within thirty days from and after their 31 ARCHITECTURE. Act 224, § 3 appointment, meet and elect from their number a president and a vice- president, one of whom shall be a resident of the northern district, and one a resident of the southern district, and two secretaries, one from each district. The secretaries shall also act as treasurers. The person receiving the highest number of votes shall be secretary, and the person receiving the next highest number of votes, assistant secretary. Said persons shall hold office for two years, or until their successors shall have been duly elected and qualified. § 3. The board may adopt rules and regulations for the government of its proceedings, not inconsistent with this act. The state board shall adopt a seal for its own use, and one for each of the district boards. The seal used by the northern district board sljall have the words "Northern District" inscribed thereon, and the one for the southern dis- trict shall have the words "Southern District" inscribed thereon, and the secretary and assistant secretary shall have charge, care and custody thereof. The secretary shall keep a correct record of all the proceedings of the board, which shall be open to public examination at all times. Six members shall constitute a quorum for the transaction of business of the state board of architecture, and three members shall constitute a quorum of the district boards for the transaction of business. Special meetings of the state board of architecture shall be called by the secre- tary upon the written request of four of its members, and by giving twenty days' written notice of such meeting, and the time and place at which such meeting is to be held, to each member of the board. The district board shall call special meetings upon the written request of two of its members made to the secretary, and upon five days' written notice to each member of such district board. Within thirty days from and after the date of their appointment, the state board shall meet to organ- ize, elect officers as in this act provided for, and formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture in this state; and such other rules and regulations as may be necessary and proper, not incon- sistent with this act. The board may from time to time repeal or modify its rules and regulations, not inconsistent with this act. The state board shall meet annually, on the second Tuesday in April, for the purpose of transacting such business as may lawfully come before it, not incon- sistent with this act. The district boards shall hold their regular meet- ings for the examination of applicants for certificates to practice archi- tecture, on the last Tuesday of January, April, July and October of each year. The board of the northern district shall meet in San Francisco; and the board of the southern district shall meet in Los Angeles, and at such other times and places as they may elect, to examine applicants for certificates. Any person shall be entitled to an examination for a cer- tificate to practice architecture, upon payment, to the district board when he makes application, of a fee of fifteen dollars, which fee shall be re- tained by the board; should the applicant pass a satisfactory examina- tion by said district board, the secretary shall, upon the payment to him of a further fee of five dollars, issu6 to the applicant a certificate, signed Act 224, §§4,5 GENERAL LAWS. 82 by the president and secretary, sealed with the seal of the district board, and directed to the secretary of state, setting forth the fact that the person therein named has passed a satisfactory examination, and that such person is entitled to a certificate to practice architecture in this state, in accordance with the provisions of this act; and upon the pay- ment to the secretary of state of a fee of five dollars, the secretary shall at once issue to the person therein named a certificate to practice archi- tecture in this state in accordance with the provisions of this act, which certificate shall contain the full name of the applicant, his birth-place and age, together with the name of the district board issuing the cer- tificate, and date of issuance thereof. All papers received by the secre- tary of state on application for certificate shall be kept on file in his office, and a proper index and record thereof shall be kept by him. §4. Any architect in good standing, who shall show to the satis- faction of the district board of the district in which such architect may reside, that he was engaged in the practice of the profession of archi- tecture on the date of the passage of this act, shall be granted a cer- tificate without passing an examination, on the payment to the district board of a fee of five dollars; provided, such application shall be made within six months from and after the passage of this act. Said cer- tificate shall set forth the fact that the person to whom the same was issued was practicing architecture in this state at the time of the passage of this act, and that the person therein named is entitled to a certificate to practice architecture without having to pass an examination by the district board; and the secretary of state shall, upon the payment to him of a fee of five dollars, issue to the person named therein a certificate to practice architecture in this state, in accordance with the provisions of this act. Each certificated architect shall have his certificate recorded in the office of the county recorder, in each and every county in this state, in which the holder thereof shall practice, and he shall pay to the recorder the same fee as is charged for the recording of deeds. A failure to have his certificate so recorded shall be deemed sufficient cause for revocation of such certificate. §5. After the expiration of six months from the passage of this act, it shall be unlawful, and it shall be a misdemeanor, punishable by fine of not less than fifty dollars nor more than five huncli-ed dollars, for any person to practice architecture without a certificate in this state, or to advertise, or put out any sign or card, or other device which might indicate to the public that he was an architect; provided, that nothing in this act shall prevent any person from making plans for his own buildings, nor furnishing plans or other data for buildings for other persons, provided the person so furnishing such plans or data shall fully inform the person for whom such plans or data are furnished, that he, the person furnishing such plans, is not a certified architect; provided, that nothing in this act shall prevent the employment' of an architect residing out of the state of California to prepare plans and specifications for buildings or other structures within the state, conditioned he shall S3 ARCHITECTURE. Act 224, §§ 6, 7 present satisfactory evidence to the board of the district in which the structure is to be erected that he is a competent architect, when such board shall issue to such architect a temporary certificate for such em- ployment, upon the payment of a fee of five dollars. Architects' cer- tificates issued in accordance with the provisions of this act shall remain in full force until revoked for cause, as hereinafter provided for in this act. A certificate may be revoked for dishonest practices, or for gross incompetency in the practice of the profession, which questions shall be determined by the district board of the district in which' the person whose certificate is called in question shall reside, or shall be doing busi- ness; and upon a full investigation of the charges by the district board, an opportunity having been given the accused to be heard in his own defense or by counsel; and upon the verdict of at least four members of the district board, the board may issue its certificate to the secretary of state revoking the certificate of the person accused; and the secretary of state shall thereupon cancel such certificate. And on the cancellation of such certificate, it shall be the duty of the secretary of the district board to give notice of such cancellation to the tounty recorder of each county in this state, whereupon the recorder shall mark the certificate recorded in his office "Canceled." After the expiration of six months the person whose certificate was revoked may have a new certificate issued to him by the secretary of state upon the certificate of the district board by which the certificate was revoked. Every certificated architect shall have a seal, the impression of which must contain the name of the architect, his place of business, and the words "Certificated architect," with which he may stamp all plans pre- pared by him. § 6. This act shall take effect from and after its passage. § 7. Each regularly certificated architect shall pay an annual license fee of five dollars, said fee to be paid to the secretary of the board of the district of which he shall be a resident, and shall be payable in advance on January 1, and shall become delinquent the first day of April, of each year, after which date it shall be delinquent, and the certificate of such architects who shall fail to pay their license fees by April 1 of each year, shall be subject to cancellation by said district board, and notice of such cancellation shall be sent to each county recorder of the state of California and to the secretary of state, as pro- vided in section 5 of the act to regulate the practice of architecture, approved March 23, 1901, for cancellation of certificates. And the secre- tary of the said district shall issue a receipt signed by the president and secretary of the district, aud under the seal of the district board, to each architect paying said license fee, showing that said certificated architect has paid his annual license fee, which license receipt shall be displayed in a prominent place in the office of said architect. The fees so collected shall be used to meet the expenses of the state board of architecture. Gen. Laws — 3 Acts 229-24T GENERAL LAWS. 84 [New section approved March 26, 1903. Stats. 1903, p. 522. In effect immodiatelj'.] Citations. Cal. 151/332. App. 2/222, 223. TITLE 29. AEMS. ACT 229. To provide "for the issuing arms and accoutrements to colleges and academies. [Stats. 1862, p. 483.] ACT 230. Military academies, act to furnish arms to. [Stats. 1871-72, p. 121.] See this act post, Act 2200. TITLE 30. AEEEST. ACT 235. For the relief of persons imprisoned on civil process. [Stats. 1850, p. 407. Amended 1863, p. 93.] Superseded by Code of Civil Procedure, §§ 1143-1154. TITLE 31. AEROYO DEL MEDO. ACT 240. To declare the Arroyo del Medo in Santa Clara County navigable. [Stats. 1852, p. 223.] Incorporated in Political Code, § 2349. TITLE 32. AETESIAN WELLS. ACT 245. An act to prevent the waste and flow of water from artesian wells and f prescribing penalties therefor and defining waste and artesian wells. Approved March 6, 1907. Stats. 1907, p. 122. Amended 1909, p. 749.] This act appears in full in Appendix, Penal Code, p. 2003. Former act: See Stats. 1877-78, p. 195; amended 1901, p. 284. Citations. Cal. App. 6/235. TITLE 33. ASEXUALIZATION. ACT 247. An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble-minded Children, and of convicts in the state prisons. [Approved April 26, 1909. Stats. 1909, p. 1093.] S5 ASSAULT— ASSIGNMENTS OF CONTRACTS, Acts 250-260 § 1. Whenever in the opinion of the medical superintendent of any state hospital, or the superintendent of the California Homo for the Care and Training of Feeble-minded Children, or of the resident physi- cian in any state prison, it would be beneficial and conducive to the benefit of the phj'sical, mental or moral condition of any inmate of said state hospital, home, or state prison, to be asexualized, then such superintendent or resident physician shall call in consultation the general superintendent of state hospitals and the secretary of the state board of health, and they shall jointly examine into all the particulars of the case with the said superintendent or resident physician, and if in their opinion, or in the opinion of any two of them, asexualization will be beneficial to such inmate, patient or convict, they may perform the same; provided, that in the case of an inmate or convict confined in any of the state prisons of this state, such operation shall not be performed unless the said inmate or convict has been committed to a state prison in this or in some other state or country at least two times for some sexual offense, or at least three times for any other crime, and shall have given evidence while an inmate in a state prison in this state that he is a moral and sexual pervert; and provided further, that in the case of convicts sentenced to state prison for life who exhibit continued evi- dence of moral and sexual depravity, the riglit to asexualize them, as provided in this act, shall apply, whether they have been inmates of a state prison either in this or any other state or country more than one time. TITLE 34. ASSAULT. ACT 250. To punish assaults with caustic or corrosive liquids and substances. [Stats. 1867-68, p. 19i.] Superseded by Penal Code, § 244. TITLE 35. ASSESSOES. ACT 255. County treasuries, protection of. [Stats. 1873-74, p. 393.] Probably repealed by County Government Act, 1897, p. 452. This act required the assessors of Siskiyou, Calaveras, Amador, and Alpine counties appointing deputies, in pursuance of power given by the board of equal- ization, to pay such deputies. TITLE 36. ASSIGNMENTS OE CONTRACTS. ACT 260. Relative to bonds, duebills and other instruments in writing and making them assignable. [Stats. 1850, p. 332.] This act has not been in terms repealed, and in the absence of positive legis- lation, it is difficult to tell what, if any, part of it is in force. Acts 2G4-282 GENERAL LAWS. 86 TITLE 37. ATTORNEY GENERAL. ACT 284. An act making an appropriation for the purchase of law books for the attorney general. [Approved June 14, 190G. Stats. 1906, p. 32.] This act appropriated $5,000 for the purpose indicated. ACT 265. The better to enable the collection of judgments in favor of the state. [Stats. 1858, p. 159.] This act authorized the attorney general to bid in property under execution in favor of and for the benefit of the state. It was superseded by Political Code, § 470, subd. 8. ACT 266. To provide the office of the attorney general with law books required by him for the conduct of his business and requiring the state librarian to provide and furnish the same. [Stats. 1895, p. 65.] TITLE 38. ATTORNEYS AT LAW. ACT 271. Concerning attorneys and counselors at law. [Stats. 1851, p. 48.] Amended 1859, p. 60; 1861, p. 40; 1869-70, p, 578. Superseded by Code of Civil Procedure, §§ 275 et seq. This act related to the admission and disbarment of attorneys. TITLE 39. AUBURN. ACT 276. Authorizing the trustees of Auburn to remove a cemetery and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.] TITLE 40. BANKRUPTCY AND INSOLVENCY. ACT 281. Insolvent debtors, relief of. [Stats. 1875-76, p. 581.] Supplementing act of May 4, 1852. Repealed by Insolvent Act of 1880, p. 82. Citations. Cal. 55/303, 304; 57/362, 363; 59/135; 62/30; 64/492; 72/445, 447. ACT 232. For the relief of insolvent debtors. [Stats. 1880, p. 82.] Amended 1891, p. 511; 1893, p. 45. Repealed 1895, p. 131. Citations. Cal. 65/363; 87/458; 106/579; 120/404; 141/76, 77. 87 BANKS AND BANKING. Acts 283-293 ACT 283. For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debtors. [Stats. 1895, p. 131.] Amended 1897, p. 35. Superseded by the federal law. Citations. Cal. 111/437, 440; 115/216; 116/265, 368; 117/354, 355, 475, 477; 118/435; 119/563, 587; 122/218, 330, 331, 635; 123/40, 245, 263; 125/ 180, 181, 416, 417; 126/638, 639; 127/104, 305, 556; 128/148, 149, 659, 660; 129/495; 130/458, 572, 573; 131/592, 593, 594; 133/497, 498; 134/373, 374, 375; 135/160, 244; 136/280; 138/739, 740, 742; 139/259, 260, 356, 357, 358, 359, 360, 361; 141/99, 100. TITLE 41. BANKS AND BANKING. ACT 288. For the formation of savings corporations. [Stats. 1862, p. 199.] Amended 1863-64, pp. 158, 531; 1865-66; p. 626; 1869-70, p. 130; 1871-72, p. 132. Supplemented 1867-68, p. 459. "Repealed by § 288, Civ. Code; and even as to pre-existing corporations modi- fied by the codes and the constitution. (McGowan v. McDonald, 111 Cal. 57.)" • — Code Commissioner's Note. See, also, Laidlaw v. Pacific Bank, 70 Pac. 277; Murphy v. Pacific Bank, 119 Cal. 334. Citations. Cal. 72/200; 111/62; 119/338; 137/394, 395; 144/222, 226, 227. ACT 289. Supplemental to the act for formation of savings corporations. [Stats. 1867-68, p. 459.] Repealed by § 288, Civil Code. ACT 290. To provide for the formation of corporations for the accumulation of funds and savings and the direct promotion of manufacturing and mechanic arts, agriculture and mining. [Stats. 1869-70, p. 523.] Repealed by § 288, Civil Code. ACT 291. Concerning corporations engaged in banking. [Stats. 1875-76, p. 729.] Repealed 1893, p. 112; 1895, p. 77. This act provided for the publication of sworn statements by banks. Citations. Cal. 72/56; 97/32; 99/127; 101/308; 104/478; 111/137. ACT 292. To compel savings banks to publish a sworn statement of unclaimed de- posits. [Stats. 1893, p. 183. Eepealed 1905, p. 582.] Codified by amendment of Civil Code, adopted 1905 : See Civil Code, § 583b. Repealed 1905,"p; 582. ACT 293. To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. [Stats. 1897, p. 27.] Codified by amendment of Civil Code, adopted 1905: See Civil Code, § 583b. Repealed 1905, p. 582. Act 294, §§1-5 GENERAL LAWS. 38 ACT 294. An act providing for the dissolution and winding up of savings banks, trust companies, and banks of deposit, and providing for the disposi- tion of all funds deposited therein and not claimed within five years after such banks have ceased to do business, or after the commence- ment of proceedings to dissolve. [Approved March 31, 1891. Stats. 1891, p. 271.] § 1. Right to dissolve savings banks, etc. § 2. Dissolved savings bank fund. § 3. How drawn upon. § 4. When same escheats. § 5. Attorney general empowered to bring actions, § 6. Investment of funds. § 7. Bonds purchased. §8. To sell bonds to meet payments. § 1. That any savings bank or trust company or bank of deposit heretofore created or which may be hereafter created shall have the right, on application of the stockholders or members to the superior court of the county wherein its principal place of business is situated, to dis- solve said corporation in the manner provided for in title six, part three, of the Code of Civil Procedure. §2. It is hereby made the duty of every person or corporation holding funds of any savings bank or trust company or bank of deposit, at the end of five years from and after such bank has ceased to receive deposits or do business, to pay the same into the state treasury, which money shall be held in the state treasury in a fund vv^hich is hereby designated as "the dissolved savings bank fund"; and at the same time it shall be the duty of such person or corporation to furnish to the state controller a list of the names of all depositors to whom said moneys belong or to whom said bank owes the same. §3. The money in said "the dissolved savings bank fund" may be drawn out on the warrants of the state controller, issued on proofs of ownership, approved and allowed by the state board of examiners. §4. All moneys paid into the said "the dissolved savings bank fund" uncalled for within five years after being paid in shall escheat to the state, and thereafter only drawn out in such manner as now pro- vided for by law for the estates of deceased persons escheated to this state. § 5. That any person or corporation failing to comply with the pro- visions of this act shall be liable to the state of California for the amount of money so retained by them contrary to the provisions of the first four sections of this act; and the attorney general of this state is hereby authorized, empowered, and directed to bring action, in the name of the people of the state of California, in such manner and upon the 39 BANKS AND BANKING. Acts 295-297 same terms as now provided for escheated estates, to recover judgment for said money, and when so recovered, to be paid into the state treasury and held subject to the provisions of this act; provided, that said fund shall be liable for the expense of the recovery of the same, to be paid out upon demands audited by the state board of examiners. § 6. Whenever and as often as there is in the state treasury to the credit of the said "the dissolved savings bank fund" the sum of ten thousand dollars, the state board of examiners must invest the same in civil funded bonds of this state, or in bonds of the United States, or in bonds of the several counties of this state; the investments to be made in such manner and upon such terms as the board shall deem for the best interests of the said "the dissolved savings bank fund"; provided, that no bonds of any counties shall be purchased, of which the debt, debts, or liabilities at the time exceed fifteen per cent of the assessed value of the taxable property of said county. § 7. All bonds purchased by the board under the provisions of this act must be delivered to the state treasurer, who shall keep them as a portion of said "the dissolved savings bank fund," the interest upon such bonds to be placed by him to the credit of said fund. § 8. Whenever the moneys on hand in the state treasury, to the credit of the said "the dissolved savings bank fund" is not sufficient to pay the claims allowed by the state board of examiners against said fund, it shall be the duty of said board to sell such bonds belonging to said fund as they may deem proper, for the purpose of providing funds for the payment of such claims so allowed by them. § 9. This act shall take effect from and after its passage. ACT 295. Creating a board of bank commissioners. [Stats. 1877-78, p. 740.] Amended 1887, p. 90; 1895, p. 172; 1901, p. 30. Repealed 1903, p. 73. Citations. Cal. 53/547; 79/465; 86/259; 97/472; 100/111; 102/450; 103/ 32; 106/69: 125/457; 133/108; 137/394; 141/78; 145/706, 710, 711; 154/ 196, 198. App. 1/192; 2/446, 448; 8/571. ACT 296, An act creating a board of bank commissioners, and prescribing their duties and powers. [Approved March 24, 1903. Stats. 1903, p. 365. Amended 1905, p. 304; 1907, p. 572. Eepealed 1909, p. 87.] Citations. Cal. 152/262, 263, 264, 266, 267, 268, 269, 271; 154/196, ACT 297. An act to define and regulate the business of banking. [Approved March 1, 1909. Stats. 1909, p. 87.] This act appears in full in Appendix, Civil Code, p. 1856. Acts 301-318 GENERAL LAW3. 40 TITLE 42. BARBEES. ACT 301. To regulate the practice of barbering, the registering and licensing of persons to carry on such practice, and to insure the better education and promote competency and skill among such practitioners in the state of California. [Approved February 20, 1901. Stats. 1901, p. 15.] Repealed 1903, p. 166. TITLE 43. BEE CULTUEE. ACT 306. To authorize the boards of supervisors of the several counties of this state to appoint inspectors 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, p. 285.] Repealed 1901, p. 13. The nature of the act appears from its title. ACT 307. To promote the apicultural interests of the state of California by pro- viding county inspectors of apiaries, and defining their duties, and providing for their compensation, and repealing the act entitled "An act to authorize the board of supervisors of the several counties of this state to appoint inspectors of apiaries, and provide for their compensation, and defining their duties, and for the further protec- tion of bee culture," approved March 13, 1883. [Approved February 20, 1901. Stats. 1901, p. 13.] Amended 1903, p. 7. TITLE 44. BENEFIT SOCIETIES. ACT 312. Mutual benefit and relief associations. [Stats. 1873-74, p. 745.] Amended 1880, p. 25; 1901, p. 6. Codified by §§452a, 453, Civil Code. Citations. Cal. 128/263; 142/491, 492, 493, 495, 496. TITLE 45. BENEVOLENT COEPOEATIONS. ACT 317. To further extend the act concerning corporations. [Stats. 1857, p. 75.] This act authorized the formation of corporations for benevolent purposes. ACT 318. Further extending act concerning corporations,. [Stats. 1858, p. 57.] Amended and supplemented 1858, p. 264. This act allowed the formation of corporations for charitable and benevolent purposes. 41 BENICIA— BIG TREKS, Acts 319-338 ACT 319. Supplementary to act of 1850 concerning corporations. [Stats. 1858, p. 264.] This act authorized the formation of corporations for benevolent and literary purposes. TITLE 46. BENICIA. ACT 324. To settle land titles in. [Stats. 1865-G6, p. 107.] ACT 325. To cede certain property to. [Stats. 1855, p. 239.] This act ceded to Benicia the entire waterfront of thatlcity: See act of 1859, p. 314. Citations. Cal. 118/345, ACT 32G, Election of assessor, city marshal, and treasurer of. [Stats. 1877-78, p. 400.] Superseded by incorporating, in 1886, under Municipal Corporation Act of 1883. ACT 327. To provide for the government of. [Stats. 1859, p. 314.] Supplemented 1860, p. 118; 1861, p. 17. Amended 1862, p. 231; 1867-68, pp. 3, 206; 1869-70, p. 854; 1873-74, p. 777. Superseded by incorporating, in 1886, under the Municipal Corporation Act of 1883. TITLE 47, BERKELEY, ACT 330, To incorporate the town of, [Stats. 1877-78, p. 8S8.] Superseded by the charter of Berkeley, 1895, p. 410: Miner v. Justices' Court, 121 Cal. 264. ACT 331, Charter of Berkeley. [Stats. 1895, p, 410.] Amended 1905, p. 829. See Act 332. Citations. Cal. 5/578, 579, 580, ACT 332, Charter of Berkeley. [Stats. 1909, p. 1208.] ACT 333, To create a justice's court for the town of. [Stats. 1895, p. 205,] Unconstitutional: Miner v. Justices' Court, 121 Cal. 264. TITLE 48. BIG TREES. ACT 338. Big trees, protection of, in Fresno, Tulare and Kern counties. [Stats, 1873-74, p. 347.] Acts 339-354 GENERAL LAWS. 42 ACT 339. To provide for the management of the Mariposa big tree grove, [Stats. 1880, p. 44.] Amended 1885, p. 212. Repealed 1907, p. 268. TITLE 49. BILLS AND NOTES. ACT 344. EelatiHg to bills of exchange and promissory notes. [Stats. 1850, p. 247.] Superseded by provisions of Civil Code relating to negotiable instruments. Citations. Cal. 90/107; 103/322, 323. TITLE 50. BIED AND AKBOB DAY. ART 348. An act to establish a bird and arbor day. [Approved March 3, 1909. Stats. 1909, p. 134.] § 1. March 7th of each year, being the anniversary of the birth- day of Luther Burbank, is hereby set apart and designated bird and arbor day. All public schools and educational institutions are directed to observe bird and arbor day, not as a holiday, but by including in the school work of the day suitable exercises having for their object instruc- tion as to the economic value of birds and trees, and the promotion of a spirit of protection toward them. § 2. This act shall take effect from and after its passage. TITLE 51. BLUE BOOK. ACT 349. To provide for the compilation, printing, binding, publishing and dis- tribution of a legislative manual and state blue laook, or roster, and repealing conflicting acts. [Approved February 13, 1903. Stats. 1903, p. 19.] Further acts can be found in Statutes 1891, p. 454, and 1893, p. 218. TITLE 52. B'NAI B'EITH. ACT 354. Concerning order of B'nai B'rith. [Stats. 1867-68, p. 310.] This act conferred corporate power on this society. 43 BOARD OF EXAMINERS— BONDS. Acts 359-368 TITLE 53. BOAED OF EXAMINEES. ACT 359. Purchase of supplies for state officers and members of the legislature. [Stats. 1875-76, p. 314.] This act constituted the state board of examiners a furnishing board with cer- tain powers and duties. ACT 360. To authorize the state board of examiners to invest the moneys derived from the state school lands in the bonds of the several counties of this state. [Sats. 1871-72, p. 54. Eepealed 1883, p. 25.] ■ACT 361. Authorizing state board of examiners to sell old furniture and all mate- rial belonging to the state and not required for public use. [Stats. 1891, p. 452.] ACT 362. Prescribing certain duties to be performed by the state controller, state treasurer, and state board of examiners. [Stats. 1871-72, p. 118.] This act provided for reports as to warrants on the treasury, the adjustment of balances, the counting of funds, and the cancellation of warrants not called for. It appears in full in Appendix, Political Code, p. 1843. TITLE 54. BOAEDS OF FEEEHOLDEES. ACT 367. In relation to municipal elections where the same are held separate from general state elections, and elections held under the authority of section eight of article eleven of the constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters, and to repeal an act entitled an act in rela- tion to elections held under the authority of section eight of article eleven of the constitution, approved March 31, 1897. [Approved March 4, 1899. Stats. 1899, p. 63. Eepealed 1907, p. 661.] Citations. Cal. 133/344. BOAEDS OF TEADE. See title "Chambers of Commerce." See Act 1014. TITLE 55. BONDS. ACT 368. An act making the cost of certain bonds of receivers, assignees, trustees, guardians, administrators and executors chargeable to a certain extent against the trust estate. [Approved March 20, 1905, Stats. 1905, p. 477.] Acts 369-376 GENERAL LAWS. *4 § 1. Any receiver, assignee, trustee, guardian, administrator or ex- ecutor required by law or by the order of court to give a bond as such, shall be allowed as part of the lawful expenses of executing his trust, the sum paid for such bond, not exceeding, however, one-half (i/4) of one (1) per cent of the amount of such bond, for each year that the same shall remain in force. ACT 369. To provide for funding the indebtedness of counties in certain cases. [Stats. 1884, p. 8.] Superseded by County Government Act, 1897, subd. 13, § 25, p. 460. ACT 370. To provide for the funding indebtedness of the several counties of the state and the issuing of bonds therefor. [Stats. 1889, p.. 37.] Superseded by § 25, County Government Act, 1897, p. 457. ACT 371. Authorizing the several counties of the state to create a bonded indebt- edness. [Stats. 1889, p. 348.] Superseded by § 25, County Government Act, 1897, p. 460. ACT 372. Providing for submitting to the qualified electors of a county or city and county a proposed issue of bonds. [Stats. 1883, p. 375.] Superseded by § 25, County Government Act of 1897, and as to San Fran- cisco by its charter. ACT 373. Authorizing the board of supervisors of any county, or any subdivision of a county, having a bonded debt, to refund such debt at a less rate of interest. [Approved March 18, 1885, p. 211.] Superseded by subd, 13, § 25, County Government Act, 1897, p. 460. ACT 374. To provide for the payment of interest on the outstanding bonds of the state held in trust for the university fund and the state school fund. [Stats. 1893, p. 75.] Amended 1899, p. 93. ACT 375. To provide for the redemption and payment of certain funded debt bonds of the state. [Stats. 1893, p. 49.] ACT 376. To provide for the issuance and sale of state bonds to create a fund for the construction by the board of state harbor commissioners of a seawall and appurtenances in the city and county of San Francisco; 45 BONDS. Acts 377-382 to create a sinking fund for the payment of said bonds; and pro- viding for the submission of this act to a vote of the people. [Ap- proved March 20, 1903. Stats. 1903, p. 247.] This act provided for the submission to the people of the question of voting: upon tlie issuance of bonds to the amount of $2,000,000 for the construction of a seawall in San Francisco: See Acts 1435 and 1436. See Spears v. Reeves, 148 Cal. 501. See, also, Stats. 1907, p. 722. Citatious. Cal. 148/502. ACT 377. To facilitate the giving of bonds required by law. [Stats. 1885, p. 114.] This act appears in full in Appendix, Civil Code, p. 1895. It authorized surety corporations to act as sole surety. Citations. Cal. 97/355. ACT 378. In relation to suits brought on official bonds and obligations in favor of the state. [Stats. 1857, p. 173.] Superseded by Political Code, §§ 9S3, 984. ACT 379. To provide for the payment by the state or counties, or cities, or cities and counties, of the premium or charge on official bonds when given by surety companies. [Stats. 1903, p. 476.] This act appears in full in Appendix, Political Code, p. 1781. ACT 380. To provide for the redemption and payment of certain funded debt bonds of this state, together with interest thereon, making an appropria- tion 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. [Approved February 27, 1893. Stats. 1893, p. 49.] ACT 381. To provide for the payment of funded indebtedness of the state of Cali- fornia, and to contract a funded debt for that purpose. [Approved March 31, 1891. Stats. 1891, p. 210.] The act created a board of commissioners to issue bonds for the purpose in- dicated and provided for the sale and redemption of the bonds. ACT 382. An act authorizing the common council, board of trustees, or other gov- erning body of any incorporated city or town other than cities of the first class to refund its indebtedness, to issue bonds therefor, and to provide for the payment of the same. [Approved March 9, 1897. Stats. 1897, p. 75. Amended 1901, p. 274.] Unconstitutional in part: Los Angeles v. Hance, 122 Cal. 77. Act 382, §§1,3 GENERAL LAWS. 46 § 1. The common council, board of trustees, or other governing body of any incorporated city or town other than cities of the first class, in this state, having an outstanding indebtedness, evidenced by bonds or warrants thereof, or by judgment or judgments recovered against it upon bonds or warrants originally issued by such town or city, is empowered, by a two-thirds vote of its number, to fund or refund the said indebted- ness and issue bonds of such city or town therefor in sums of not less than one hundred dollars nor more than one thousand dollars each, and having not more than forty years to run, and bearing a rate of interest not exceeding six per cent per annum, payable semi-annually; provided, that no indebtedness shall be refunded at a higher rate of interest than that borne by the original debt. Such bonds shall be of the character known as "serials," not less than one-fortieth of the principal being pay- able each year, together with the interest due on all sums unpaid. Prin- cipal and interest on said bonds shall be payable in gold coin or other lawful money of the United States, as may be expressed in said bonds, at the office of the treasurer of said city or town. Said bonds shall be sold in the manner provided by such city council or other governing body, to the highest bidder therefor, for not less than their face value, in the same character of money as that in which they are payable. The proceeds of such sale shall be placed in the treasury of such city or town to the credit of the "funding fund," and shall be applied only to refunding the indebtedness for which said bonds were issued. Said trustees, or other governing body, shall at the time for fixing the general tax levy for each year, and in the same manner as such tax levy is made, levy and collect sufficient money to pay such part of the principal of said bonds issued imder this act as one year bears to the number of years for which the bonds are to run, and also the annual interest upon the sums unpaid. [Amended 1901, p. 274.] §2. Whenever sufficient money is in the funding fund, in the hands of the treasurer, to redeem 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 circulation published in such city or town, if there be any, a notice to the effect that he is prepared to pay such bond or bonds (giving the number thereof), and if the same are not presented for redemption within thirty days after the first publication of such notice, the interest on such bonds will cease. He shall, at the same time, deposit in the postoffice a copy of such notice, inclosed in a scaled envelope, with the postage paid thereon, addressed to the owner or own- ers of such bond or bonds, at the postoffice address of such owner or owners, as shown by the record thereof kept in the treasurer's office. If such bond or bonds are not presented within the time specified in such notice, the interest thereon shall then cease, and the amount due be set aside for the payment of the same, whenever presented. All redemption of bonds shall be made according to the priority in the order of their issuance, beginning at the first number. Whenever such outstanding bonds are surrendered and paid, the treasurer shall proceed to cancel the same by indorsing on the face thereof the amount for which they are 47 BONDS. Acts 383, 384 received, the word "Canceled" and the date of cancellation. He shall also keep a record of such bonds so redeemed, and shall make a report of the same to the common council, or other governing body of such city or town, at least once a month, accompanying the same therewith by the bonds which have been taken up and canceled. § 3. All moneys which shall remain in said funding fund after all outstanding bonds or indebtedness as were proposed to be refunded have been taken up and canceled, shall be paid into the general fund of such city or town, and become a part thereof. [Amended 1901, p. 275.] § 4. Chapter eighty-two of the statutes of eighteen hundred and eightj'-three, chapter forty-eight of the statutes of eighteen hundred and ninety-three, and chapter one hundred and seventy-six of the statutes of eighteen hundred and ninety-five, all being laws of the state of Cali- fornia in conflict herewith, are hereby repealed. § 5. This act shall take effect and be in force immediately after its passage. This act repealed the act of March 15, 1883, Stats. 1883, p. 370, and the amendatory acts of March 1, 1893, Stats. 1893, p. 61, and of March 27, 1895, Stats. 1895, p. 203, providing for the refunding of indebtedness and the issuing of bonds. ACT 383. An act providing for submitting to a vote of the qualified electors of a county, or citv and county, a proposal to issue bonds. [Approved March 15, 1883. Stats. 1883, p. 375.] Compare subd. 13, § 25, County Government Act, Stats. 1897, p. 460. ACT 384. An act to authorize the several counties of this state to create a bonded indebtedness for certain purposes. [Approved March 19, 1889. Stats. 1889, p. 348.] Issuance of bonds to pay county indebtedness, not created by law, to be submitted to a vote. § 1. "Whenever it shall appear to the satisfaction of the board of supervisors of any county of this state that said county is justly in- debted 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 or- dinance, declare that said county is 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 named, for the purpose of paying said debt, shall be submitted to a vote of the legal voters of said county. Notice of election. §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 Act 385. I 1 GENERAL LAWS. 48 said comity the question whether said bonds shall be issued or not. The notice shall state the amount of bonds to be issued, the purpose for which they are issued; said notice shall be published, and the election held as provided by section thirty-seven of an act of the legislature of the state of California, entitled "An act to establish a uniform system of county and township governments," approved March fourteenth, eighteen hundred and eighty-three. Return. § 3. If upon return of the election it shall appear that two-thirds of all the voters voting at such election have voted in favor of issuing said bonds, the supervisors are required to issue bonds in the sum named in the notice of election, payable to the creditors named in said ordinance; said bonds shall bear interest at the rate of five per cent per annum, and shall be payable at such time as the board of supervisors shall order, not exceeding twenty years from. date. They shall be signed by the chair- man of the board of supervisors and county clerk. Tax levy to pay interest. § 4. It shall be the duty of the board of supervisors each year to levy a tax sufficient to pay the annual interest on said bonds, and to pay the principal as the same shall become due. This act is to take effect from and after its passage. Compare subd. 13, § 25, County Government Act, Stats. 1897, p. 460. ACT 385. An act providing for the destruction of municipal bonds of municipal corporations where the same have been executed and remain unsold. [Approved February 26, 1897. Stats. 1S97, p. 34.] § 1. Whenever there remain in the possession of any municipal cor- poration 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 body of such city to have become impossible or inexpedient, and that their destruction 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, in any newspaper published and circulated in said city which may be designated by said board; such notice shall specify the time and place of such in- tended destruction, and the reason alleged therefor, together with a gen- eral description of the character and amount of said bonds. And it shall be lawful for said board, at the time and place and in accordance with the terms of said notice, publicly to destroy said bonds unless at least three days prior to said time, written objections to such destruction shall be filed with the clerk of said city, signed by a majority of the legal voters of said city as appears by the vote cast at the last preceding general municipal election. 49 BONDS. Act 386, §§ 1-3 §2. No further or other issue of bonds in place of those thus .ie- stroyed shall be made by such city, or its board of trustees, or other governing board, unless again authorized by a vote of the people as provided by law. §3. This act shall take effect and be in force from and after its passage. ACT 386. An act to authorize municipal corporations to declare all or any of their bonded indebtedness to be at once due and payable, to compromise such bonded indebtedness and to consent to a judgment in favor of the holders of the same. [Approved March 16, 1903. Stats. 1903, p. 164.] § 1. Whenever any incorporated city or town in this state has an outstanding indebtedness evidenced by the bonds thereof the common council, board of trustees or other governing body thereof, shall have the power to submit to the qualified electors of such city or town at any election to be held for that purpose, the question of declaring all or any of such bonds to be at once due and payable, of compromising such bonded indebtedness, of consenting to a judgment in favor of the holders of such bonds, and of providing for the payment of such judgment in installments. Said election shall be called and held in the same manner in which other elections are held in such city or town. The notice of such election shall specify the bonded indebtedness which it is proposed to declare at once due and payable, the terms of the proposed compromise of the same, of the proposed judgment by consent in favor of the holders of such bonds, and the proposed method of paying such judgment in installments. The question shall be voted upon as an entirety. If at such election two-thirds of the qualified electors vote in favor of the question sub- mitted, the said common council, board of trustees or other governing body shall, by ordinance, declare the bonds described in said notice of election, to be at once due and payable and thereupon shall be authorized to carry into effect the compromise and to consent to the judgment speci- fied in such notice of election, and to the proposed method of paying the same in installments, and to designate by resolution the officers and attorneys who shall sign the necessary documents, and to provide for the collection of an annual tax, sufficient to pay the interest on such judgment as it falls due, and such a proportion of the principal thereof as is designated in such notice of election. § 2. No proceeding under section 1 hereof shall affect the rights of any nonconsenting holder of any bond or bonds specified in the notice of election. § 3. In any action brought upon any of the bonds described in the notice of election, the judgment of any court of competent jurisdie- Gen. Laws — 4 Act 387, § 1 GENERAL LAWS. 60 tion in such action, shall be conclusive as to the regularity of all pro- ceedings taken under the provisions of section 1 of this act. § i. Whenever any action is brought upon any of the bonds de- scribed in the notice of election, the plaintiff shall be required to deposit in the court iu which such action is brought, the bonds upon which he sues and when the judgment of such court, rendered in accordance with the terms of the proposed compromise described in such notice of elec- tion, becomes final, the bonds sued upon shall be delivered to the treas- urer of the city or town against which such judgment is rendered, to be held by him and his successors in office until such judgment shall have been satisfied in full. If for any reason such judgm.ent should be re- versed or set aside or any orders or writs thereunder should be dis- obeyed by the defendant or its officers, it shall be the duty • of such treasurer to return said bonds to the plaintiff who thereupon may at his own option be relegated to all the rights which he held and enjoyed under such bonds, crediting, however, on such rights, all amounts already received on such judgment. The performance of the duty imposed herein upon such treasurer may be enforced by the court in which such judg- ment is rendered. §5. All acta or parts of acts conflicting with this act are hereby repealed. § 6. This act shall take effect immediately. ACT 387. An act in relation to municipal bonds. [Approved February 28, 1903. Stats. 1903, p. 61.] § 1. Whenever the owner of any coupon bond, or of any bond payable to bearer, already issued or hereafter issued by any municipal corporation now or hereafter existing in this state, shall present any such bond to the treasurer or other officer of such corporation, who by law performs the duties of treasurer, with a request for the conversion of such bond into a registered bond, such treasurer, or such other officer, shall cut off and cancel the coupons of any such coupon bond so pre- sented, and shall stamp, print, or write upon such coupon bond, or such other bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be convenient, a statement to the effect that the said bond is registered in the name of the owner, and that there- after the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time any such bond may be trans- ferred by such registered owner in person, or by attorney duly author- ized on presentation of such bond to such treasurer, or such other officer, and the bond be again registered as before, a similar statement being stamped, printed, or written thereon. Such statement stamped, printed, or written upon any such bond may be in substantially the following form. 51 BONDS. Act 388, §§ 1, 2 (Date, giving month, year, and clay.) This bond is registered pursuant to the statute in such cases made and provided in the name of (here insert name of owner) and the in- terest and principal thereof are hereafter payable to such owner. Treasurer (or such other officer). After any bond shall have been registered as aforesaid, the principal and interest of such bond shall be payable to the registered owner. Such treasurer, or such other officer, shall keep in his office a book, or books which shall at all times show what bonds are registered and in whose names respectively. § 2. Whenever under any statute of this state or any charter of any municipal corporation in this state, any bonds are issued, whether the proceedings for the issuance of such bonds have been had in whole or in part prior to the enactment of this statute, or whether the same have been had in whole or in part after the enactment of this statute, such bonds may be issued either in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds, and some in the form of registered bonds, as has been or hereafter may be provided in the proceedings for the issuance of such bonds, and not- withstanding any language or provision to the contrary contained in any such statute or charter authorizing the issuance of the bonds, or in any other law of the state. The provisions of section 1 of this act shall apply to coupon bonds, so issued, as well as to other coupon bonds, or other bonds payable to bearer. § 3. This act shall take effect immediately. ACT 388. An act to authorize municipal corporations to issue bonds, for the pur- pose of investing the proceeds arising from the sale thereof, in other bonds issued for public improvements. [Approved April 26, 1909. Stats. 1909, p. 1096.] Bonds to provide funds for improvement. §1. Any municipal corporation in the state of California may incur a bonded indebtedness to -provide a fund to be called a "general im- provement fund," and said fund may be invested or reinvested in any bonds issued by such municipality, or bonds issued for street work or other public improvements, under any act of the legislature providing for the performance of street work or other public improvements. How issued. §2. The bonds authorized to be issued under the provisions of this act shall be called "investment bonds," and shall be issued in the manner provided for in an act entitled "An act authorizing the incurring of in- debtedness by cities, towns and municipal corporations for municipal im- provements, and regulating the acquisition, construction and completion Act 389, § 1 GENERAL LAWS. 52 thereof," in effect February 25, 1901, and amendments thereto; provided, that the ordinance calling for the election therein provided for, need not contain any statement as to the estimated cost of the proposed public improvement. Such bonds when issued, shall be redeemed and paid as provided in the above herein mentioned act. Investment of bonds. Eeinvestment. § 3. It shall be the duty of the legislative branch of every town, city or municipal corporation availing itself of this act, to keep the funds arising from the sale of bonds issued under this act, separate and distinct from all other municipal funds, and to invest and reinvest the same in the serial improvement bonds issued for street sewer, drainage or other improvements within said municipality, and to collect the in- terest on said bonds and credit the same to said fund, and said municipal- ity shall have the right to sell, at the discretion of its legislative branch, any of said serial bonds by it purchased, provided that they shall not sell said bonds at a price less than the price paid therefor, and said pur- chase price of said bonds so sold, together with the accrued interest thereon, shall be credited to the said "general improvement fund," and may be again reinvested in serial bonds, as aforesaid, the intention being that said general improvement fund shall constitute a revolving fund, for the purpose of enabling the property owners to pay their serial bonds in annual installments to the city, and thus enable the municipality to let contracts for the completion of said improvement, on a cash basis. § 4. The provisions of this act shall not repeal nor modify the pro- visions of any other act. §5. This act shall take effect and be in full force and effect from and after ita passage. ACT 389. An act to legalize bonds to be issued and sold by municipalities where authority for such issuance has already been given by a vote of more than two-thirds of the electors of such municipality. [Approved March 24, 1909. Stats. 1909, p. 689.] § 1. In all cases where the legislative branch of any municipality in the state of California, organized under an act of the legislature of said state, entitled: "An act to provide for the organization, incorporation and government of municipal corporations," approved the 13th day of March, 1883, has deemed it necessary to incur any indebtedness in ex- cess of the money in the treasury, applicable to the purpose for which said indebtedness is to be incurred, and has called a special election of the qualified electors of such municipality to determine whether such in- debtedness as specified in the resolution or ordinance calling such elec- tion shall be incurred, and where, at such election, not less than two- thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, and such legislative branch of such municipality shall have passed an ordinance providing 53 BOOMS — BOUNTIES. Acts 392-403 for the mode of creating such indebtedness and of paying the same, and the mode of creating such indebtedness has been by the proposed issu- ance of the bonds of such municipality all the proceedings of such municipality leading up to and including the issuance and the proposed issuance of such bonds are hereby validated, legalized, ratified, confirmed and declared valid to all intents and purposes; and all such bonds, sold after the passage of this act for not less than their par value are hereby legalized and declared to be legal and valid obligations of and against such municipality so issuing and selling the same, and the faith and credit of such municipality is hereby pledged for the prompt payment and redemption of the principal of such bonds and the coupons thereto attached; provided this act shall not operate to legalize any bonds of any municipality already sold or any bonds that have not, at the time of the passage of this act, been authorized by not less than two-thirds of the qualified electors of such municipality voting at any such election. § 2. This act shall take effect and be in force from and after ita passage. Former act on this subject can be found in Stats. 1907, p. 10-1. Citations. Cal. 151/478. TITLE 56. BOOMS. ACT 392. Authorizing boards of supervisors to grant franchises for constructing booms. [Stats. 1881, p. 25.] Superseded by subd. 35, § 25, County Government Act, 1897, p. 466. Re- pealed 1901, p. 265. TITLE 57. BOUNDAEIES OP STATE. ACT 397. To provide for the correction and establishment of the eastern boundary of the state. [Stats. 1889, p. 38.] Perhaps obsolete, for it provided the work was to be done in one year. ACT 398. To define and establish a portion of the eastern boundary of the state of California. [Became a law under constitutional provision without governor's approval, March 1, 1901. Stats. 1901, p. 89.] TITLE 58. BOUNTIES. ACT 403. Fixing a bounty on coyote scalps. [Stats. 1891, p. 280.] Repealed 1895, p. 1. Citations. Cal. 106/116, 120, 125; 141/355; 144/683, 686, 689, 693, 694, 696. Construed in Bickerdike v. State, 144 Cal. 681, 698. Acts 408-419 GENERAL LAWS. 64 TITLE 59. BRANCIFOETE. ACT 408. To settle land titles in the town of Branciforte, Santa Cruz County. [Stats. 1863-64, p. 443.] TITLE 60. BRAZOS DEL EIO. ACT 413. Changing the name of the town of Brazos del Eio in Solano county to Eio Vista. [Stats. 1861, p. 12.] TITLE 61. BEIDGES. ACT 418. Authorizing cities to maintain drawbridges across navigable streams flowing through or penetrating the boundaries of such cities. [Stats, 1883, p. 295.] ACT 419. An act concerning bridges across navigable streams. [Approved February 25, 1897. Stats. 1897, p. 21.] § 1. The board of supervisors of any county in this state now con- trolling or maintaining, by virtue of any statute, any bridge across any navigable stream wholly or in part within the boundary lines of any municipal corporation, is hereby authorized and empowered, whenever it may become necessary, in the interest of commerce or by reason of any such bridge being out of repair, to reconstruct and rebuild any part of such bridge, or replace such bridge by a new structure, or with the con- sent 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 abandon any such existing bridge and rebuild a new bridge at such changed location, and the board of supervisors of any such county so rebuilding and reconstructing said bridge may enter into an agreement with any person or corporation, now maintaining any bridge across any such navigable stream, for the build- ing of a joint bridge for the purpose of preventing the impeding of com- merce on such navigable streams, and of apportioning 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 corpora- tion. §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 su GENERAL LAWS. 104 ($27,000) dollars, for the purpose of carrying out the objects of this act, to be used by the secretary of state in the employment of a license superintendent and cashier; one permanent clerk; such other clerks from time to time as may be necessary; for the purchase of the necessary desks, furniture, stationery, books, postage, and for the necessary print- ing, ruling, binding and materials furnished by the state printing office, and for all other necessary incidental expenses, to be used and expended during the balance of the fifty-sixth, and during the fifty-seventh, and fifty-eighth, fiscal years, and the state controller is hereby directed to draw his warrant for any claim against said amount, the same having been approved by the state board of examiners, and the treasurer is hereby directed to pay the same. See note at end of act. Directors to settle affairs of corporation. § 10a. In all cases of forfeiture under the provisions of this act, the directors or managers in office of the affairs of any domestic corporation, whose charter may be so forfeited, or of any foreign corporation whose right to do business in this state may be so forfeited, are deemed to be trustees of the corporation and stockholders or members of the corpora- tion whose power or right to do business is forfeited and have full power to settle the affairs of the corporation and to maintain or defend any action or proceeding then pending in behalf of or against any of said corporations, or to take such legal proceedings as may be necessary to fully settle the affairs of said corporation, and such directors or man- agers, as such trustees, may be sued in any of the courts of this state by any person having a claim against any of said corporations. Provided always that no action pending against any corporation shall abate thereby, but may be prosecuted to final judgment the same may be enforced by execution with the same force and effect and in like manner as though no forfeiture had occurred; and Provided further: That where judgment has been entered against any corporation prior to forfeiture under this act, that notwithstanding execu- tion may be issued thereon and the property of said corporation, or which may come into the hands of any trustees for it may be levied upon seized and sold to satisfy the same with like force and effect as though such forfeiture has not occurred. [Amendment approved March 20, 1907. Stats. 1907, p. 746. In effect immediately.] § 10b. [Eepealed March 19, 1909. Stats. 1909, p. 459. In effect July 1, 1909.] Section 2 of the amendatory act of 1907, p. 664, is as follows: "Sec. 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of forty thousand ($40,000) dollars, for the purpose of carrying out the objects of this act, to be used by the secretary of state in the employment of a license superintendent and cashier; one permanent clerk; such other clerks from time to time as may be necessary; for the pur- chase of the necessary desks, furniture, stationery, books, postage, and for the necessary printing, ruling, binding end materials furnished by the state printing ofBce and for all other necessary incidental expanses, to be used and expended 105 CORPORATIONS. Acts 758-763 durinsr the balance of the fifty-eighth, and during the fifty-ninth and sixtieth fiscal years, and the state controller is hereby directed to draw his warrant for any claim against said amount, the same having been approved by the state board of examiners, and the treasurer is hereby directed to pay the same." ACT 758. An act to provide for the incorporation of associations for lending money on personal property, and regulating the same, and to forbid certain loans of money, property or credit. [Approved March 21, 1905. Stats. 1905, p. 711.] Citations. Cal. 148/263, 264. Declared unconstitutional: In re Sohneke, 148 Cal. 262. This act limited the rate of interest ou chattel mortgages. Compare Act 1673. ACT 759. Concerning corporations. [Stats. 1850, p. 347.] Amended 1851, pp. 424, 426. Repealed 1851, p. 433, c. CXVITI, § 31. Amended 1852, p. 1C8; 1853, pp. 87, 140, 169; 1854, pp. 162, 166; 1858, pp. 57, 264; 1859, p. 87; 1861, p. 84; 1862, pp. 17, 110, 125; 1863, pp. 34, 747, 766; 1865-66, p. 748; 1869-70, pp. 46, 402; 1871-72, p. 443: 1876, p. 730. Supplemented 1862, p. 17. Extended 1857, p. 75. Repealed: See § 288, Civil Code. Citations. Cal. 5/187; 42/420, 423; 44/91; 50/342; 51/384; 60/310; 63/531; 115/589, 590, 591; 122/336, 137/446; 138/477. Continued in force as to corporations created under it: See Eastman, Estate of, 60 Cal. 308. ACT 760. Supplemental to act of 1850, concerning corporations. [Stats. 1859, p. 93.] Repealed: See § 288, Civil Code. ACT 761. Supplemental to act concerning corporations. [Stats. 1869-70, p. 364.] Repealed by § 288, Civil Code. This act provided for the renewal and extension of corporate existence. ACT 762. Relating to certificates of incorporation. [Stats. 1869-70, p, 107.] Repealed by § 288, Civil Code. This act enabled corporations to amend their articles. ACT 763. To provide for the formation of corporations for certain purposes. [Stats. 1853, p. 87.] Amended 1855, p. 205; 1857, p. 121; 1858, p. 133; 1859, p. 93; 1863, p. 736: 1863-64, p. 149; 1869-70, pp. 132, 364; 1871-72, p. 526. Repealed: See § 288, Civil Code. Citations. Cal. 43/508; 56/347; 64/385; 144/222. This act provided for the formation of corporations for manufacturing, min- ing, mechanical, or chemical purposes, or for the purpose of engaging in any species of trade or commerce. Acts 764-771 GENERAL LAWS. 106 ACT 764. Corporations for trading, maniifacturing, meclianiea], and other lawful purposes. [Stats. 1869-70, p. 822.] Repealed: See § 288, Civil Code. ACT 765. To provide for the formation of plank or turnpike corporations. [Stats. 1853, p 169.] Amended 1854, p. 166; 1857, pp. 171, 280; 1858, pp. 145, 265. Repealed: See § 288, Civil Code. Citations. Cal. 51/384; 73/71. ACT 766. Concerning corporations, legalizing defects in incorporation. [Stats. 1863-64, p. 303.] Citations. Cal. 56/348; 97/280. This act validated defective certificates of incorporation, ACT 767. Concerning assessments of stock in corporations. [Stats. 1S65-6G, p. 4.58.] Supplemented 1869-70, p. 229. In force only as to corporations existing be- fore the codes, § 228, Civil Code. Citations. Cal. 42/434; 65/197. Superseded by §§ 331 et seq.. Civil Code. ACT 768. Corporations to own the lots and houses in which their business is carried on. [Stats. 1875-76, p. 653.] Superseded by Civil Code, § SCO. ACT 769. Imposing a tax on the issue of certificates of stock in corporations. [Stats. 1877-78, p. 955.] Repealed 1897, p. 243. ACT 770. Authorizing certain corporations to act as executors and in other capacities, and to provide for and regulate the administration of trusts by such corporations. [Stats. 1891, p. 490.] Amended 1897, p. 424; 1903, p. 244; 1905, p. 232; 1907, p. 562. This act authorized corporations to act as executors, administrators, guardian's, assignees, receivers, depositaries, or trustees. It authorized a reduction of bonds by the court on deposit of funds with such corporations. It appears in full in Civil Code, Appendix, p. 800. ACT 771. To protect stockholders and persons dealing with corporations. [Stats. 1877-78, p. 695. Amended 1905, p. 786.] This act punished frauds and misrepresentations by officers or agents. Codified in part by § 564, Penal Code. 107 COSTS. Acts 772-782 ACT 772. Eequiring corporations to pay their employees at least once a month. [Stats. 1897, p. 231.] Unconstitutional: Johnson v. Goodyear M. Co., 127 Cal. 4. See this act in Appendix, Civil Code, p. 1898. ACT 773. To provide for the payment of wages of mechanics and laborers employed by corporations. [Stats. 1891, p. 195.] This act provided for the payment of wages, weekly or monthly. It is con- tained in Appendix, Civil Code, p. 1897. Unconstitutional: Slocum t. Bear Valley Irr. Co., 122 Cal. 555. ACT 774. Concerning foreign corporations. [Stats. 1869-70, p. 881.] This act provided that foreign corporations designate some person upon whom summons could be served. Compare § 406, Civil Code. "In many respects superseded by 1871-72, 826, as amended by 1889, 111." — Code Commissioner's Note. This act provided that foreign corporations designate some person npon whom process may be served. Compare § 616, Political Code, § 406, Civil Code, and see Harregan v. Home L. I. Co., 128 Cal. 531. ACT 775. Foreign corporations. [Stats. 1871-72, p. 826.] Amended 1899, p. 111. Citations. Cal. 65/601; 74/122; 95/599; 120/163; 128/536, 537, 538, 539; 138/742, 743, 744; 145/603, 605; 146/650; 149/483, 485. App. 1/719, 721, 722, 723; 3/33. It was codified by § 405 et seq. of the Civil Code, adopted 1S05. ACT 776. Eequiring foreign corporations to file a certified copy of their articles of incorporation in the office of the secretary of state. [Stats. 1901, p. 108.] This act appears in full in Appendix, Civil Code, p. 1907., Codified by §§ 408, 409, 410, of the Civil Code, adopted 1905. TITLE 114. COSTS. ACT 781. Concerning costs in criminal actions removed before trial. [Stats. 1851, p. 185.] Not repealed by Penal Code: See Needham v. Thresher, 49 Oal. 392. ACT 782. Concerning the costs in civil actions for serving summons and subpoenas. [Stata. 1891, p. 56.] This act provided for fees where service was made by a person other than the sheriff. Acts 783-800 GENERAL LAWS. 108 ACT 783. Concerning the payment of costs and expenses of the trial of convicts for crimes committed in the state prison, and to pay the costs of the trial of escaped convicts, and to pay for the expenses of coroners' inquests in said prison. [Stats. 1880, p. 43.] Citations. Cal. 130/20. In the Appendix, Penal Code, p. 2018. See ante, Act 736. TITLE 115. COTENANCY. ACT 788. Concerning tenants in common, joint tenants and coparceners. [Stats. 1857, p. 62.] Citations. Cal. 45/509. Superseded by Code of Civil Procedure, § 384. This act permitted any or all tenants to bring or defend suits. TITLE 116. COUNTERFEITING. ACT 793. To prevent the counterfeiting of gold-dust and other species of gold- [Stats. 1855, p. 178.] Superseded by Penal Code, §§ 477-479. TITLE 117. COUNTIES. County boundaries: See "County Boundaries." County government: See "County Government." Particular county: See particular title. ACT 798. To provide for the transfer of certain moneys from one county to another when a new county has been formed and organized. [Stats. 1893, p. 235.] Citations. Cal. 119/517. Codified by § 3975a of Political Code. ACT 799. Authorizing the allowance, settlement, and payment of claims of counties against the state. [Stats. 1893, p. 109.] This act appears in full in Appendix, Political Code. See Appendix. Political Code, p. 1477. ACT 800. Prescribing how judgments which may be recovered against any city and county of over one hundred thousand population shall be paid, [Stats. 1895, p. 163.] 8e« this act, post, Act 1747. i 109 COUNTY BOUNDARIES. Acts 801-812 ACT 801. Authorizing counties to become stockholders in railroad companies. [Stats. 1859, p. 263.] Amended 1860, p. 203. Repealed by Constitution, art. IV, § 31. ACT 802. To authorize the several counties, cities and counties, cities, and towns of this state, and the officers and boards of officers thereof, to receive property by gift, bequest, and devise, and to hold, manage, and dis- pose of such property, and the income and increase thereof. [Ap- proved February 10, iSSl. Stats. 1881, p. 2.] Superseded by § 4052 of the Political Code. See Civil Code, § 1275; see Act 2338, post. ACT 803. An act to provide for the formation, organization, and classification of new counties, for locating the county seats, for the election and ap- pointment of officers and for the adjustment and fulfillment of the rights and obligations arising between such new counties and other counties. [Approved March 15 1907. Stats. 1907, p. 275. Amended 1909, p. 194.] The title of the amendatory act of 1909 stated that it amendpd §§ 1, 2 and 3 of the act of 1907. The body of the amendatory act also amended § 4. TITLE 118. COUNTY BOUNDARIES. ACT 807. To change and permanently locate the boundary line between the counties of Butte and Plumas. [Stats. 1901, p. 549.] ACT 808. To change and permanently locate the boundary line between the counties of Butte and Yuba. [Stats. 1897, p. 22.] ACT 809. To change and permanently locate the boundary line between the counties of Plumas and Lassen. [Approved February 28, 1901. Stats. 1901, p. 76.] ACT 810. To change and permanently locate the boundary lines between the counties of Glenn and Colusa. [Stats. 1893, p. 158.] ACT 811. Fresno and Tulare counties, establishing county line between. [Stats. 1873-74, p. 700.] See post, Act 819. ACT 812. Supplementing act to define and establish boundary line between the counties of Inyo and Mono. [Stats. 1871-72, p. 316.] Acts 813-823 GENERAL LAWS. 110 ACT 813. Humboldt, Mendocino, Trinity, and Klamath counties, to provide for de- fining boundaries between. [Stats. 1871-72, p. 766.] Citations. Cal. 151/282, 284, 285, 287, 289. ACT 814. To permanently locate the boundary line between the counties of Shasta and Plumas. [Approved March 23, 1901. Stats. 1901, p. 560.] ACT 815. To better define the boundary line of Mariposa and Fresno counties. [Approved April 1, 1872, Stats. 1871-72, p. 891.] Amended 1873-74, p. 100. Citations. Cal. 142/54, 55, 56, 57, 58, ACT 816, Providing for the survey of the line forming a portion of the southern boundary of Siskiyou County and the northern boundary of Lassen County. [Stats. 1871-72, p. 886.] ACT 817. To define the northern boundary line of Napa County, adjoining Lake and Yolo counties, [Stats. 1871-72, p. 305.] ACT 818. To change and permanently locate the boundary lines between the counties of San Luis Obispo and Kern. [Stats. 1885, p. 139.] ACT 819. To establish the county line between the counties of Fresno and Tulare. [Stats. 1875-76, p. 397. Approved March 23, 1876.] See ante. Act 811; post. Act 909. ACT 820. To more clearly define the boundary line between the counties of Lake and Yolo, in the state of California. [Approved April 1, 1872. Stats. 1871-72, p. 903.] ACT 821. To change and permanently locate the boundary line between the counties of Shasta and Lassen. [Stats. 1899, p. 98.] ACT 822. To establish the boundary line between the county of Humboldt and the counties of Del Norte and Siskiyou. [Approved March 23, 1901. Stats. 1901, p. 600.] ACT 823. An act to change, establish and permanently locate the boundary lines of the county of Kings, and a portion of the south boundary line of ill COUNTY CLERK. Acts 824-829 the county of Fresno, and to provide for the submission of such change, establishment and location of such boundary lines,, to the qualified electors of the territory to be affected by the change. [Ap- proved March 14, 1907. Stats. 1907, p. 260.] Citations. Cal. 152/226. App. 7/399, 404, 407. ACT 824. An act to change, establish and permanently locate the boundary lines of the county of Kings, and a portion of the south and east boundary lines of the county of Fresno. [Approved April 12, 1909. Stats. 1909, p. 827.] ACT 825. An act to definitely establish, and permanently locate, the boundary line between the county of Lake and the county of Glenn and a portion of the boundary line between the counties of Lake and Mendocino and the counties of Lake and Colusa, state of California. [Approved March 13, 1909. Stats. 1909, p. 326.] ACT 826. An act to definitely establish and permanently locate the eastern boundary line of Mendocino county, between Mount Hull and the southwest corner of Tehama County, and establish the western boundary of the county of Glenn between Mendocino and Glenn counties. [Approved March 8, 1907. Stats. 1907, p. 135.] TITLE 119. COUNTY CLEEK. ACT 827. In relation to deputies and assistants of county clerks. [Stats. 1880, p. 5.] Citations. Cal. 67/184; 125/191, 192, 194. Superseded by County Government Act, 1897. ACT 828. In relation to deputies, assistants, and copyists of county clerks. [Stats. 1880, p. 20.] Amended 1891, p. 5. Citations. Cal. 125/191. This act provided for the appointment and compensation of deputies, clerks, and assistants in counties, and cities and counties of over 120,000 inhabitants. Unconstitutional: San Francisco v. Broderick, 125 Cal. 188. Superseded as to San Francisco by the charter of that city. ACT 829. Authorizing and empowering county clerks to take and certify affidavits for United States pension claimants without demanding or receiving any fees or compensation therefor. [Stats. 1887, p. 81.] This act appears in full in Appendix, Political Code, p. 1412. See Political Code, § 4302. Acts 834, 835 GENERAL LAWS. 112 TITLE 120. COUNTY GOVERNMENT. ACT 834. To establish a uniform system of county governments. [Stats. 1883, p. 299.] Amended 1885, pp. 125, 166, 195; 1887, pp. 168, 178; 1889, p. 232; 1905, p. 424. Repealed by County Government Act, 1891, p. 295, c. CCXVI. Citations. Cal. 64/292; 65/123, 124, 288, 289, 291, 311, 313; 66/26, 643, 644, 656; 67/117, 119; 68/55, 56, 142, 143; 69/224, 225, 610; 70/60, 460; 71/244, 246, 247, 600; 72/388, 519, 523; 73/370, 372; 74/24, 25, 259, 260, 335, 506, 578; 75/150, 151, 152, 153, 154, 180, 505; 76/2, 94, 607; 77/236, 593, 594; 78/142, 271, 303, 495, 496; 80/342, 362; 82/190, 191; 83/150, 366, 404, 511; 86/257, 258, 259; 87/104, 396, 397, 635; 88/412, 510, 531; 89/13, 16, 22, 23, 230, 523, 526; 91/434; 94/319, 604, 609; 95/330; 96/51; 97/603; 99/285, 629; 102/448; 106/422, 425; 109/183; 111/3G8, 371, 536, 569, 570; 112/66, 69, 71, 72; 113/167; 114/121, 122, 245, 326, 327, 330, 333, 334, 335, 421, 561, 562, 563, 564; 116/113; 117/234, 436, 620, 621, 623; 119/214, 215, 216; 120/559; 122/638; 124/88; 125/211; 126/232, 412, 623; 127/89, 224; 130/81; 131/550; 132/267, 335, 336, 446; 134/560, 561, 675; 135/518, 650; 136/550, 653; 142/588, 590, 591; 145/51, 53, 427. App. 8/504. AMDTS. 1885. Citations. Cal. 68/143, 145; 77/595; 94/635. AMDTS. 1887. Citations. Cal. 88/532; 94/603, 630; 95/475; 97/602; 100/63; 112/73. AMDT. 1889. Citations. Cal. 80/203; 84/73, 75, 76; 85/372; 88/532; 95/85, 331; 98/ 220; 103/491; 104/259; 112/73. Superseded by later county government acts. "Various portions unconstitu- tional. (Miller v. Kister, 68 Cal. 142; San Luis Obispo v. Graves, 84 Cal. 71; Dougherty v. Austin, 94 Cal. 601.) Amended 1905, p. 424 (a mistake for ai\ intended amendment of § 167 of the County Government Act of 1897. See 1897, p. 452.)" — Code Commissioners' Note. ACT 835. To establish a uniform system of county and township government. [Stats. 1891, p. 295.] Amended 1893, p. 310. Repealed 1897, p. 452. Citations. Cal. 89/525; 95/331, 472; 97/242, 243; 98/331; 99/514; 100/ 266, 444; 101/318, 319, 320; 102/164; 103/499, 540; 104/66, 77, 130, 678; 106/402; 107/183, 184, 237, 238, 241, 242; 109/155, 334, 495, 496, 497; 110/622, 623, 624; 112/73, 313; 114/115, 116, 122; 115/630; 116/112, 113, 114, 115; 117/234; 118/361; 120/305, 306, 443; 121/351; 122/429, 430, 432; 125/ 340, 341, 599; 126/622, 623, 625; 131/202, 557; 132/592; 134/560. App. 2/616. AMDT. 1893. Citations. Cal. 117/537; 122/296, 297, 298. Various parts held unconstitutional: People v. Johnson, 95 Cal. 471 ; Welch ▼. Bramlet, 98 Cal. 219; BIoss v. Lewis, 109 Cal. 493; Turner y. Siskiyou County, 109 Cal. 332; Walser t. Austin, 104 CaL 128. 113 COUNTY GOVERNMENT, Acts 836, 837 ACT 836. To establish a uniform system of county and township governments. [Stats, 1893, p. 346.] Amended 1895, p. 1. Repealed 1897, p. 452. Citations. Cal. 103/394; 105/210; 110/554, 555; 112/563; 114/114, 116, 117, 118, 121, 122, 123, 240, 319, 327, 332, 420, 499, 549, 563; 115/548, 549, 550; 116/115, 621, 622; 118/304, 307, 310, 361, 362, 365; 119/120, 511, 629, 688, 689; 120/555, 556, 558, 649, 650, 651; 121/485; 122/137, 138, 139, 302, 303, 645, 646, 647; 123/150, 151; 125/193, 212, 213, 499; 126/ 36, 132, 622, 623, 624, 625, 626, 675; 128/246, 247, 249; 129/527; 130/478, 481; 131/388, 389, 411, 412, 413, 464, 550, 551; 132/215, 276; 133/282, 284; 134/624; 135/100, 516, 535, 536, 652; 136/378; 137/14, 161, 162, 163, 518, 519; 145/50, 51. App. 2/113; 8/246. Unconstitutional in part: Hale v. McGettigan, 114 Cal. 112, AMDT. 1895. Citations. Cal. 111/568; 148/758. ACT 837. To establish a uniform system of county and township government. [Approved April 1, 1897. Stats. 1897, p. 452.] Amended 1901, pp. 681, 685; 1903, pp. 129, 151, 156, 160, 168, 173, 179, 200, 212, 218, 224, 227, 230, 23-2, 237, 239, 241, 402; 1905, 299, 301,308, 310, 313, 318, 320, 325, 333, 335, 338, 352, 356, 358, 361, 363, 365, 366, 371, 373. 376, 383, 385, 391, 393, 394, 401, 424, 430, 435, 439, 441, 476, 477, 482, 485. 504, 507, 511, 523, 524, 544, 547, 552, 582, 670, 676, 721, 722, 723, 746; 1907, pp. 9, 93, 107. Codified in 1907: See Political Code, §§4000-4325. Citations. Cal. 117/619; 121/672; 122/303, 304; 124/348; 125/192, 193 194, 211, 212, 213; 126/36, 37, 132, 134, 406; 127/?7, 160, 161; 128/249 332; 129/363, 527, 611, 612; 130/479, 480, 481; 132/335, 337; 133/75, 76; 134/54, 55, 70, 71, 72, 74, 75, 674; 135/514, 535, 536, 649; 136/65, 66, 68 69, 653; 137/163, 164, 205, 206, 209; 138/60, 62; 139/463, 464, 467, 463 141/393, 394, 395, 398, 428, 429, 430; 142/516, 588, 589, 590, 591; 143/68 69, 172, 173, 245; 144/8, 89, 267, 268, 269, 276, 277; 145/50, 51, 52, 196 425, 687; 146/470, 592, 595; 147/684; 148/248, 249, 250, 251, 580, 746 758; 149/740, 742, 743, 744, 761, 785; 150/96, 456; 152/173, 174, 176, 177 179, 722, 730; 153/168, 372, 444; 154/319. App. 1/184, 185; 709; 2/251 616, 617, 618; 3/693, 694; 7/441, 442, 537, 538; 8/246. AMDT. 1901, Citations. Cal. 134/144, 149; 146/469; 147/684; 148/746, 756. App. 2/97, 102; 3/770. AMDT. 1903. Citations. Cal. 153/211, 212. App. 2/26. AMDT. 1905. Citations. App. 8/22. "Unconstitutional: § 13, Ex parte Anderson, 134 Cal. 69 ; subd. 21 of § 25, Van Harlingen v. Doyle, 134 Cal. 53; provisions as to fees of official reporters, Pratt V. Browne, 135 Cal. 649; subd. 14 of § 183, Lougher v. Soto, 129 Cal. 610; Bubd. 13 of § 164, as amended 1901, p. 685, Tucker v. Barnum, 144 Cal. 266; Bubd. 12% of § 25, 1897, p. 460, Cothran v. Cook, 146 Cal. 470; subd. 13 of Gen. Laws — 8 ;t837 GENERAL LAW3. 114 § 183, as amended 1901, p. 749, in violation of the constitutional provision that the legislature shall regulate the compensation of all officers 'in proportion to duties,' Millard v. Kern County, 147 Cal. 684; whether subd. 20 of § 25 is con- stitutional or unconstitutional, the board has the right to appoint a healtli officer, who is to be deemed an employee and not a county officer (Valle v. Shaffer, 1 Cal. App. 183). See, also, McCabe v. JefPerds, 122 Cal. 302; McCauley v. Culbert, 144 Cal. 276; Tuttle v. Culbert, 144 Cal. xvii. § 25, subd. 25, repealed by implication by Political Code, § 3366, as amended in 1901 (Ex parte Pfirrmann, 134 Cal. 143). Subd. 13 of § 184, as amended 1901, p. 750, is not unconstitutionfU (Johnson v. Gunn, 148 Cal. 745; Court of Appeal decision contra, 84 Pac. 370). As to subdivision and section last referred to, see, also, CUinn v. Gunn, 148 Cal. 755; court of appeals decision, 84 Pac. 374." — Code Commissioners' Note. § 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 to office. § 55. County officers. I 55J. Livestock inspector. § 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 officers from state. § 65. What officers not to practice law. § 65. What offitars not to act as notaries. § 56. Bonds of officers. § 66a. Statistics. §§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. S§ 142-147. Coroners. 115 COUNTY GOVERNMENT. Act 837, §§1-6 § 148. Assessor. § 149. Ta.\-collector. § 150. School superintendent. §§151,152. PuMic administrator. § 152L Livestock inspectors, duties of. §§153,154. Constables. § 155. Justices of the peace. §§ 156, 220. Salaries. § 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 population. § 232. Repeal of inconsistent acts. § 233. , Salaries of incumbents. § 234. In effect, when. §1. The several counties of this state, as they now exist, and such other counties as may be hereafter organized, according to law, are bodies corporate and politic, and as such have the powers specified in this act, and such other powers as are necessarily implied. § 2. Their powers can only be exercised by the board of supervisors, or by agents and ofl&cers acting under their authority, or authority of law. § 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 proceedings touching its corporate rights, property, and duties. § 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 prop- erty as may be necessary to the exercise of its powers. 4. To manage and dispose of its property as the interests of its in- habitants may require. 5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law. §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. § 6. All contracts, authorizations, allowances, payments, and liabilities to pay, made or attempted to be made in violation of this act, shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury of such county. And all officers of said county, are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same. Act 837, §§ 7-10 GENERAL LAWS. H6 §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 provisions of this act, or of the constitution of this state, shall be liable in person, and upon his official bond, to the person or persons damaged by such illegal authoriza- tion, to the extent of his or their loss by reason of the nonpayment of his or their claims. § 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 warrant or warrants in liis 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 hereby 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 order 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 com- mence suit, in the name of the county, to restrain the payment of the same; and no order of the board of supervisors shall be necessary in order to maintain such suit. § 9. It shall be the duty of the judge of the superior court of each and every county, whenever a grand jury is impaneled, to call their at- tention to the provisions of the foregoing sections, and to instruct them to ascertain, by careful and diligent investigation, whether the provisions of said sections have been complied with, and to note the result of such investigation in their report. § 10. The population of the several counties of this state is hereby ascertained and determined to be and is as follows: County. Population. 1. San Francisco 342,782 2. Los Angeles 170,298 3. Alameda 130,197 4. Santa Clara 60,216 5. Sacramento 45,915 6. Sonoma 38,480 7. Fresno 37,862 8. San Joaquin 35,452 9. San Diego 35,090 10. San Bernardino 27,929 11. Humboldt 27,104 12. Solano 24,143 13. Santa Cruz 21,512 14. Mendocino 20,465 15. Orange 19.696 117 COUNTY GOVERNMENT. Act 837, § 11 County. Population. 16. MoBterey 19,380 17. Santa Barbara 18 934 18. Tulare .' .' 18,375 19. Contra Costa 18,046 20. Eiverside 17,897 21. Nevada 17 789 22. Shasta 17 318 23. Butte 17,117 24. Siskiyou 16,962 25. San Luis Obispo ". 16,637 26. Kern 16,480 27. Napa 16,451 28. Placer 15,786 29. Marin 15,702 30. Ventura 14,367 31. Yolo 13,618 32. San Mateo 12,094 33. Calaveras 11,200 34. Tuolumne 11,166 35. Amador 11,116 36. Tehama 10,996 37. Kings 9,871 38. Stanislaus 9,550 39. Merced 9,215 40. El Dorado 8.986 41. Yuba 8^620 42. Colusa 7,364 43. San Benito 6,633 44. Madera 6,364 45. Lake 6,007 46. Sutter 5.886 47. Glenn 5,150 48. Modoc 5,076 49. Mariposa 4,720 50. Plumas 4,657 51. Lassen 4,511 52. Trinity 4,383 53. Inyo 4,377 54. Sierra 4,017 55. Del Norte 2,408 56. Mono 2,167 57. Alpine 509 [Amendment approved March 23, 1901. Stats. 1901, p. 685. In effect 12 M. on the first Monday after the first day of January, 1903.] § 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 county seats of the respective counties. No county seat shall be removed unless Act 837, §§ 12-15 GENERAL LAWS. 118 two-thirds of the qualified electors of the county, voting on the proposi- tion at a general election, shall vote in favor of such removal. § 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 number equal to a majority of the votes cast at 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 super- visors, by due proclamation, to submit the question of such removal of the county seat at the next general election to the qualified electors of such county. The election shall be conducted and the returns canvassed in all respects as provided by law for the conduct of general elections and canvassing the returns thereof. § 13. "Whenever there shall be presented to the board of supervisors, a petition, or petitions, signed by legal voters of said county equal in num- ber to fifty per cent of the votes cast at the last preceding general elec- tion, asking that an ordinance, 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 supervisors, by proclamation, to submit such pro- posed 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 such petition be filed within six months prior to a general election, no special election need be held, but such ordinance shall be submitted at the next general election. The ballots used at such special or general election shall contain the words "For the ordinance" (stating the nature of the ordinance), and "Against the ordinance," stating the nature of the ordinance. The election shall be conducted and the returns canvassed in all respects as provided by law, for the conducting of general elections and the canvassing the returns thereof; provided, that when a special election is held under the provisions of this section, the board of super- visors, in their discretion, 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 upon such ordinance shall be in favor of the adoption thereof, the board of supervisors shall proclaim 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 supervisors. The board of supervisors may also, at any election, submit any question or proposition upon which they may desire the opinion of the voters of the county. BOAED OF SUPERVISOES. § 14. Each county must have a board of supervisors consisting of five members. § 15. Each member of the board of supervisors 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 119 COUNTY GOVERNMENT, Act 837, 8 § 16-20 large; provided, that in any county or city and county in which super- visoral districts have not been established by law or ordinance, and in which supervisors are now required to be elected at large, but from par- ticular wards, the members of the board of supervisors shall be elected at large and without regard to residence. § 16. The board of supervisors may, by a two-thirds vote of the mem- bers of said board, change the boundaries of any or all of the supervisor districts of a county. Said districts shall be as nearly equal in popula- tion 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 ex- pired. No change in the boundaries of any supervisor district shall be made within ninety days next preceding a general election. § 17. Whenever a vacancy occurs in the board of supervisors of a county, the governor shall fill the vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case the election of a supervisor 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. § 18. The supervisors shall elect a chairman, who shall preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order entered on their records, select one of their number to act as chairman temporarily. Any member of the board may administer oaths, when necessary in the performance of his official duties. A majority of the members 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. § 19. The county clerk is ex officio clerk of the board of supervisors. The records and minutes of the board must be signed by the chairman and the clerk. CLEEK OF BOARD. §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 ques- tions concerning the raising of money for and the allowance of accounts against the county. 3. Record the vote of each member on any question upon which there is a division, or at the request of any member present. 4. 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 demands, or orders, shall be countersigned by the chairman of the board, and thereafter said clerk shall deliver to and leave the same with the auditor. 5. File aud preserve the reports of the county treasurer of the receipts and disbursements of the county. Act 837, §§ 21-24 GENERAL LAWS, 120 6. Preserve and file a memorandum of all accounts acted upon by the board. 7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon. 8. Authenticate with his signature and seal of the board the proceed- ings of the board, whenever the same shall be ordered published. 9. Authenticate with his signature and the seal of the board, all or- dinances passed by the board, and to record the same at length in the "Ordinance Book." 10. Eeeord all orders levying taxes; and, 11. Perform all other duties required by law, or any rule or order of the board. §21. The board must cause to be kept: 1. A "Minute Book," in which shall be entered the daily proceedings had at all regular and special meetings, and all orders and decisions made by them, except such as are required to be recorded in the "Eoad," "Franchise," or "Ordinance" books. 2. An "Allowance Book," in which must be recorded 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 "Eoad Book," containing all proceedings and adjudications relat- ing to the establishment, maintenance, change, and discontinuance of roads and road districts. 4. A "Franchise Book," containing all franchises 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 book, with the date, amount, on what account, and name of payee. 6. An "Ordinance Book," in which must be entered all ordinances duly passed by the board. § 22. The boa,rd of supervisors must, by ordinance, provitle for the holding of regular meetings of the board at the county seat. § 23. A special meeting may be ordered by a majority of the board. The order must be signed by the members calling such meeting, and must be entered in the minutes. Five days* notice of such meeting must be given by the clerk, personally 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. §24. All meetings of the board must be public, and the books, records, and accounts of the board must be kept at the oflice of the clerk, open at all times for public inspection. 121 COUNTY GOVERNMENT. Act 837, S 25 GENERAL PERMANENT POWERS OF BOARDS. §25. The boards of supervisors, in their respective counties, shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law: 1. To supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county charged with the assessing, collecting, safekeeping, management, or disbursement of the public revenues; to see that they faithfully perform their duties, direct prosecutions for delinquencies., and, when necessary, require them to re- new their official bonds, make reports and present their books and ac- counts for inspection. 2. To divide the counties into townships, election, school, road, super- visor, sanitary, and other districts required by law, change the same, and create others, as convenience requires. 3. To establish, abolish, and change election precincts, and to appoint inspectors and judges of election, canvass all election returns, declare the result, and order the county clerk to issue certificates thereof; but no election precinct shall be established or abolished, or the boundaries of any precinct changed, within ninety daj's prior to any election. 4. To lay out, maintain, control, construct, repair, and manage public roads, turnpikes, ferries, wharves, chutes, and other shipping facilities and bridges within the county, unless otherwise provided by law, and to grant franchises and licenses to collect tolls thereon; provided, where the cost of the construction of any bridge, wharf, chute, or other shipping facilities that may be built under the provisions of this subdivision ex- ceeds the sum of five hundred dollars, they must cause to be prepared and must adopt plans and specifications, strain sheets, and working de- tails, and must advertise for bids for the construction of such bridge, wharves, chutes, or other shipping facilities, unless otherwise provided by law, in accordance with the plans and specifications so adopted. All bidders shall be afforded opportunity to examine such plans and specifica- tions, and said board shall award the contract to the lowest responsible 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 con- tract; provided, that after the submission of the bids as herein provided, the board of supervisors being advised 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 responsible, under his official 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; pro- vided, that the road commissioners or road overseers in their respective districts shall employ all labor required and direct the conduct of work of any kind upon any and all public roads; provided further, that in cases of great emergency, by the unanimous consent of the whole board, Act 837, § 25 GENERAL LAWS. 123 they may proceed at once to replace or repair any and all bridges and structures without notice. 5. To construct or lease, officer and maintain, hospitals and poorhouscs, or otherwise, in their discretion, provide for the care and maintenance of the indigent sick or dependent poor of the county; and for such purposes to levy the necessary property or poll taxes, or both. The board of supervisors shall appoint some suitable person to take care of and main- tain such hospitals and poorhouses, and shall also appoint some suitable graduate or graduates in medicine to attend to such indigent sick or dependent poor, and to the patients in such hospitals and poorhouses. The board shall not let the care, maintenance, or attendance of such indigent sick or dependent poor by contract to the lowest bidder. 6. To provide a farm in connection with the county hospital, or poor- house, and make regulations for working the same. 7. To purchase, receive by donation, or lease any real or personal prop- erty or water rights necessary for the use of the county, and to pur- chase or otherwise acquire necessary real estate upon which to sink wells to obtain water for sprinkling roads, and other county purposes, and to erect thereon tanks and reservoirs for the storage of water for such pur- poses, and to erect pumping apparatus for obtaining the same, to pre- serve, to take care of, and manage and control the same; but no pur- chase 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 when the board will meet to consummate such purchase, has been published for at least three weeks in some news- paper of general circulation, published in the county; or if none be pub- lished 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 public places in each supervisor district. 8. To cause to be erected or rebuilt, or furnished, a courthouse, jail, hospital, and such other public buildings as may be necessary, or to pro- vide suitable buildings for such purposes. None of the aforesaid build- ings shall be erected or constructed 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 publication in a newspaper of general circulation published in such county, for at least thirty days. In case there is no newspaper published in such county, then such notice shall be given by posting in three public places. 9. To sell at public auction, at courthouse door, or at such other place within the county, as the board may, by a four-fifths vote, order, after thirty days' notice, given either by publication in a newspaper published in the county, or by posting in five public places in the county, and con- vey to the highest bidder for cash, any property belonging to the county not required i'or public use, paying the proceeds into the county treasury, for the use of the county; provided, if in the unanimous judgment of the board the property does not exceed in value the sum of seventy-five dollars, or if it be the product of the county farm, the same may be sold 123 COUNTY GOVERNMENT, Act 837, § 25 at private sale without advertising by any member of the board em- powered 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, collection, or disbursement of moneys belonging to the county, or moneys received or disbursed by them under authority of law. 11. To examine, settle, and allow all accounts legally chargeable against the county, except salaries of officers, and such demands as are authorized 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 coun- ties for all county purposes, and also upon the taxable property of any district, for the construction and repair of roads and highways 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 qual- ified electors of such district, and received a majority of all the legal votes cast upon such proposition. 121^. Whenever there shall be presented to the board of supervisors of any county a petition signed by the qualified electors of any township or townships in number equal to a majority of the votes cast at the preceding general election, prajdug that said township or townships may be allowed to take the census of said township or townships for the pur- pose of ascertaining the population therein contained, the board of super- visors shall order such census to be taken by one or piore suitable persons appointed therefor by the board of supervisors, and such census shall be taken by such persons so appointed of all the inhabitants of such town- ship or townships; the full name of each person shall be plainly written, the names alphabetically arranged and regularly numbered in one com- plete series, and when completed shall be verified before any officer au- thorized to administer oaths, and be filed with the county clerk of the county wherein such census is. taken, and thereupon the same shall be known and shall be the official census of said township or townships. The expenses of taking such census shall be a county charge. 13. Any county having an outstanding indebtedness, 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 authorized to expend the funds of said county. Such indebtedness shall be refunded or incurred in the following manner, to wit: The board of supervisors 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 exceeding forty, the whole or any part of said bonds are to run, and shall furthei provide for submitting the question of the issue of said bonds to the qualified electors of the county at a special election 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 similar import. None but qualified voters of the county shall be permitted to vote thereat, and it shall be held as nearly as practicable in confonnity with the general Act 837, § 25 GENERAL LAWS. 124 election law of the state. Notice shall be given of snch election by pub- lication 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 con- duct 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 to run. If any election officers so named in such notice are not present at the opening of the polls, the electors present may appoint election officers to take the place of such election officers 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 proceed to issue the amount of bonds specified; provided, that the total amount of bonded indebtedness 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 limitation shall not apply to bonds which may be issued 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 when 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 thereof; and said board may also, at their option, by a provision in such bonds, make such prin- cipal payable on or before a specified date at the pleasure of the county. Said bonds may be issued in denominations not to exceed one thousand dollars and not less than one hundred dollars; principal and interest pay- able in gold coin of the United States, either 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. In- terest on said bonds shall not exceed six per cent per annum, payable annually or semi-annually, as said board may designate. Said bonds shall be signed by the chairman of the board of supervisors, and attested by the auditor of said county, and have the seal of the board of super- visors attached, and said coupons shall be signed by said auditor by orig- inal 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 under the provisions of this act, and annually thereafter until all of said bonds are paid and canceled, must levy a tax for that year upon the taxable property of said county for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest on said bonds for that year, and such portion of the principal, if any, as is to become due 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 sufficient to pay such as- nual interest, and to provide annually a proportion of the principal of 125 COUNTY GOVERNMENT. Act 837, § 25 said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run. And the board of supervisors, before or at the time of issuing said bonds by ordinance shall provide for the levy of an annual tax sufficient to effect the objects of this provision, and to pro- vide for the payment of the interest on said bonds as it becomes due, and also sufficient to constitvite 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 inter- est and principal of said bonds as they respectively become due. The revenue derived from the sale of said bonds shall be applied to the purpose specified in the order of the board, and no other. Should there be any surplus, it shall be applied toward the payment 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 supervisors elect to make the bond paj-able on a certain 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-annually (or annually) on the first day of and (or on the first day of , if interest payable annually) on presentation and surrender of the in- terest 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 , IS — , 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 purpose 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 taxable property thereof, as shown by the last equalized assessment of said county, and that provision has been made for the collection of an annual tax sufficient to pay the interest on this indebtedness as it falls due, and also sufficient to constitute a sinking fund for the payment of said indebtedness 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 Act 837, § 25 GENERAL LAW/S. 126 by the auditor thereof, and the seal of the board of supervisors hereto attached this day of , one thousand . Chairman board of supervisors. Attest: . County Auditor. And the interest coupon may be in the following form: "The county of , state of California, hereby 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 bo^ids under the provisions of this act shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer and the payment thereof refused, the owner may file the bond, together with all unpaid coupons with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office; and the state board of equalization shall, at 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 treasury and passed to the special credit of such county as bond tax, and shall be paid by warrants, as the pay- ments mature, to the holder of such registered obligations, as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged, any balance then remaining being passed to the general account and credit of said county. 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 collected 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 mem- bers, 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 127 COUNTY GOVERNMENT. Act 837, § 25 supervisor, the appointee to 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 orders and ordinances of the board of super- visors, pertaining to sanitary matters, and all orders, quarantine regula- tions, and rules prescribed by the state board of health, and all statutes relating to vital statistics. He shall give to the duties of his office such time and attention as may be necessary to secure general super- vision of all matters pertaining to the health and sanitary condition of the county. He shall be a graduate of a medical college of good stand- ing and repute, and shall hold office for a term of one year, and receive 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 necessity requires such ac- tion, the board of supervisors 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 terra of office and com- pensation shall be fixed by the board of supervisors, and he shall re- ceive 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 ad- vertise, 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 public places), for sealed bids for furnishing the county with stationery, clothing, bedding, groceries, provisions, drugs, medicines, and all other supplies. All bids shall be on a schedule, show- ing all articles needed in the several offices and departments prepared by the clerk of the board, shall state separately the price of each article to be furnished, and any person may bid upon any article separately. In considering such bids, the board may accept or reject all or any of them, or may accept or reject a part of any such bid, preference be- ing given, however, to the lowest responsible bidder. All supplies fur- nished the county, or any officer thereof, 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 printing, and advertising required for the proper discharge of his official duties, such printing and advertising to be done by such person or news- paper 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. Act 837, § 25 GENERAL LAWS. 128 A square of advertising shall be two hundred and thirty-four ems non- pareil. No supplies, printing, stationery, or books, shall be procured of any person or firm whose paper has not been published, or whose place of business has not been established 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 daj'S after each session of the board, a fair statement of all their proceedings. 23. To make and enforce such rules and regulations for the government of their body, the preservation of order, and the transaction of business, as may be necessary. 24. To adopt a seal for the board a description and impression of which must be filed in the office of the county clerk and of the secretary of state. 25. To license, for purposes of regulation of revenue, all and every kind of business not prohibited by law, and transacted and carried on in such county, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same, by suit or otherwise; provided, that every honorably discharged soldier, sailor, or marine of the United States, who is unable to obtain a livelihood by manual labor, shall have the right to hawk, peddle, and vend any goods, wares or merchandise except spirit- uous, malt, vinous, or other intoxicating liquor, without payment of any license, tax, or fee whatsoever, whether municipal, county, or state; and the board of supervisors shall issue to such soldier, sailor, or marine, without cost, a license therefor. The board may provide that any such license shall cease upon the nonpayment of such tax, and any person, firm, or corporation transacting or carrying on such business, without such license whenever prescribed is guilty of a misdemeanor. 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 application of the tax. 28. To provide, by ordinances not in conflict with the general laws of the state for the protection of fish and game, and may shorten the season for the taking or killing of fish and game, within the dates fixed by the general state laws, but shall not lengthen the same. ' 29. To provide for the working of prisoners confined in the county jail, under judgment of conviction of misdemeanor, under the direction of some responsible person, to be appointed by the sheriff, wliose com- pensation shall not exceed one hundred dollars per month, upon the public grounds, roads, streets, alleys, highways, or public 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 general laws. 129 COUNTY GOVERNMENT. Act 837, S 25 32. To adopt such rules and regulations within their respective coun- ties, with regard to keeping and storing of every description of gun- powder, Hercules powder, giant powder, or other explosive or combustible material, as the safety and protection of the lives and property of indi- viduals may require. 33. To appropriate from the general fund of the county, unless other- wise in this act provided, not to exceed, in counties of the first and second class, the sum of three thousand dollars, and in all other counties the sum of two thousand dollars in any one year, to aid' in or carry on the work of inducing immigration thereto, or for the purpose of exhibit- ing or advertising the agricultural, mineral, manufacturing, or other resources of the county. 34. 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 general laws. 35. To grant licenses and franchises for constructing, 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 purposes, upon such terms and conditions and restrictions as in their judgment may be necessary and proper, and in such manner as to prevent the least possible obstruction and inconvenience to the traveling public. 36. To grant on such terms, conditions, and restrictions as in their judgment may be necessary and proper, licenses and franchises for tak- ing tolls on public roads or highways, whenever in their judgment the expense necessary to operate or maintain such public roads or highways as free public highways is too great to justify the county in so operating or maintaining them. It shall always be a condition attached to the granting of such licenses and franchises, that such roads or highways shall be kept in reasonable repair by the person or persons to whom such licenses or franchises may be granted. 37. To enact ordinances, and regulations for the construction, altera- tion, repair, and control of all public roads and highways in the county, unless otherwise provided by law. 38. To levy a special road fund tax, not to exceed two (2) 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 plant- ing 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. Gen. Laws — 9 Act 837, §§ 25y2-28 GENERAL LAWS. 130 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 the county government. 41. To provide by ordinance for the organization 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 provide for the assessment, levy, and collections within such districts of a tax therefor. § 251/2- The board of supervisors shall adopt orders and enact ordi- nances necessary for the preservation of the health of domestic livestock, which orders and ordinances shall not be in conflict with state or federal laws, and the said board of supervisors shall provide for the payment of all expenses incurred in enforcing the same, which expenses shall be a county charge and payable in the same manner and out of the same funds as other county charges are paid. [New section approved March 21, 1905. Stats. 1905, p. 722. In effect in sixty days.] §26. 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 ordinance passed by the board shall take effect within less than fif- teen days after its passage, and before 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 least one week, in some newspaper pub- lished in the county, if there be one, and if there be none published in the county, then such ordinance shall be posted at the courthouse 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 publication or posting. § 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. §28. Whenever the board of supervisors of any county shall deem it necessary or important to examine any person as a witness upon any subject 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, relating to the affairs or interests of such county, the chairman of such board shall issue a subpoena, in proper form, commanding such 131 COUNTY GOVERNMENT. Act 837, §§ 29-33 VS 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. §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. § 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 possess all the powers and be liable to all the duties herein given to and imposed upon the chairman of the board of supervisors. § 31. Whenever any person duly subpoenaed to appear and give evi- dence, or to produce any books and papers, as herein provided, shall neglect 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 committee, 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 v,-hich 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 before the judge by whose order such attach- ment was issued. § 32. On 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 proceedings 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 give evidence on the trial of a civil cause before a superior court. § 33. The witnesses summoned to testify on behalf of the county in matters of public concern before the board of supervisors are not en- titled to have their fees prepaid; but the board must allow them the reasonable expenses of their attendance. § 33V2' To appropriate from the general fund of the county, unless otherwise provided, not exceeding in counties of the first and second class the sum of twenty thousand dollars, and in all other counties not exceeding the sum of ten thousand dollars in any one year, to aid in and Act 837, §§ 34-36 GENERAL LAWS, 132 carry on the work of the preservation of forests upon public lands, the reforestration of forests upon public lauds, and the protection of forests upon public lands from fire. [Amendment, approved March 20, 1905. Stats. 1905, p. 394. In effect in sixty days.] §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 appliances for holding all elections in the county, and allow reasonable charges therefor, and for the transmission and return of the same to the proper officers. § 35. Whenever, as canvassers, the board of supervisors have declared the result of an election held in the county, certificates must be, by the county clerk, issued to all persons elected to a county, township, or dis- trict office therein, and such other certificates must be made out and transmitted as required by law. § 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, except 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 payable therefrom since the beginning of the fiscal year, together with a statement of receipts of each fund for that portion of the year already elapsed, and an exact estimate of the revenue for the remainder of the year apportioned to the different funds, based upon the receipts for the corresponding 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 anticipated delinquencies. Up to and including the first day of January in each fiscal year the board shall have no power for any purpose to contract debts or liabilities in any manner or for any purpose nor to make any allowances against any funds, which with all the debts and liabilities previously incurred and with all allowances previously made, and salaries and liabilities fixed by law payable therefrom, shall exceed seventy per cent of the auditor's estimate of revenue for the year, except to build or repair roads and bridges which have been destroyed or made im- passable by flood or fire. Any debts or liabilities contracted in any manner or for any purpose and any allowances made contrary to the provisions of this section shall be null and void and the auditor 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 in the order in which they are entered in the "Allowance Book," and 133 COUNTY GOVERNMENT. Act 837, §§ 37-41 shall be certified in that order by the auditor. [Amendment approved March 24, 1903. Stats. 1903, p. 402. In effect immediately.] § 37. "Whenever the board of supervisors shall adopt plans and specifi- cations for the erection, alteration, construction, or repair of any public building, bridge, or other public structure, such plans and specifications shall not be altered or changed in nny manner whereby the cost of such building, bridge, or structure shall be increased, except by a vote of two-thirds of their number. §38. Whenever the board of supervisors shall enter into a contract for the erection, construction, alteration, or repair of any public build- ing, bridge, or other structure, such contract shall not be altered or changed in any manner, unless 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 partic- ular 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. § 39. No county officer shall, except for his own service, present any claim, account, or demand for allowance against the county, or in any way except in the discharge of his oflicial duty advocate the relief asked 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. § 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 credit or allow any claim or bill against the county or district fund, unless the same be itemized, giving 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 after the last item of the ac- count or claim accrued. If, in case of any claim which requires itemizing, the board do not hear or consider the same because it is not itemized, they shall cause notice to be given to the claimant or his attorney of that fact, and give time to have the claim itemized and reverified. § 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 clerk three days prior to the time of the meeting of the board at which it is atiked to be allowed. Act 837, §41 GF.NEllAIj LAWg. 134 Such demand shnll be iradc out in form substantially as folloTvs: Clerk's memoranda, No. . Fund. Demand of , dated , in sum of $ , for — — . Allowed by the board of supervisors , 18 — , in the sum of $ , Attest: , Clerk of Board. Demand of No. . Fund . Demand on the treasury of the county of , state of California, for the sum of dollars, being for . Date. Items. Dollars. [ Cents. $ 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. Subscribed and sworn to before me this day of . , County Clerk. Allowed by Board of Supervisors, , 18 — , in sum of $ , payable out of • Fund. Attest: ■, Clerk of Board of Supervisors. Countersigned: , Chairman Board of Supervisors, Warrant No. . Allowed , IS — , for the sum of $ , payable out of Fund. ■ , County Auditor. No. . Eegistered , 189—. , County Treasurer. Said demand shall be approved before filing by the officer who di- rected such expenditure. If said demand be allowed by the board, the clerk of the board shall detach and file the memorandum, and shall in- dorse on such demand "Allowed by the board of supervisors," together with the date of such allowance, the amount of such allowance and from what fund; shall attest the same with his signature, and, when counter- signed 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 amovmt for which it is allowed, from what fund, date and num- ber of the warrant, and shall, in attestation thereof, affix liis signature thereto and deliver the same to the claimant; and said demand, when so 135 COUNTY GOVERNMENT. Act 837, §§ 42-40 allowed and signed by the auditor, sliall constitute the warrant on the treasury, within the meaning of this act. § 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 claimant 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. §43. If the board refuse, or neglect to allow or reject a claim or demand for ninety days, after the same has been filed with the clerk, such refusal or neglect may, at the option of the claimant, be deemed equivalent to final action and rejection on the ninetieth day, and a claim- ant dissatisfied with the rejection of his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within six months after the final action of the board, but not after- ward, and if, in such action, judgment is recovered for more than the board allowed, on presentation of a certified copy of the judgment, the board must allow and pay the same, together with the costs adjudged; but if no more is recovered than the board allowed, the board must pay the claimant no more than was originally allowed. § 44. "Warrants drawn by order of the supervisors on the county treas- ury for the current expenses during each year, must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of the presentation to the treasurer. If the fund is insuffi- cient to pay any warrant, it must be registered, and thereafter paid in order of registration. § 45. No member of the board must be interested, directly or in- directly, 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 improvement of roads, or the building of bridges, or for any purpose, or act as a member of a committee or board of reviewers. § 46. Whenever an application is made to the board for an order, franchise or license relating to any toll road, bridge, ferry, wharf, chute, pier or other subject over which the board has jurisdiction, in which a majority of the board are interested, the application, by order of the board, must be transferred to the suj. prior court of the county. The clerk of the board must thereupon 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 application. Act 837, §§ 47-53 GENERAL LAWS, 136 §47. All public notices of proceedings of or to be had before the board, not otherwise specially provided for, mnst be posted at the court- house door, and two other public places in the county, § 48, The board must require the assessor to report to the state board of equalization, annually, a true statement of the agricultural and in- dustrial pursuits and products of the county, with such other statistical information as they may direct. § 49, All claims against the county, presented by members of the board of supervisors for per diem and mileage, or other service rendered by them, must be 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 attorney, who must indorse thereon, in writing, his opinion as to the legality thereof. If the dis- trict attorney declare the claim, or any part thereof, illegal, he must state specifically wherein it is illegal, and the claim, or such part, must then be rejected by said board. § 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 statement showing: 1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebted- ness, 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. §51. The board must receive from the United States, or other sources, lands and other property granted or donated to the county for the pur- pose of aiding in the erection of county buildings, roads, bridges or other specific purposes, and may use the same therefor, and may provide for the sale of the same, and the application of the proceeds thereof. §52. The board may provide for widening, deepening, straightening, removing obstructions from and otherwise improving all streams and washes within the county and also protecting the banks and adjacent lands from overflow of such streams or washes, when the same are not declared by law to be, and in fact are not, navigable for commercial purposes, the overflow of which interferes with highways; and provide regulations for the use, repair, and control thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with the private rights or privileges of riparian owners, miners or others. Whenever, in the opinion of the board of supervisors, the gen- eral fund is insufficient to defray the cost of the improvements provided for under this section, they may levy a tax or contract a bonded in- debtedness therefor in the manner provided by this act. § 53. Any supervisor who refuses or neglects to perform any duty imposed on him, without just cause therefor, or who willfully violates 137 COUNTY GOVERNMENT. Act 837, §§ 54-55 V4 any law provided for his government as such officer, or fraiidulontly or corruptly performs any duty imposed on him, or willfully, fraudulently or corruptly attempts to perform an act as supervisor, unauthorized by law, in addition to the penalty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond, to any person injured thereby, for all damages sustained. § 54. No person is eligible to a county, district, or township office, who, at the time of his election, is not of the age of twenty-one years, a citizen of the state, and an elector of the county, district, or township in which the duties of the office are to be exercised; provided, that any woman who is of the age of twenty-one years, a citizen of the state, and a resident of the county or district, shall be eligible to the office of superintendent of public schools, school trustee, or member of the county board of education; and provided further, 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; and provided further, that the county livestock inspector shall, at the time of his appointment, be a duly qualified veterinary surgeon having on file in the office of the county clerk a certificate issued to him by the state veteri- nary medical board. [Amendment approved March 21, 1905. Stats. 1905, p. 721. In effect in sixty days.] § 55. The officers of a county are a sheriff, a county clerk, an auditor, a recorder, a license collector, a tax-collector, who shall be ex officio li- cense collector, a district attorney, an assessor, a treasurer, a superin- tendent of schools, a public administrator, a coroner, a surveyor, the members of the board of supervisors, a livestock inspector, and such other officers as may be provided by law. In counties where the board of supervisors by proper ordinance so elect, except as otherwise provided in this act, the duties of certain of the above-mentioned officers are hereby consolidated, as follows: Sheriff and tax-collector; auditor and recorder; county clerk, auditor and recorder; county clerk and recorder; county clerk and auditor; treasurer and tax-collector; assessor and tax- collector; public administrator and coroner. In counties where the du- ties of said officers have been, or may hereafter be, consolidated in either manner above designated, the board of supervisors thereof, by proper ordinance, may elect to separate the duties so consolidated, and recon- solidate them in any other manner above provided, or may separate said duties without teconsolidation, and provide that the duties of each office shall be performed by a separate person, whenever, in their discretion, the public interest will be best subserved thereby. When offices are united and consolidated, 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 com- pensation of the offices consolidated. [Amendment approved March 21, 1905. Stats. 1905, p. 722. In effect in sixty days.] §551/2. The livestock inspector shall be appointed by the board of supervisors whenever in the discretion of the board of supervisors the Act 837, §§ 56-59 GENERAL LAWS. 138 interest of the public welfare demand the services of such an officer, and such officer shall hold his office at the pleasure of the appointing power. He shall receive a salary in the sum of one hundred and twenty- five dollars per month, which salary shall be paid at the same time and in the same manner, and out of the same funds that other county officers are paid. [New section approved March 21, 1905. Stats. 1905, p. 722. In effect in sixty days.] §56. The officers of a township are, two justices of the peace, two constables, and sucli subordinate officers as are provided by law. In townships containing cities in which city justices and recorders are elected, and in townships having a population of less than five thousand, there shall be but one justice of the peace; and provided, that in town- ships containing a population of more than one hundred thousand and less than three hundred thousand there shall be four justices of the peace. The board of supervisors of each county, as public convenience may require, shall divide their respective counties into townships for the purpose of electing justices of the peace and constables; provided, however, that in the establishment of townships, no incorporated city shall be divided so as to lie partly within one township and partly within another. Upon the approval of this act the board of supervisors must appoint competent persons to fill the additional offices of justices of the peace by this act created. [Amendment approved Feb. 19, 1907. Stats. 1907, p. 9. In efPect immediately.] § 57. Whenever notice is required by law to be published in a news- paper by any county or 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. § 58. All elective county and township officers, and city justices of the peace, except otherwise provided for in this act, shall be elected at the general election at which the governor is elected, and shall take of- fice at twelve o'clock meridian on the first Monday after the first day of January next succeeding their election. All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and qualified. Supervisors shall be elected at the general election prior to expiration of the term of the incumbent. The supervisors of any county created after the first day of January, eigh- teen hundred and ninety-three, shall, within six months after the first general election succeeding the creation of such county, classify them- selves 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. §59. Every county, township, or district officer, except a supervisor or judicial officer, may appoint as many deputies as may be necessary 139 COUNTY GOVERNMENT. Act 837, §§ 60-66 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 clerk; and until such appointment is so made and filed, and un- til such deputy shall have taken the oath of office, no one shall be or act as such deputy. §60. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes deputies. § 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 of business from nine o'clock A. M. until five o'clock P. M., nonjudicial days excepted. § 62. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for nonperformance or malperformance of official duties, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon. § 63. Every officer mentioned in section fifty -five, and his deputies, and every justice of the peace, may administer and certify oaths. § 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 business for the state; provided, that in case of illness or urgent necessity, the board of supervisors may, on a proper showing of such illness or urgent necessity, extend the time herein lim- ited, for the absence of any such officer, not to exceed six months. § 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 anyone 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. §66. The board of supervisors of each county shall, on or before the first Monday in September, preceding the election of the following of- ficers, prescribe the amount in which said officers must execute official bonds: Treasurer, county clerk, auditor, sheriff, tax-collector, district at- torney, 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 Monda}' of September, prescribe the amount in which each member of the 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 by the judge, or judges, if there be more than one, of the superior court, Act 837, §1 66a, 67 GENERAL LAWS. 1« All persons offered as sureties on official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the state, and is worth in real or personal 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 county recorder, and then filed and kept in the office of the county clerk. The official bond of the county 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 approved as herein provided. § 66a. It shall be the duty of the board of supervisors of each county, on or before the first day of November of each 3'ear, to supply the sec- retary of the State Agricultural Society upon blanks to be furnished by him for that purpose, statistics showing the products grown, produced or manufactured in said county, for the year preceding, and the expense thereof shall be a county charge, to be paid as other county charges against the county. [New section approved March 20, 1905. Stats. 1905, p. 476. In effect immediately.] COUNTY TEEASURER. §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 required by law. 2. File and keep the certificates of the auditor delivered to him -^nen moneys are paid into the treasury. 3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were re- ceived 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 ac- count of separate funds or specific appropriations are exhibited in sepa- rate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the county auditor. 6. Disburse the 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 superior court, or as otherwise provided by law. 141 COUNTY GOVERNMENT. Act 837, §§ 68-75 § 68. He must receive no money into tbe treasury unless accompanied by the certificate of the auditor, provided for in section one hundred and eleven. §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 person paying the same a receipt. §70. When a warrant is presented for payment, 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. §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. § 72. When there are sufficient moneys in the treasury to pay the warrants drawing interest, the treasurer must give notice in some news- paper published in the county, or if none is published therein, then by written notice posted upon the courthouse door, stating therein that he ia ready to pay such warrants. From the first publication or posting of such notice, such warrants cease to draw interest. §73. In advertising warrants under the provisions 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 pay- ment prior to such a date, stated in the notice, are payable. When a part only of the warrants presented for payment on the same day are payable, the treasurer must designate such payable warrants in the ad- vertisement. §74. Warrants drawn on the treasury, and properly attested, are en- titled to preference as to payment out of moneys in the treasury properly applicable to such warrants, according to the order in which they were presented. The time of presenting such warrants 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. §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 treas- urer applied to- the payment of unpaid warrants next in order of regis- try. The board of supervisors may, on application and presentation of warrants properly indorsed, which have been advertised, pass an order directing the treasurer to pay them out of any money ia tbe treasury not otherwise appropriated. Act 837, §§ 76-82 GENERAL LAWS. 142 § 76. 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 interest distinct from the principal. § 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 settlement, 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 paj^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, aniuially on the first Monday of January, in the presence of the supervisors. §78. Each county treasurer must make a detailed report, at every regular meeting of the board of supervisors of his county, of all moneys received by him, and the disbursement thereof, and of all debts to and from the county, and of all other proceedings in his office, so that the receipts into the treasury and the amounts of disbursements, together with the debts due to and from the county, may distinctly appear. §79. If any county treasurer neglect or refuse 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. §80. If the district attorney refuse or neglect to 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 re- fusal or neglect upon his official bond, and the county treasurer must bring an action against him for the recovery thereof, in the name of the county, and may recover in such action, in addition to the amount so received, fifty per cent thereon by way of damages. And no order of the board of supervisors shall be necessary to bring such action. His reasonable expenses, including attorney's fees, shall be a county charge. § 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 like manner, place the proceeds to the credit of the county. All said moneys must be kept in a separate fund. §82. If the money in the treasury is demanded within six years, by the legal representatives of the decedent, the treasurer must pay it to 143 COUNTY GOVERNMENT. Act 837, §§ 83-89 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 supervisors. § 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- 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 deposits for the safekeeping of the public moneys; but he shall be liable therefor on his official bond. § 84. Whenever an action, based upon official misconduct, is com- menced against any county treasurer, the supervisors may, in their dis- cretion, 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 supervisors. § 85. In case of the death of any county treasurer, his legal repre- sentatives must deliver up to the person appointed to fill the vacancy occasioned by such death, all official moneys, books, accounts, papers and documents which are or may come into their possession. §86. The books, accounts and vouchers of tlie tre.nsurer are at all times subject to the inspection and examination of the board of super- visors and grand jury. § 87. The treasurer must permit the chairman of the board of super- visors, district attorney and auditor to examine his books and count the money in the treasury, whenever they may wish to make an exam- ination or counting. SHERIFF. §88. "Process," as used in this act, includes all writs, warrants, sum- mons and orders of courts of justice, or judicial officers. "Notice" in- cludes 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. §89. The sheriff must: 1. Preserve the peace. 2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit, or who have committed,- a public offense. 3. Prevent and suppress any affrays, breaches of the peace, riots and insurrections which may come to his knowledge. 4. Attend all superior courts held within his county, and obey all law- ful orders and directions of all courts held within his county. Act 837, §§ 90-95 GENERAL LAWS. 144 5. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties. 6. Take charge of and keep the county jail, and the prisoners therein. 7. Eelease 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, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time when received. 9. Serve all process and notices in the manner prescribed by law. 10. Certify, under his hand, upon process or notices, the manner and time of service, or if he fails to make service, the reason of his failure, and return the same without delay. §90. "When process or notices are returnable to another county, he may inclose such process or notice in an envelope, addressed to the offi- cer from whom the same emanated, and deposit it in the postoffice, pre- paying postage. §91. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated. § 92. If a sheriff does not return a process of notice in his possession, with the necessary indorsement thereon, without delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sustained by him, §93. If the sheriff to whom a writ of execution 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 property. § 94. If he neglects or Tefuses to pay over, on demand, to the per- son entitled thereto, any money which may come into his hands by vir- tue of his office (after deducting all legal fees), the amount thereof, with twenty-five per cent damages, and interest at the rate of ten per cent per month, from the time of demand, may be recovered by such person. §95. A sheriff who suffers the escape of a person arrested in a civil action, without the consent 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 surren- der in exoneration of bail before judgment, he is liable to the plaintiff aa bail. 2. When the arrest is on an execution or commitment to enforce the payment of money, he is liable for the amount expressed in the execu- tion or commitment. 145 COUNTY GOVERNMENT. Act 837, §§ 96-103 3. When the arrest is on an execution or commitment other than to enforce the payment of money, he is liable for the actual damages sus- tained, 4. Upon being sued for damages for an escape or rescue, he may in- troduce evidence in mitigation and exculpation. § 96. He is liable for the rescue of a person arrested in a civil action, equally as for an escape, §97. An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested upon an execution or commitment, it, hfter his rescue or escape, and before the commencement of the ac- tion, the prisoner returns to the jail, or is retaken by the sheriff, § 98, No direction or authority by a party or hig attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sh'enff from a liability for neglect or misconduct, unless it is con- tained m a writing, signed by the attorney of the party, or by the party, if he has no attorney. § 99. When the sheriff is committed, under an execution or commit- ment, for not paying over money received by him by virtue of his office, and remains committed for sixty days, his office is vacant. § 100. A sheriff or other ministerial officer is justified in the execu- tion 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. §101, The officer executing process must then, and at all times sub- seqaent, so long as he retains it, upon request, show the same, with all papere attached, to any person interested therein, 15 102. The sheriff in attendance upon court must act as the crier thereof, cail the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the opening and adjourn- Kient i,f. 'the court, and of any other matter under its direction. § 103. Service of a paper, other than process, upon the sheriff may 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 conspicuous place in the office. When any process remains 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 order of court, he or his successors in office shall execute and deliver to the purchaser or purchasers all such deeds and convey- ances as are required by law and necessary for the purpose, and such Geh. Laws — 10 Act 837, §§ 10-1-107 GENERAL, LAW8. 146 deeds and conveyances shall be as valid in law as if tliey had been exe- cuted by the sheriff who made the sale. § 104. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coi-oner of the county; pro- vided, when any action is begun against the sheriff, all process and or- ders may be served by any person, a citizen of the United States over the age of eighteen years, in the manner provided in the Code of Civil Procedure. § 105. Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or the judge thereof, and denominated an elisor, in the following cases: 1. When the sheriff and coroner are both parties; 2. When either of these officers is a party, and the process is against the other; and 3. When either of these officers is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfac- tion of the court, in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause, would not act promptly or impartially. 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 performed by a coroner or elisor, in the cases provided by law in that behalf, such coroner or elisor shall be entitled to receive a reasonable compensation, to be fixed 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. § 106. The sheriff must perform such other duties as are required by law. COUNTY CLERK. § 107. The county clerk must: 1. Take 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 synop- sis 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 entered the title of each cause, with the date of its commencement; a memorandum of every subsequent pro- ceeding 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- COUNTY GOVERNMENT. Act 837, §§ 108-114 unins, under their respective heads, alphabetically arranged, as "Number of Suit," "Plaintiffs," "Defendants," "Date of Juc I follows: Judgment," 'Number of Judgment," "Page of Entry of Judgment in 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: "Num- ber of Suit," "Defendants," "Plaintiffs," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page in Order Book"; keep an index of the names of persons naturalized. § 108. He must keep such other records and perform such other duties as are prescribed by law. COUNTY AUDITOE. '' §109. The auditor must issue warrants as provided in section 41, on the county treasurer, in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county, which have been legally examined, allowed and ordered paid by the board of super- visors. The auditor must also issue warrants on the county treasurer for all debts and demands against the county, when the amounts are fixed by law, or authorized by law to be allowed by some person or tri- bunal other than the board of supervisors. § 110. All warrants must distinctly specify the liability for which they are drawn, and when it accrued. §111. The auditor must examine and settle the accounts of all per- sons or officers indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer's receipt therefor, give to such persons a discharge, and charge the treasurer with the amount received by him. § 112. The auditor must keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt, and charge the treasurer with the amount thereof. §113. All warrants issued by the auditor during each year, com- mencing with the first Monday after the first day of January, must be numbered consecutively, and the number, date and amount of each, and the name of the person to whom payable, and the purpose for which drawn, must be stated thereon; and they must, at the time they are issued, be registered by him, and after such warrants have remained uncalled for for two years they shall be canceled. § 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. Act 837, §§ 115-120 GENERAL LAWS. 148 §115. The cliairman of the board of supervisors, district attorney and auditor, must, at least once in each month, count the money in the county treasury, and make and verify in duplicate, statements showing: 1. The amount of money that ought to be in the treasury. 2. Tiie amount and kind of money actually therein. §116. They must file one of the statements in the office of the county clerk, and the auditor must post and maintain the other in his office for at least one month thereafter. § 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 supervisors, 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 are distributed, and the amount to each; the total amount of war- rants drawn and paid, and on what fund; the total amount of warrants drawn and unpaid, and accounts or claims audited or allowed and un- paid, and the fund out of which they are to be paid, and generally make a full and specific showing of the financial condition of the county. The board of supervisors shall cause to be prepared, and shall publish each year a statistical report showing in compendious form all the finan- cial transactions of the countj'' for the last fiscal year, exhibiting sepa- rately the receipts and expenditures by or on account of each office, board, commission, institution, court, and road district and school dis- trict, and classifying the principal items of income and expenditure, so as to show the financial transactions and the financial condition of the count.y. [Amendment approved March 23, 1901. Stats. 1901, p. 686. In effect immediately.] § 118. The auditor must discharge such other duties as are required by law. COUNTY RECORDER. §119. The recorder must procure such books for records as the busi- ness of his office requires, but orders for the same must first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages or other instruments of general use. He has the custody of, and must keep, all books, records, maps and papers de- posited in his office. §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 attorney to convey real estate, and leases which have been acknowledged and approved. 2. Mortgages of personal property. 3. Certificates of marriage and marriage contracts. 149 COUNTY QOVEUNAIENT. Act 837, § \21 4. Wills admitted to probate. 5. Official bonds. 6. Notice of mechanics' liens. 7. Transcripts of judgments, which by law are made lions upon reai estate. 8. Notices of attachments upon real estate. 9. Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof. 10. Instruments describing or relating to the separate property of mar ried women. 11. Births and deaths; and, 12. Such other writings as are required or permitted by law to bo recorded. §121. Every recorder must keep: 1. An index of deeds, grants and transfers, labeled "Grantors," each page divided into four columns, headed, respectively: "Names of Grant- ors," "Names of Grantees," "Date of Deeds, Grants or Transfers," and "Where Recorded." 2. An index of deeds, labeled "Grantees," each page divided into four columns, headed, respectively: "Names of Grantees," "Names of Grant- ors," "Date of Deeds, Grants or Transfers," and "Where Recorded." 3. Two indices of mortgages, labeled, respectively: "Mortgagors of Real Property," "Mortgagors of Personal Property," with the pages thereof divided into five columns, headed, respectively: "Names of Mort- gagors," "Names of Mortgagees," "Date of Mortgages," "Where Re- corded," "When Discharged." 4. Two indices of mortgages, labeled, respectively: "Mortgagees of Real Property," "Mortgagees of Personal Property," with the pages tiiereof divided into five columns, headed, respectively: "Names of Mort- gagees," "Names of Mortgagors," "Date of Mortgages," "Where Re- corded," "When Discharged." 5. Two indices of releases of mortgages, labeled, respectively: "Re- l-eases of Mortgages of Real Property — Mortgagors," "Releases of Mort- gages of Personal Property — Mortgagors," with pages thereof divided into six columns, headed, respectively: "Parties Releasing," "To Whom Releases are Given," "Date of Releases," "Where Releases are Recorded," "Date of Mortgages Released," "Where Mortgages Released are Re- corded." 6. Two indices of releases of mortgages, labeled, respectively: "Re- leases of Morlgagcs of Real Property — Mortgagees," "Releases of Mort- gages of Personal Property — Mortgagees," with pages thereof divided into four columns, headed, respectively: "Parties Whose Mortgages are Released," "Parties Releasing," "Date of Releases," "Where Recorded." 7. An index of powers of attorney, labeled: "Powers of Attorney," each page divided into five columns, headed, respectively: "Names of Parties Executing the Powers," "To Whom Powers are Executed," "Date of Powers," "Date of Recording," "Where Powers are Recorded." Act 837, § 121 GENERAL LAWS. 150 8. An index of leases, labeled: "Leases — Lessors," eacli page divided into four columns, headed, respectively: "Names of Lessors," "Names of Lessees," "Date of Leases," "When and "Where Eecorded." 9. An index of leases, labeled: "Leases — Lessees," each page divided into four columns, headed, respectively: "Names of Lessees," "Names of Lessors," "Date of Leases," "When and Where Eecorded." 10. An index of marriage certificates, labeled: "Marriage Certificates — Men," each page divided into six columns, headed, respectively: "Men Married," "To Whom Married," "When Married," "By Whom Married," "Where Married," "Where Certificates are Eecorded." 11. An index of marriage certificates, labeled: "Marriage Certificates — Women," each page divided into six columns, headed, respectively: "W^omen Married" (and under this head placing the family names of the women), "To Whom Married," "When Married," "By Whom Mar- ried," "Where Married," "Where Certificates are Eecorded." 12. An index of assignments of mortgages and leases, labeled: "As- signments of Mortgages and Leases — Assignors," each page divided into five columns, headed, respectively: "Assignors," "Assignees," "Instru- ments Assigned," "Date of Assignment," "When and Where Eecorded." 13. An index of assignments of mortgages and leases, labeled: "As- signments of Mortgages and Leases — Assignees," each page divided into five columns, headed, respectively: "Assignees," Assignors," "Instru- ments Assigned," "Date of Assignment," "When and Avhere Eecorded." 14. An index of vfills, labeled: "Wills," each page divided into four columns, headed, respectively: "Names of Testators," "Date of Wills," "Date of Probate," "When and Where Eecorded." 15. An index of official bonds, labeled: "Official Bonds," each page divided into five columns, headed, respectively: "Names of Officers," "Names of Offices," " Date of Bonds," "Amount of Bonds," "When and Where Eecorded." 16. An index of notices of mechanics' liens, labeled: "Mechanics' Liens," each page divided into three columns, headed, respectively: "Parties Against Whom Claimed," "Parties Claiming Liens," "Notices-^ When and Where Eecorded." 17. An index to transcripts of judgments, labeled: "Transcripts of Judgments," each page divided into seven columns, headed, respectively: "Judgment Debtors," "Judgment Creditors," "Amount of Judgments," "Where Eecovered," "When Eecovered," "When Transcript Filed," "When Judgment Satisfied." 18. An index of attachments, labeled: "Attachments," each page divided into six columns, headed, respectively: "Parties Against Whom Attachments are Issued," "Parties Issuing Attachments," "Notices of Attachments," "When Eecorded," "Where Eecorded," "When Attach- ments Discharged." 19. An index of notices of the pendency of actions, labeled. "Notices of Actions," each page divided into three columns, headed, respectively, "Parties to the Action," "No'tices — When Eecorded," "Where Eecorded." 20. An index of the separate property of married women, labeled: "Separate Property," each page divided into five columns, headed, re- 151 COUNTY GOVERNMENT. Act 837, §§ 122-126 spectively: "Names of Married Women," "Names of Their Husbands," "Nature of Instruments Eeeorded," "When Eecorded," "Where Eecorded." 21. An index to the register of births and deaths. 22. Such other books of record and indices as are or may be required by law. 23. An index of decrees of distribution in probate, labeled: "Decrees of Distribution," divided into six columns, headed, resi)ective]y: "Whose Estate," "Name of Administrator," "Names of Distributees" "Date of Decree," "In What Court," "Where Eecorded." § 122. The recorder must keep in his office a book, to be called "Cer- tificates of Sales," and record therein all certificates of sales of real estate sold under execution, or under order made in any judicial proceed- ing. He must also prepare an index thereto, in which, in separate columns, he must enter the names of the plaintiff in the execution, the defendant in the execution, the purchaser at the sale, and the date of the sale. § 123. The recorder must file and record with the record of deeds, grants, and transfers, certified copies of final judgments or decrees par- titioning or affecting the title or possession of real property, any part of which is situate in the county of which he is recorder. § 124. Every such certified copy of partition, from the time of filing the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees, and lien- holders purchase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant or transfer. § 125. The recorder may keep in the same volume any two or more of the indices mentioned in section one hundred and twenty-one; but the several indices must be kept distinct from each other, and the vol- ume distinctly marked on the outside in such a way as to show all the indices kept therein. The names of the parties in the first column in the several indices must be arranged in alphabetical order, and when a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the index; and when an instrument is recorded to which an executor, adminis- trator, or trustee is a party, the name of such executor, administrator, or trustee, together with the name of the testator, or intestate, or party for whom the trust is held, must be inserted in the index. § 126. When any instrument, paper, or notice, authorized by law to be recorded, is deposited in the recorder's office for record, the recorder must indorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, the amount of fees for recording, and must record the same without delay, together with the acknowledgments, proofs, and certificates, written upon or annexed to the same, with the plats, surveys, scliedule, and other papers thereto annexed, in the order in which the same were received for record, Act 837, §§ 127-132 GENERAL LAWS. 152 and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded. § 127. He must also indorse upon each instrument, paper, or notice the time when, the book and pages in which it is recorded, and must thereafter deliver it to the party leaving the same for record, or upon his order. § 128. It shall be the duty of the recorder, upon the payment or tender of the fees therefor, to take and certify the acknowledgment of Svll instruments authorized by law to be acknowledged. § 129. If any recorder to whom an instrument, proved or acknowl- edged according to law, or any paper or notice which may by law be recorded, is delivered for record: 1. Neglects or refuses to record such instrument, paper, or notice within a reasonable time after receiving the same; or, 2. Records any instrument, paper, or notice, willfully or negligently, untruly, or in any other manner than is hereinbefore directed; or, 3. Neglects or refuses to keep in his office such indices as are required by this article, or to make the proper entries therein; or, 4. Alters, changes, or obliterates any records deposited in his office, or inserts, any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby. § 130. He shall not record any instrument, or file any paper or notice, or furnish any copy, or render any service connected with his office, until his fees for the same, as prescribed by law, are, if demanded, paid or tendered. § 131. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours, be open for in- spection by any person, without charge; and the recorder must arrange the books of record and indices in his office in such suitable places as to facilitate their inspection. DISTRICT ATTORNEY. §132. The district attorney is the public prosecutor, and must: 1. Attend the courts, and conduct, on behalf of the people, all prose- cutions for public offenses. 2. Institute proceedings before the magistrates for the arrest of per- sons charged with or reasonably suspected of public offenses, when he has information that any such offenses have been committed; and for that purpose, when not engaged in criminal proceedings in the superior court, or in civil cases on behalf of the people, must attend upon the magistrates in cases of arrest, when required by them, and attend be- fore, and give advice to the grand jury, whenever cases are pre- sented to them for their consideration. 153 COUNTY GOVERNMENT. Act 837, §§ 133-137 3. Draw all indictments and informations, defend all suits brought in his county, against the state or his county wherever brought, prosecute all recognizances forfeited in the courts of record, and all actions for the recovery of debts, fines, penalties and forfeitures accruing to the state or bis county. 4. Deliver receipts for money or property received in his official ca- pacity, and file duplicates thereof with the county treasurer. 5. On the first Monday of each month file with the auditor an ac- count, verified by his oath, of all moneys received by him in his official capacity during the preceding month, and at the same time pay them over to the county treasurer. 6. Give, when required, and without fee, his opinion in writing, to county, district, and township officers, on matters relating to the duties of their respective offices. § 133. The district attorney is the legal adviser of the board of super- visors. He must attend their meetings, when required, and must attend and oppose all claims and accounts against the county, when he deems them unjust and illegal. § 134. The district attorney, except for his own services, must not present any claim, account or demand for allowance against the county, nor in any way advocate the relief asked on any claim or demand made by another. COUNTY SURVEYOR. § 135. The county surveyor must be a licensed land surveyor of the state, and must make any survey that may be required by order of court or of the board of supervisors, or upon application of any person; keep a correct and fair record of all surveys made by him, number them in the order made, and preserve a copy of the field-notes and calculations of each survey, and indorse thereon its proper number; a copy of the same, and a fair and accurate plat, together with a certificate of sur- vey, must, upon application, be furnished by him to any person, upon payment of the fees allowed by law. § 136. Any person owning or claiming lands which are divided by county lines, and wishing to have the same surveyed, may apply to the surveyor of any county in which any part of such land is situated, and on such application being made, the surveyor must make the survey, which is as valid as though the lands were situated entirely within the county. § 137. When land, the title to which is in dispute before any court, is divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situated. In all surveys the courses must be expressed ac- cording to the true meridian, and the variation of the magnetic merid- ian from the true meridian must be expressed on the plat, with the date of the survey. Act 837, §n 38-142 GENERAIj LAWS. 154 §138. Each county surveyor must, when required, aid and assist the surveyoi general in making surveys within the county. When the county surveyor is interested in any land, the title to which is in dispute, and a survey thereof is necessary, the court must direct the survey to be made by some disinterested person, and the person so appointed is for that purpose authorized to administer and certify oaths. He must re- turn such survey, verified by his affidavit annexed thereto, and receive for his services the same fees as the county surveyor would be entitled to for similar service. § 139. The county surveyor shall copy, plat, or trace all maps filed for record in the office of the county recorder of the county for which he shall be elected, and shall be ex ofiicio deputy county recorder for said county for such purposes, at the cost of the party filing the same for record; provided, however, that all maps and plats filed by a licensed land surveyor, and such other maps and plats as are filed and are thereby made a record, are exempt from the provisions of this act. The county surveyor shall plat, trace, blue-print, or otherwise make all county, township, road, district, and all other maps, and all assessor's block books, for the county of which he is surveyor. All such maps which are platted, traced, blue-printed, or otherwise made as aforesaid, shall be filed in the county surveyor's office, together with all data obtained by the county surveyor from other sources, and the same thereafter shall become the property of the county. §140. The county surveyor shall make such surveys of county roads, and perform such other engineering work as the board of supervisors may direct. All such maps and field-notes of surveys shall be filed in the office of the county surveyor, and the same shall thereafter be and remain the property of the county. It shall be the duty of the county surveyor to advise the board of supervisors regarding all engineering work, and to perform such engineering work for the county as may be required by the board of supervisors. §141. The board of supervisors of each county shall provide, for the use of the county surveyor, a suitable office, office furniture, heat, light, and care for the same, office and record books, and other necessary ma- terial, also all necessary expenses and transportation on work performed in the field. In lieu of fees, as now provided by law, the county sur- veyor shall receive such compensation as the board of supervisors niny allow, not to exceed ten dollars per day for all work performed for the county, and in addition thereto, all necessary expenses and transporta- tion on work performed in the field. COUNTY COKONEE. § 142. The coroner must hold inquests as prescribed by chapter IT, Title XTI, Part II, of the Penal Code. The coroner, or other officer holding the inquest upon the body of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or of the 155 COUNTY GOVERN'MKNT. Act 837, §§ 143-148 tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem examination of the deceased, and give a professional opinion as to the cause of death, and shall cause the testimony given by the witness to be reduced to writing, under his direction, and may, upon the written order of the district attorney, employ a clerk or stenog- rapher for such purpose, at the same compensation allowed to stenog- raphers in the superior court of the county; and when such testimony is taken down by a stenographer, his transcription thereof, duly certified to, shall constitute the deposition of such witness. § 143. When an inquest is held by the coroner, and no other person takes charge of the body of deceased, he must cause it to be decently interred; and if there is not sufiicient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county. § 144. It shall be the duty of the coroner of each county to keep an oflieial register, to be labeled "Coroner's Register," in wliieh he shall enter the date of holding all inquests, the name of the deceased, when known, and when not, such description of the deceased as may be suffi- cient for identification; property found on the person of deceased, if any; what disposition was made of the same by the coroner; the cause of death, when known, and such other information as may pertain to the identity of the deceased. § 145. The coroner must, within thirty days after an inquest upon a dead body, deliver to the county treasurer, or the legal representatives of the deceased, any money or other property found upon the body, and at the same time file an affidavit with the treasurer, showing: 1. The amount of money or other property belonging to the estate of the deceased person which has come into his possession since his last statement. 2. The disposition made of such property. 3. If the coroner, or any justice of the peace acting as coroner, fail to deliver to the treasurer, within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the mean time by the public administrator, or other legal representa- tive of the decedent, as required by this section, the district attorney must proceed against the coroner or justice of the peace acting as cor- oner, to recover the same, by civil action, in the name of the county. § 146. If the office of coroner is vacant, or he is absent, or unable to attend, the duties of his office may be discharged by any justice of the peace of the county, with the like authority, and subject to the same obligations and penalties as the coroner. § 147. In the cases specified in section one hundred and four, the cor- oner must discharge the duties of sheriff. § 148. The assessor must perform such duties as are prescribed in Title IX, Part III, of the Political Code, and such other duties as are Act 837, §§ 149-152 1^ GENERAL LAWS. 156 required by law; provided, that where any salary is allowed to the assessor, by law, then where such officer is charged, or to be charged, with the making of maps or block books, he shall be allowed the actual cost of making the same, and must file with the county auditor a sworn statement, monthly, showing in detail the names of persons, and amounts paid to each for such expense, and the assessor must thereupon pay over and account to the county, or city and county, for the di£ference between any amount allowed for such purpose, and the amount actually expended by him therefor. § 149. The tax collector must perform such duties as are prescribed in Title IX, Part III, of the Political Code, and as license collector shall collect all county licenses, and shall perform such other duties as are required by law. He shall, at least once a month and oftener, in his discretion, pay the public money in his hands into the county treasury, taking the receipt of the treasurer therefor. § 150. The school Superintendent must perform such duties as are prescribed in Title III, Part III, of the Political Code, and shall perform such other duties as are required by law. § 151. The public administrator must perform such duties as are prescribed in chapter XIII, Title XI, Part III, of the Code of Civil Procedure, and shall perform such other duties as are required by law. § 152. It shall be the duty of the public administrator to keep a book, to be labeled "Eegister of Public Administrator," in which he shall enter the name of every deceased person on whose estate he shall ad- minister, the date of granting letters, money received, the property appraised and its value, proceeds of all sales of property, the amount of his fees, the expenses of administration, the amount of estate after all charges and expenses have been paid, the disposition of property on distribution, the date of discharge of administrator, and such other matters as may be necessary to give a full and complete history of each estate administered by him. The publication of the semi-annual report required to be made by the public administrator shall be a county charge. § 152^4. It shall be the duty of the livestock inspector, acting under the supervision of the state veterinarian, to enforce all laws of the state of California, and all orders and ordinances of the board of super- visors of his county pertaining to the health and sanitary surroundings of all livestock in his county, and for that purpose he is hereby author- ized and empowered, by and with the approval of the board of super- visors, to establish, maintain, and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general protection and advancement of all matters per- taining to the health and sanitary condition of the domestic livestock 157 COUNTY GOVERNMENT. Act 837, §§ 153-157 of his county. [New section added March 21, 1905. Stats. 1905, p. 723. In effect in sixty days.] § 153. Constables must attend the court of justices of the peace within their townships whenever so required, and within their counties execute, serve and return all writs, processes and notices directed or delivered to them by justices of the peace of such county, or by any competent authority; provided, however, that no constable shall have jurisdiction or authority to serve any writ, notice, or other process issued by any justice or justice's court of any township other than the justice or justice's court of the township in and for which he may be constable without the boundaries of the township in and for which he is constable, and any service by a constable of any writ, notice, or other process issued by any justice or justice's court of any township other than the township in and for which he is duly elected and qualified constable, outside of the boundaries of the township in and for which he is such constable, shall be void. Constables shall charge and collect for their services such fees as are now or may hereafter be allowed. [Amend- ment approved March 20, 1905. Stats. 1905, p. 393.] §154. All provisions of sections eighty-eight, eighty-nine, ninety, ninety-one, ninety-two, ninety-three, ninety-four, ninety-five, ninety-six, ninety-seven, ninety-eight, ninety-nine, one hundred, one hundred and one, one hundred and two, and one hundred and three, except the fourth and sixth subdivisions of sections eighty-nine, apply to constables, and govern their powers, duties, and liabilities. § 155. Justices of the peace must perform such duties as are pre- scribed in Title XI, Part II, of the Code of Civil Procedure, and such other duties as are prescribed by law. § 156. The salaries of officers must be paid monthly from the county ss^lary fund of the treasury, on the warrant of the auditor. §157. For the purpose of regulating the compensation of all officers herein provided for, the several counties of this state are hereby classi- fied, according to their population (as ascertained and determined in swtion 10), as follows, to wit: All counties containing a population of three hundred thousand and over shall belong to and be known as counties of the first class. Counties containing a population of one hundred and fifty thousand and under three hundred thousand shall belong to and be known as counties of the second class. Counties containing a population of one hundred thousand and under one hundred and fifty thousand shall belong to and be known as coun- ties of the third class. Counties containing a population of fifty thousand and under one hundied tvousand shall belong to and be known as counties of the fourth class. Act 837, § 137 GENERAL LAWS. 158 Counties containing a population of forty thousand and under fifty thousand shall belong to and be known as counties of the fifth class. Counties containing a population of thirty-eight thousand and under forty thousand shall belong to and be known as counties of the sixth class. Counties having a population of thirty-six thousand and under thirty- eight thousand shall belong to and be known as counties of the seventh class. Counties having a population of thirty-five thousand four hundred and under thirty-six thousand shall belong to and be known as counties of the eighth class. Counties having a population of thirty-five thousand and under thirty- five thousand four hundred shall belong to and be known as counties of the niEth class. Counties having a population of twenty-seven thousand four hundred and under thirty-five thousand shall belong to and be known as counties of the tenth class. Counties having a population of twenty-seven thousand and under twenty-seven thousand four hundred shall belong to and be known as counties of the eleventh class. Counties having a population of twenty-four thousand and under twenty-seven thousand shall belong to and be known as counties of the twelfth class. Counties having a population of twenty-one thousand and under twenty- four thousand shall belong to and be known as counties of the thirteenth class. Counties having a population of twenty thousand and under twenty- one thousand shall belong to and be known as counties of the fourteenth class. Counties having a population of nineteen thousand five hundred and under twenty thousand shall belong to and be known as counties of the fifteenth class. Counties having a population of nineteen thousand and under nine- teen thousand five hundred shall belong to and be known as counties of the sixteenth class. Counties having a population of eighteen thousand five hundred and under nineteen thousand shall belong to and be known as counties of the seventeenth class. Counties having a population of eighteen thousand two hundred and under eighteen thousand five hundred shall belong to and be known as counties of the eighteenth class. Counties having a population of eighteen thousand and under eighteen thousand two hundred shall belong to and be known as counties of the nineteenth class. Counties having a population of seventeen thousand eight hundred and under eighteen thousand shall belong to and be known as counties of the twentieth class. 159 COUNTY GOVERNMENT. Act 837, § 157 Counties having a population of seventeen thousand five hundred and under seventeen thousand eight hundred shall belong to and be known as counties of the twenty-first class. Counties having a population of seventeen thousand three hundred and under seventeen thousand five hundred and fifty shall belong to and be known as counties of the twenty-second class. Counties having a population of seventeen thousand and under seven- teen thousand three hundred shall belong to and be known as counties of the twenty-third class. Counties having a population of sixteen thousand seven hundred and fifty and under seventeen thousand shall belong to and be known as counties of the twenty-fourth class. Counties having a population of sixteen thousand five hundred and under sixteen thousand seven hundred and fifty shall belong to and be known as counties of the twenty-fifth class. Counties having a population of sixteen thousand four hundred and seventy-five and under sixteen thousand five hundred shall belong to and be known as counties of the twenty-sixth class. Counties having a population of sixteen thousand and under sixteen thousand four hundred and seventy-five shall belong to and be known as counties of the tvventj'-seventh class. Counties having a population of fifteen thousand seven hundred and fifty and under sixteen thousand shall belong to and be known as coun- ties of the twenty-eighth class. Counties having a population of fifteen thousand and under fifteen thousand seven hundred and fifty shall belong to and be known as coun- ties of the twenty-ninth class. Counties having a population of fourteen thousand and under fifteen thousand shall belong to and be known as counties of the thirtieth class. Counties having a population of thirteen thousand and under four- teen thousand shall belong to and be known as counties of the thirty-first class. Counties having a population of twelve thousand and under thirteen thousand shall belong to and be known as counties of the thirty-second class. Counties having a population of eleven thousand one hundred and seventy-five and under twelve thousand one hundred shall belong to and be known as counties of the thirty-third class. Counties having a population of eleven thousand one hundred and fift_y and under eleven thousand one hundred and seventy-five shall be- long to and be known as counties of the thirty-fourth class. Counties having a population of eleven thousand and under eleven thousand one hundred and fifty shall belong to and be known as coun- ties of tAie thirty-fifth class. Counties having a population of ton thousand and under eleven thou- sand shall belong to and be known as counties of the thirty sixth class. Counties having a population of nine thousand seven hundred and fifty and under ten thousand shall belong to and be known as counties of the thirty-seventh class. Act 837, § 157 GENERAL LAWS. \60 Counties having a population of nine thousand five hundred and un- der nine thousand seven hundred and fifty shall belong to and be knt,.wn as counties of the thirty-eighth class. Counties having a population of nine thousand and under nine thou- sand five hundred shall belong to and be known as counties of the thirty- ninth class. Counties having a population of eight thousand seven hundred and fifty and under nine thousand shall belong to and be known as counties of the fortieth class. Counties having a population of eight thousand and under eight thou- sand seven hundred and fifty shall belong to and be known as countiaa of the fortj'-first class. Counties having a population of seven thousand and under eight thoi> sand shall belong to and be known as counties of the forty-second class. Counties having a population of six thousand five hundred ard under seven thousand shall belong to and be known as counties of the forty- third class. Counties having a population of six thousand two hundred and fifty and under six thousand five hundred shall belong to and be known as counties of the forty-fourth class. Counties having a population of six thousand and under six thousand two hundred and fifty shall belong to and be known as counties of the forty-fifth class. Counties having a population of five thousand five hundred and under six thousand shall belong to and be known as counties of the forty-sixth classi Counties having a population of five thousand one hundred and under five thousand five hundred shall belong to and be known as countie'J of the forty-seventh class. Counties having a population of five thousand and under five thousand one hundred shall belong to and be known as counties of the forty-eightn class. Counties having a population of four thousand seven hundred and un- der five thousand shall belong to and be known as counties of the forty- ninth class. Counties having a population of four thousand six hundred and under four thousand seven hundred shall belong to and be known as counties of the fiftieth class. Counties having a population of four thousand five hundred and under four thousand six hundred shall belong to and be known as counties of the fifty-first class. Counties having a population of four thousand three hundred and eighty and under four thousand five hundred shall belong to and be known as counties of the fifty-second class. Counties having a population of four thousand two hundred and under four thousand three hundred and eighty shall belong to and be known as counties of the fifty-third class. 161 COUNTY GOVERNMENT. Act 837, §§ 158, 159 Counties having a population of four thousand and under four thousand two hundred shall belong to and be known as counties of the fifty-fourth class. Counties having a population of two thousand two hundred and under four thousand shall belong to and be known as counties of the fifty-fifth class. Counties having a population of two thousand and under two thousand two hundred shall belong to and be known as counties of the fifty-sixth clas3. Counties having a population of under two thousand shall belong to and be known as counties of the fifty-seventh class. [Amendment ap- proved March 23, 1901. Stats. 1901, 687. In effect 12 M. on first Mon- day after January 1, 1903.] § 158. In counties of the first class the officers shall receive, as com- pensation for the services required of them by law, or bj' virtue of their office, the salaries and fees fixed by law as compensation; provided, that this shall not be construed as adding any additional compensation to any officer; provided, however, that the sheriff shall also be allowed mile- age for the service of any paper required by law to be served, at the rate of fifteen cents per mile for one way only, to be paid by the person requiring such service. § 159. In counties of the second class the county and township officers shall receive, as compensation for the services required of them by law, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and' there hereby is allowed to the county clerk the following clerks and deputies, who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and fifty dollars per month; one deputy who shall be registry clerk at a salary of one hundred and thirty-five dollars per month; one deputy who shall be an assistant reg- istry clerk at a salary of one hundred dollars per month; one deputy who ihail be clerk of the board of supervisors, at a salary of one hundred and twenty-five dollars per month; nine deputies who shall be courtroom clerks, at a salary of one hundred and fifteen dollars each per month; one deputy who shall be judgment clerk, at a salary of one hundred and twenty-five dollars per month; one deputy who shall be an assistant judgment clerk, at a salary of one hundred dollars per month; one deputy who shall be a file clerk, at a salary of one hundred dollars per month; one deputy w^ho shall be an index clerk, at a salary of one hundred dol- lars per month; one deputy who shall be in charge of the criminal records, at a salary of one hundred dollars per month; two deputies at a salary of one hundred dollars each per month; one deputy who shall be assistant clerk of the board of supervisors, at a salary of one hundred dollars per month; one deputy who shall be a stenographer, at a salary of one hundred dollars per month; one deputy who shall be a stenog- Gen. Laws — 11 Act 837, §150 GENERAL LAWa, 1G2 rapher for the board of supervisors, at a salary of one hnndrcd dollars per month; one deputy who shall be miscellaneous department clerk, at a salary of one hundred and fifteen dollars per month; one deputy at a salary of one hundred and fifteen dollars per month; six deputies, at a salary of seventy-five dollars each per month, for not exceeding one month for any one year. The salaries of the deputies and clerks herein provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff an under-sheriff and the following deputies and stenographers, who shall be appointed by the sheriff of said county, and shall be paid salaries as follows, to wit: One under-sheriff, at a salary of one hundred and fifty dollars per month; one deputy who shall be a bookkeeper, at a salary of one hundred and twenty-five dollars per month; one deputy, who shall be an assistant bookkeeper, at a salary of one hundred and ten dollars per month; one deputy at a salary of one hundred and twenty- five dollars per month; ten deputies at a salary of one hundred dollars each per month; nine deputies, who shall be court bailiffs, at a salary of ninety dollars each, per month; five deputies who shall be turnkeys at the county jail, at a salary of ninety dollars each per month; one jail matron, at a salary of fifty dollars per month; one stenographer, at a salary of seventy-five dollars per month. The salaries of the under sheriff, the matron and all deputies and stenographers herein provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the saine fund that the salary of the sheriff is paid. The sheriff shall also receive the amount of money necessarily expended by him in serving all processes and notices, and the same shall be charged against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. In case of sale of property on foreclosure of mortgage or on execution, the sheriff shall be entitled to receive all necessary expenses of keeping the prop- erty and of advertising the sale. 3. The recorder, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there hereby is allowed the recorder the following deputies and copyists, who shall be appointed by the recorder of said county and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; two deputies at a salary of one hundred and twenty-five dol- lars each per month; four deputies, at a salary of one hundred dollars each per month; ten deputies, at a salary of ninety dollars each per month; and as many copyists as may be required, who shall receive as compensation for their services the sum of seven cents per folio for recording any instrument and notice, except maps or plats; for copies of any record or paper, seven cents per folio. The salaries and compen- sation of all deputies and copyists herein provided for shall be paid by the county in monthly installments, at the same time, in the same man- ner and out of the same fund as the salary of the county recorder is paid. 163 COUNTY GOVERNMENT. Act 837, § 159 4. The auditor, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the auditor the following deputies, clerks and assistants, who shall be appointed by the auditor, and who shall bo paid salaries as follows: One chief deputy at a salary of one hundred and fifty dollars per month; one deputy at a salary of one hundred and twouty-five dollars per month; two deputies, at a salary of one hundred and ten dollars each per mouth; four deputies, at a salary of one hundred dollars each per month; and forty clerks at a salary of ninety dollars each per mouth, for not to exceed one month each in any one year; and such additional assistants as the auditor may require, and whose compensation in the aggregate shall not exceed the sum of one thousand two hundred and fifty dollars in any one year. The salaries of the deputies, clerks, and assistants herein provided for shall be paid by the county in monthly installments, at the same time, in the same manner an.d out of the same fund as the salary of the auditor is paid. 5. The treasurer, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and thereby is al- lowed to the treasurer the following deputies, who shall be appointed by the treasurer, and who shall be paid salaries as follows: One chief dep- uty, at a salarj- of one hundred and fifty dollars per month; one deputy at a salary of one hundred and fifteen dollars per mouth; and one deputy at a salary of one hundred dollars per month. The salaries of the deputies herein provided for shall be paid by said county in monthly in- stallments, at the same time, in the same manner and out of the same fund as the salary of the treasurer. 6. The tax collector, three thousand six hundred dollars per annum, which shall be in full compensation for all services rendered by him; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector the following deputies, stenographers and clerks, who shall be appointed by the tax collector, and who shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; one deputy who shall be chief report clerk, at a salary of one hundred and fifteen dollars per mouth; one deputy who shall be report clerk, at a salary of one hundred and ten dollars per month; one deputy who shall be cashier, at a salary of one hundred and fifteen dollars per month; one deputy who shall be the general clerk, at a salary of one hundred and fifteen dollars per month; one deputy who shall be the correspondence clerk, at a salarj'- of one hundred and ten dollars per month; one deputy who shall be a license clerk, at a salary of one hundred dollars per mouth; and two deputies who shall be license inspectors, at a salary of ninety dollars each per month: five clerks at a salary of ninety dollars each per month; one deputy who shall be bookkeeper, at a salary of one hundred and ten dollars per month; one deputy who shall be sale and redemption clerk, at a sn.l- ary of one hundred dollars per month; one stenographer, at a salary of seventy-five dollars per month; four clerks for a period not to exceed six months in any one year, at a salary of ninety dollars each per month; forty-five clerks for a period not to exceed four months in any Act 837, § 159 GENERAL LAWS. ' 164 ona year, at a salary of ninety dollars each per month. There is also allowed not to exceed four hundred dollars for traveling expenses of said license tax collector each year. The salaries of the deputies, clerks and stenographers herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the tax collector. 7. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney the following deputies and employees, who shall be appointed by the district attorney of said county, and who shall be paid salaries as follows: One assistant district attorney, at a salary of two hundred dollars per month; one chief deputy, at a salary of one hundred and seventy-five dollars per month; six deputies, at a salary of one hundred and fifty dollars eaeh per month; two stenographers, at a salary of one hundred dollars each per month; one detective, at a salary of one hundred dollars per month, who shall assist the district attorney in the detection of crime and the prosecution of criminal cases; pro vided further, that nothing herein contained shall be construed to pre vent the board of supervisors of said counties of this class from em ploying special counsel when, in the judgment of said board, the inter ests of said counties require it. The salaries of the assistants, deputies stenographers, special counsel and detective herein provided for shal be paid by the county in monthly installments, at the same time, in the same manner and out of the same fund as the salary of the district attorney. 8. The assessor, three thousand six hundred dollars per annum, which shall be in full compensation for all services rendered by him; provided, that in counties of this class there shall be and hereby is allowed to the assessor the following deputies, clerks, stenographers and copyists, who shall be appointed by the assessor, aud who shall be paid salaries as follows: One chief deputy, at a salary of one hundred aud fifty dollars per month; two deputies, at a salary of one hundred and fifteen dollars each per month; seven deputies, at a salary of ninety dollars each per month; thirty field deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; thirty field deputies for not exceeding two mouths in any one year, at a salary of one hun- dred dollars each per month; eight field deputies for not exceeding four months in any one year, at a salary of one hundred dollars each per month; ten field deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; nine deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; five copyists for not exceeding four months in any one year, at a salary of seventy-five dollars each per month; twenty-five copyists for not exceeding three months in any one year, at a salary of seventy-five dollars each per month; eight copyists for not exceeding seven months in any one year, at a salary of seventy-five dollars each per month; six deputies, who shall be comparers, for not to exceed two moaths in any one year, at a salary of ninety dollars each per month; 165 COUNTY GOVERNMENT. Act 837, 5 159 tv\-o deputies who shall be photographers for not to exceed eight months in any one year, at a salary of one hundred dollars each per month; one stenographer, at a salary of seventy-five dollars per month; there is also allowed not to exceed five hundred dollars for traveling expenses of the said assessor or his deputies each year. The salaries of the deputies, stenographers, clerks and copyists herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner and out of the same fund as the salary of the county assessor is paid. It is further provided, that in counties of this class, the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty, as provided by section nineteen hundred and one of the Political Code; provided, however, that fifteen per cent of all moneys collected by him for poll taxes and road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such coun- ties. 3. The coroner, three thousand dollars per year, and his actual neces- sary expenses in traveling outside of the county seat. He must hold inquests as prescribed by Chapter II, Title XII, Part II, of the Penal Code, except that he may, in his discretion, dispense with a jury. The coroner or other officer holding an inquest upon the body of a deceased person may subpoena a physician or surgeon to inspect the body, or chemist to make an analysis of the contents of the stomach or tissues of the body, or hold a post-mortem examination of the deceased, and give his professional opinion as to the cause of death. The coroner, in counties of this class, shall be and is hereby allowed the following as- sistants: One stenographer, at a salary of two hundred dollars per month, who shall, when directed by the coroner, take down in short- hand the testimony of witnesses at inquests, and under the direction of the coroner transcribe the same into longhand, and file a certified copy thereof with the county clerk, and the coroner may also appoint such stenographer as his deputy; one clerk, at a salary of one hundred dollars per month, who shall also act as messenger, and perform such other duties as the coroner may direct. The salaries of the stenographer and clerk herein provided shall be paid by the county in the same man- ner, at the same time and out of the same fund as the salary of the coro- ner. 10. The public administrator, three thousand dollars per annum; pro- vided, that in counties of this class there shall be and there is hereby allowed to the public administrator one clerk, at a salary of one hundred dollars per month, and the salary of said clerk shall be paid by the county in the same manner, at the same time and out of the same fund as the salary of the public administrator. 11. The superintendent of schools, three thousand dollars per annum, which shall be in full for all services, including attendance upon the Act 837, § 159 GENERAL LAWS, 166 board of education, and actual necessary traveling expenses, not to exceed five dollars for every school district in the county; provided, that in counties of this class, there shall be and there hereby is allowed to the. superintendent of schools the following assistants and deputies, who shall be appointed by the superintendent of seliools of said county, and who shaJl be paid salaries as follows: One assistant who shall be chief deputy, at a salary of one hundred and fifty dollars per month; one deputy, at a salary of one hundred and fifteen dollars per month; one deputy, at a salary of one hundred dollars per month; and one dep- uty, at a salary of ninety dollars per month. The salaries of the as- sistants and deputies herein provided for shall be paid by the county at the same time, in the same manner and out of the same fund as the salary of the superintendent of schools. 12. The health officer, one thousand two hundred dollars per annum, and special health officers, when appointed as in tliis act provided, ten dollars each per day; provided, that not more than five hundred dollars per annum shall be paid or expended in any one year in payment of special health oflfieers. The salary of the health" officer and special health officers shall be paid by the county in the same manner and at the same time as the salaries of the other county officers are paid. 12^2- Each member of the county board of education, except the sec- retary thereof, five dollars for each session of the board attended, not exceeding a total of four hundred dollars to any one member in one year. In addition, each member shall be entitled to mileage at the rate of ten cents per mile, for one way only, while attending the regular sessions. Said compensation of the members of the board of education shall be payable monthly and out of the same funds, and in the same manner as the salary of the county superintendent of schools is paid. Said com- pensation shall be in full payment for all services rendered. 13. The surveyor, three thousand six hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed in the field; provided, that in counties of this class there shall be and there hereby is allowed to the surveyor one chief deinity, and ten deputies, who shall be draughtsmen, and who shall be appointed by the surveyor of said county and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and seventy-five dollars per month; five draughtsmen, at a salary of one hundred and twenty-five dollars each per month; four draughtsmen, at a salary of one hundred dollars each per month; one draughtsman, at a salary of eighty dollars per month. The salaries of said surveyor and said deputies and draughts- men herein provided for shall be paid by said county in monthly install- ments at the same time and in the same manner as the deputies of other county officers are paid. 14. Supervisors, one thousand eight hundred dollars per annum, to- gether with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties, either as road commissioners or supervisors, not exceeding in the aggregate seven hundred and fifty dgllars each per annum. They shall also receive their 167 COUNTY GOVERNMENT. Act 837, § 159 necessary expcuses when attending meetings of tlie state board of equali- zation; and provided further, that there shall be and hereby is allowed to the board of supervisors the following clerks: One clerk, at a salary of ninety dollars per month; one clerk, at a salary of one hundred and ten dollars per mouth; one clerk, at a salary of one hundred dollars per month; one clerk, who shall be superintendent of charities, at a salary of one hundred dollars per month.; two clerks, who shall be assistants to the superintendent of charities, at a salary of seventy-live dollars each per month; fourteen clerks for not exceeding thirty days in any one year, at a salary of four dollars each per day, to assist said board while sitting as board of equalization; and in addition to the clerks here- inbefore provided for, in years when the general election is held within the state, there shall be and" hereby is allowed to said board of supervisors fifteen clerks for not to exceed fifteen days in such years, at a compensa- tion of four dollars each per day. Such clerks shall be appointed by the board of supervisors and shall be paid by said county in the same manner, at the same time and out of the same fund as other clerks of the county oflicers are paid; and still further provided, that from and after the first Monday after the first day of January, in the year one thousand nine hundred and nine, supervisors in counties now of this class shall receive as compensation for the services required of them by law, a sal- ary of two thousand four hundred dollars each per annum, together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties, either as road commissioners or supervisors, not exceeding in the aggregate seven hundred and fifty dollars each per annum, and they shall also receive their necessary ex- penses when attending meetings of the state board of equalization. 15. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that no justice of the peace shall receive more than one thousand five hundred dollars per annum, which may be paid in monthly installments of not exceeding one hundred and twenty- five dollars per month, for all services rendered by him in criminal cases, or in actions or proceedings to which the people of the state of Califor- nia are or may be parties; and no claim of any such justice of the peace in excess of said sum of one thousand five hundred dollars per an- num, or the installments thereof as aforesaid, shall be allowed or paid; but all fines and fees collected by every such justice on the account aforesaid shall belong to and be the propertj^ of the county in which such jus- tice exercises his jurisdiction. And each of such justices shall report, under oath, on the first Monday of each mouth, to the board of super- visors of such county, the amount of all fines and fees collected by him, on the account aforesaid, during the preceding month, and shall, on said date, deposit with the county treasurer, to the credit of the county, all such fines and fees as may be shown by said report to have been collected by him. He shall also transmit the treasurer's receipt for said payment to said board, with the said report; provided further, that the boards of supervisors of such counties may, in townships hav- ing a population of more than thirty-five thousand, provide such justices, Act 837, § 160 GENERAL LAWS. 168 or any of tliem, with an officer and the necessary furniture and supplies for the justice's court; and provided further, that the boards of super- visors in said counties and in townships having more than thirty-five thousand inhabitants, shall, upon the recommendation of the township justice or justices, appoint a clerk for each of the justice's court, which clerks shall each hold office for the term of two years from and after appointment, and shall receive a salary of one hundred dollars per month each, payable in like manner, at like times and out of the same fund as county officers are paid by the county; said clerks shall each take and file an oath of office in like manner as county officers, and after being appointed and qualifying as hereinbefore prescribed, shall have power to administer and certify oaths to affidavits, and all papers, documents, or instruments used in or in connection with the actions and proceed- ings of such justice's court. Such clerks shall perform such other clerical service as may be required of them by the justice or justices. 16. Constables, such fees as are now or may hereafter be allowed by law; provided, that no constable shall receive more than one thousand two hundred dollars per annum, which may be paid in monthly install- ments of not exceeding one hundred dollars per month, for all services rendered by him in all criminal cases or in actions or proceedings to which the people of the state of California are, or may be, made parties; and all fees collected by such constable on account of services rendered in criminal cases or proceedings, to which the people of the state of California are parties, shall belong to and be the property of the county in which said constable has been elected or appointed; provided further, that the constable shall be allowed the actual fare and expenses in- curred in transporting prisoners to the county jail; and provided further, that in counties of this class and in townships having more than thirty- five thousand inhabitants, there shall be, and there is hereby allowed to such constable, one deputy, who shall be appointed by the constable, and shall receive a salary of seventy-five dollars per month, payable in like manner and at like times, and out of the same fund as the county officers are paid by the county; said deputj'' shall take and file an oath of office in like manner as county officers. Each constable shall report under oath on the first Monday of each month to the board of supervisors of such county, the amount of all fees collected by him for all services rendered in all criminal cases, or in actions or proceedings to which the people of the state of California are, or may be, made par- ties, during the preceding month, and shall, on said date, deposit with the county treasurer to the credit of the county all such iecs ;is may be shown by said report to have been collected by him on account of the aforesaid. He shall also transmit the treasurer's receipt for saiil payment to said board with said report. [Amendment approved March 20, 1905. Stats. 1905, p. 511. In effect immediately.] §160. In counties of the 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: 1G9 COUNTY GOVERNMENT. Act 837. § 160 1. The county clerk, four thousand ($4,000) dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one chief deputy, whose salary is hereby- fixed at the sum of eighteen hundred ($1800) dollars per annum; five courtroom deputies, whose salaries are hereby fixed at the sum of fifteen hundred ($1500) dollars per annum each; one deputy, whose salary is hereby fixed at the sum of fifteen hundred ($1500) dollars per annum; four deputies, whose salaries are hereby fixed at the sum of twelve hundred ($1200) dollars per annum each; and one copyist, whose salary is hereby fixed at the sum of twelve hundred ($1200) dol- lars per annum; the chief deputy, ten deputies, and one copyist herein provided for shall be appointed by the clerk of said county, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of county clerk; provided further, that in such years as the compilation of a great register of voters is required by law to be made, the county clerk, in counties of this class, shall be and he is hereby allowed the following additional help: One clerk for a period of and not exceeding six months, whose salary is hereby fixed at one hundred and twenty-five ($125) dollars per month; four clerks, for a period of and not exceeding four months, whose salaries are hereby fixed at one hun- dred ($100) dollars each per month. Such clerks shall be appointed by the county clerk of such counties and during their respective periods of employment, their salaries shall be paid by such county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such counties. 2. The sheritf, four thousand ($4,000) dollars per annum; provided, that there shall be and hereby is allowed to the sherilf one under-sheriff, whose salary is hereby fixed at the sum of two thousand four hundred ($2,400) dollars per annum; one bookkeeper, Avhose salary is hereby fixed at the sum of eighteen hundred ($1800) dollars per annum; one chief jailer, whose salary is hereby fixed at the sum of fifteen hundred ($1500) dollars per annum; two assistant jailers, whose salaries are hereby fixed at the sum of twelve hundred ($1200) per annum each; five bailiffs, whose salaries are hereby fixed at the sum of twelve hundred ($1200) dollars per annum each; one office deputy, whose salary is hereby fixed at the sum of twelve hundred ($1200) dollars per annum; one matron for the jail, whose salary is hereby fixed at the sum of six hundred ($600) dollars per annum; and one stenographer, whose salary is hereby fixed at the sum of six hundred ($600) dollars per annum; the under sheriff, bookkeeper, chief jailer, office deputies, assistant jailers, bailiffs, matron for jail, and stenographer, herein provided for shall be appointed by the sheriff; and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the sheriff; provided, that in counties of this class the sheriff shall be allowed no compensation or profit for feeding prisoners in the county jail, but that he shall file, monthly, with the county auditor, a verified statement, showing the names of persons and Act 837, § 160 GENERAL LAWS. 170 amounts paid to each for expense of feeding such prisoners, and the sher- iff shall thereupon 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. The sheriff shall also receive the amount of money necessarily expended by him in serving all process and notices and all expenses nccessarilj' in- curred by him in the pursuit of criminals within his county, and the same shall be a charge against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. 3. The recorder, four thousand ($4000) dollars per annum; provided, that in counties of this class there shall be and tliere thereby is allowed to the recorder the following deputies and copyists, who shall be ap- pointed by the recorder in such county, and shall be paid salaries and compensations as follows: One chief deputy, at a salary of eighteen hun- dred ($1800) dollars per annum; one index deputy, whose salary is hereby fixed at fifteen hundred ($1500) dollars per annum; three deputies, whose salaries are hereby fixed at twelve hundred ($1200) dollars per annum each; and one mortgage deputy, whose salary is hereby fixed at twelve hundred ($1200) dollars per annum; provided further, that the chief deputy, index deputy, three deputies, and one mortgage deputy herein provided for shall be appointed by the- recorder of said countj^, and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the recorder; provided further, that in counties of this class the recorder shall be entitled to the actual cost incurred' by him for the recording of all papers and documents in his office, not exceeding eight cents per folio for each paper or document so recorded; and provided further, that said recorder shall file monthly, with the county auditor, a verified statement, showing in detail the persons and the aihouuts paid to each for such recording. 4. The auditor, thirty-six hundred dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the audi- tor one chief deputy, who shall be appointed bj'- the auditor of said county, and whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; one deputy, who shall be appointed by the auditor of such county, and whose salary is 'hereby fixed at the sum of twelve hundred dollars per annum; one clerk, whose salary is hereby fixed at the sum of twelve liundred dollars per annum, and such additional as- sistance as the auditor may appoint, and whose compensation shall not in the aggregate exceed the sum of one thousand dollars per annum; and provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid, and the persons to whom said compensation is paid, for such extra assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and hereby is allowed 171 COUNTY GOVERNMENT. Act 837, § 160 to the treasurer one cliief clei)Uty, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, and one deputy, whose sal- ary is hereby fixed at the sum of twelve hundred dollars' per annum, which sum shall bo paid by said county in equal monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the treasurer; provided, that the chief deputy and the deputy herein provided for, shall be appointed by the treasurer of such county. 6. The tax collector, three thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one chief deputy, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, three deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars each per annum, and one stenographer whose salary is hereby fixed at the sura of six hundred ($600) dollars per annum; provided further, that there shall be and there hereby is allowed to the tax collector not to exceed two extra deputies for the month of April of each year, whose salaries shall be one hundred dollars for such month, and throe extra deputies for the month of July of each year, whose salaries shall be one hundred dollars each for such month, and five extra deputies for the month of August of each year, whose salaries shall be one hundred dollars each for suen mouth, and six extra deputies for the mouth of September of each year, whose salaries shall be one hundred dollars each for such month, and seven extra deputies for the month of October of each year, whose salaries shall be one hundred dollars each for such month, and not to ex- ceed twelve extra deputies for the month of November of each year, whose salaries shall be one hundred dollars each for such month; pro- vided further, that the chief deputy, the stenographer, and all other deputies herein provided for, shall be appointed by the tax collector of said county, and the salaries of said chief deputy and all other deputies herein provided for shall be paid by said county, during the time which they shall hold office, as herein provided, at the same time and in the same manner and out of the same fund as the salary of the tax collector. 7. The license collector shall receive fifteen per cent of all licenses col- lected by him. 8. The assessor, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the assessor the following deputies, who shall be appointed by the assessor and shall be paid salaries as follows: One chief deputy assessor, at twenty-four hundred dollars per annum; one deputy assessor, at fifteen hundred dollars per annum; one mortgage deputy assessor, at twelve hundred dollars per annum; one transfer deputy assessor, at twelve hun- dred dollars per annum; seven outside field deputy assessors, at one hundred and twenty-five dollars each per month not exceeding six months in any one year; one stenographer, at six hundred dollars per annum; six field deputy assessors, for not exceeding four mouths in any one year, at one hundred dollars each per month; one cashier, for not exceeding, seven months in any one year, at a salary of one hundred and twenty- five dollars per mouth; eight copyists, for not exceeding four months in Act 837, § 160 GENERAL LAWS, 172 any one year, at a salary of one hundred dollars each per month; five extra deputy assessors, for not exceeding four months in any one year, at a salary of one hundred dollars each per month, and such additional assistance as the assessor may appoint and whose compensation shall not in the aggregate exceed the sum of forty-five hundred dollars per annum; and provided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts paid and the per- sons to whom such compensation is paid for such extra assistance, as aforesaid. The salaries herein provided for shall be paid by the said county in monthly installments, at the same time and in the same man- ner and out of the same fund as the salary of the assessor is paid; it is hereby further provided, that in counties of this class the assessor shall receive commissions for his collections of taxes on personal prop- erty, and such assessor shall receive compensation or commission for the collection of poll taxes or road poll taxes, but the said assessor shall not receive compensation for making out the military roll of persons returned by him as subject to military duty as provided by section nine- teen hundred and one of the Political Code; provided, however, that should the assessor be directed by any law, or by any order of the board of supervisors, or by any municipality within said counties of the third class, to prepare maps, plats or block books for the use of the county, or assessment-rolls for the use of any municipality, then said assessor shall make such maps, plats, or block books, or assessment-rolls, but shall only receive the actual cost by him incurred in making or preparing such maps, plats or block books or assessment-rolls; and provided fur- ther, that, he shall file with the county auditor a sworn statement show- ing the persons to whom, and the amounts paid to each, for such maps, plats or block books, or assessment-rolls, and he shall account forthwith and pay over to the county any difference between such cost and the amount allowed him for such work. 9. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney one chief deputy district attorney, whose salary is hereby fixed at two thousand dollars per annum; three deputy district attorneys, whose salaries are hereby fixed at fifteen hundred dollars per annum each; and one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; provided further, that the chief deputy district attorney, and three deputy district attorneys, and clerk shall be appointed by the district attorney and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the dis- trict attorney; provided further, that in counties of this class there shall be and there hereby is allowed to the district attorney a stenographer whose salary is hereby fixed at the sum of nine hundred dollars per an- num; and for the purpose of assisting the district attorney in the de- tection of crime and the prosecution of criminal cases and in civil actions and proceedings and all matters in which the county is interested, there ia allowed to the district attorney a detective, whose salary is hereby 173 COUNTY GOVERNMENT. Act 837, § ICO fixed at the sum of fifteen hundred dollars per annum; provided further, that the stenographer and detective shall be appointed by the district attorney, and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the district attorney; provided further, that the provisions of this subdivision of this section of this act with refer- ence to ihe stenographer shall be in force and effect on and after twelve o'clock meridian of the first Monday in January, nineteen hundred and seven; provided further, that the provisions of this subdivision of this section of this act with reference to the detective shall be in force and effect from and after its passage. 10. The coroner, such fees as are now or may hereafter be allowed by law; provided, that the coroner shall be paid by such counties in the same manner and out of the same fund as such fees are now paid, the sum of two dollars for each certificate of the cause of death made by him. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The county superintendent of schools, three thousand dollars per annum; provided, that in counties of this class, there shall be and hereby is allowed to the county superintendent of schools, one assistant superin- tendent of schools, and one deputy, who shall be appointed by the county superintendent of schools of said county and whose salaries shall be as follows: The salary of the assistant shall be one hundred dollars per month, that of the deputy shall be one hundred dollars per month. The salaries shall be paid out of the same fund and in the same manner as the salary of the county superintendent of schools is paid. 13. The surveyor shall receive ten dollars per day for all work per- formed for the county, and in addition thereto all necessary expenses and transportation for work performed in the field; provided, that when- ever the surveyor is directed or charged to make, plat, trace, or otherwise prepare maps, plats, or blockbooks for the use of the county, city and county, or any municipality within such county, then such county sur- veyor shall only be allowed, in addition to the actual cost and expense of making, platting, tracing, or otherwise preparing such maps, plats, or block books, a compensation to be determined by the board of super- visors, not exceeding the sum of ten dollars per day while he is actually so employed; and provided further, that such county surveyor shall file with the county auditor a sworn statement, showing in detail the aniounts so paid, and the persons to whom such amounts have been so paid for such expense as aforesaid. 14. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nineteen thousand, two hundred and twenty-five dollars; in townships having a population of fifteen thousand and less than nineteen thousand, one hundred and fifteen dollars; in townshipg having a popula- Act S37, § 161 GENERAL LAWS. 174 tion of one tliousand and less tlian fifteen thousand, seventy-five dollars. In addition to the compensation received in criminal cases each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions; provided, that in townships containing a population of more than twenty-five thousand there shall be but one justice in and for such townships. Each justice of the peace must keep a book, open for the inspection of the public, during office hours, in which must be entered at once and in detail the amount of all fines collected by him in criminal cases, and on the first Monday of each and every month he must pay such fines so collected into the county treasury, or city treasury, as provided by law. 15. Constables shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty-five thousand, one hundred and fifty dollars; in townships having a population of more than nineteen thousand and less than twenty-five thousand, ninety dollars; in townships having a population of fifteen thousand and less than nineteen thousand, eighty dollars; in townships having a population of one thousand and less than fifteen thou- sand, eighty-five dollars; provided, that in townships having a population of fifteen thousand and less than nineteen thousand there shall be but one constable. In addition to the compensation received in criminal cases each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil cases; provided, that in counties of this class constables shall be and they are hereby allowed such expenses as are actually and neces- sarily incurred by them in conveying prisoners to and from the county jail; such expenses to be itemized and presented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the manner as are other claims. 16. Each supervisor, one hundred and twenty-five dollars per month, and mileage at ten cents per mile for each mile actually traveled in go- ing to and from their residence to the county seat, or in the performance of the duties required of them by law or by virtue of their office; pro- vided, that in attending sessions of the board only four mileages shall be allowed for each month, and that the total mileage allowed shall not exceed one hundred dollars in any one month. [Amendment approved March 22, 1905. Stats. 1905, p. 746. In effect partly on the first Monday of January, 1907, and partly in sixty days.] § 161. In counties of the 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, nine thousand dollars per annum. 2. The sheriff, nine thousand five hundred and twenty dollars per an- num; provided, that he shall receive as additional compensation the mileage collected by him in criminal cases, and all expenses incurred in 175 COUNTY GOVERNMENT. Act 837, § 161 criminal cases, and also his mileage for service of papers or process is- sued by any court of this state, and all fees for service of papers or process in actions arising outside of his county, and the said sheriff may appoint a matron for the county jail of his county, which office of matron for the county jail is hereby created, and who shall receive as compensa- tion the sum of seventy-five dollars per month, paj^able at the same time, and in tlie same manner as the salaries of other county officers. 3. The recorder, eight thousand dollars per annum; and the said recorder may appoint one chief deputy, which said office of chief deputy recorder is hereby created, who shall hold said office of chief deputy recorder for a period of four years from and after his appointment, and who shall receive as compensation the sum of twelve hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers. 4. The auditor, four thousand dollars per annum. 5. The treasurer, four thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum. 7. The license collector, who shall be appointed by the board of super- A'isors, whose term of office shall be for the period of four years, five per cent upon the whole amount of licenses collected by him. 8. The assessor, eight thousand seven hundred dollars per annum, and the said assessor may appoint one chief deputy assessor, and one draughtsman for the assessor, which said officers of chief deputy assessor and draughtsman for the assessor are hereby created, who shall hold said offices of chief deputy assessor and draughtsman for the assessor, re- spectively, for the period of four years from and after their several ap- pointments, and who shall receive as compensation the sum of twelve hundred dollars each, per annum, payable at the same time and in the same manner as the salaries of other county officers. And the assessor may also appoint each year two temporary deputies, who shall serve as such during the months of March, April, May, and June, of the year for which they are appointed, which said offices of temporary deputy as- sessors are hereby created, who shall receive as compensation the sum of eighty dollars each, per month, during the four months which they shall serve as such deputies, payable at the same time and in the same manner as the salaries of other county officers. 9. The district attorney, three thousand two hundred dollars per an- num; and the said district attorney may appoint one assistant district attorney and one deputy district attorney, which said offices of assistant district attorney and deputy district attorney are hereby created. The salary of such assistant district attorney is hereby fixed at eighteen hundred dollars per annum, and the salary of such deputy district attor- ney is hereby fixed at twelve hundred dollars per annum, such salaries to be paid at the same time and in the same manner as the salaries of other county officers. 10. The coroner, such fees as are now or may hereafter be allowed by law. 11. The rniblic administrator, such fees as are now or may hereafter bfe allowed by law. Act 837, § 161 GENERAL LAWS. 176 12. The superintendent of scliools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county; and the said superintendent of schools may appoint one assistant superintend- ent of schools, which office of assistant superintendent of schools is hereby created, who shall receive as compensation the sum of nine hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers. 13. The county surveyor, the sum of two thousand four hundred dollars per annum; and said surveyor may appoint one assistant surveyor, wliich said office of assistant surveyor is hereby created, who shall receive as compensation the sum of twelve hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers. All fees now, or which may hereafter be, allowed by law, and which shall be earned by the county surveyor in the official discharge of his duties, shall be paid into the county treasury for the benefit of the county, accompanied by a sworn and itemized statement of such fees earned, on or before the first Monday of each month. 14. In counties of this class, justices of the peace shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same manner as the salaries of county officers are paid, viz.: In townships having a population of twenty thousand or more, one hundred and fifty dollars per month; in townships having a population of four thousand and less than twenty thousand, one hundred and thirty-five dollars per month; in townships having a population of fifteen hundred and less than four thousand, sixty-five dollars per month; in townships having a population of one thousand and less than fifteen hundred, fifty dollars per month; in all townships having a population less than one thousand, thirty dollars per month; provided, that in townships having a population of twenty thousand or more, there shall be two justices of the peace in and for any such townships, and such justices shall be allowed a clerk, to be appointed by the board of super- visors at a salary of seventy-five dollars per month, payable monthly in the same manner as salaries of county officers are paid, and shall be furnished with offices and necessary supplies by the board of supervisors. All fees collected by justices of the peace in criminal cases, shall be by them monthly paid into the county treasury, accompanied by a sworn and itemized statement showing the amount of such fees, and all fees for civil cases collected by justices of townships with a less population than five thousand inhabitants, shall likewise be paid into the county treasury. 15. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same manner as salaries of county officers are paid, viz.: In townships having a popula- tion of twenty thousand or more, one hundred dollars per month; in townships having a population of four thousand and less than twenty thousand, seventy-five dollars per month; in townships having a popula- tion of fifteen hundred and less than four thousand, sixty dollars per month; in townships having a population of less than fifteen hundred, forty dollars per mouth. They shall be allowed all necessary expenses 177 COUNTY GOVERNMENT. Act 837, § 162 incurred in conveying prisoners, and such fees as are now or may be hereafter allowed in civil cases excepting constables in townships having a population of less than five thousand inhabitants who shall not receive any fees. 16. Each supervisor, one thousand two hundred dollars per annum, and mileage at ten cents per mile for each mile actually traveled in go- ing to and from their residence to the county scat, or in performance of the duties required of them by law or by virtue of their office; pro- vided, that in attending sesssions of the board only four mileages shall be allowed for each month, and that the total mileage allowed shall not exceed one hundred dollars in any one month; and in counties of this class the members of the board of supervisors shall be ex officio road commissioners, and as such road commissioner shall be paid the sum of five hundred dollars per annum each. [Amendment approved March 16, 1903. Stats. 1903, p. 168. In effect immediately.] § 162. In counties of the 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. He shall ap- point one chief deputy, at a salary of eighteen hundred dollars per an- num; two additional deputies at a salary of twelve hundred dollars each per annum, and three courtroom clerks at a salary of one thousand five hundred dollars each per annum, and a deputy or deputies not to exceed five, tor the purpose of registering electors, to be paid not to exceed four dollars per diem each, provided, that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state and then only between the first day of June and the fifteenth day of November of said year; and such deputies as may be needed for the purpose of registering electors in precincts outside of the corporate limits of the city of Sacra- mento in said county, who shall be paid fifteen cents per name for each person legally registered by them. The salaries and compensation of each of said deputies and clerks to be paid out of the county treasury in equal monthly installments in the same manner and at the same time as other county officials are paid. 2. The sheriff shall receive three thousand six hundred dollars per annum salary. The sheriff shall also receive for his own use the fees for mileage which are now, or which may hereafter, be allowed by law, and the fees and commissions for the service of all papers whatsoever issued by any court of the state outside of this county, and shall also receive his necessary expenses in all criminal cases. The sheriff shall also be paid twelve and one-half cents per meal each for all meals furnished prisoners confined in the county jail. The sheriff shall have one under sheriff at a salary of one thousand five hundred dollars per annum, two jailers at a salary of twelve hundred dollars per annum each, and three court bailiffs, or deputies, at a salary of twelve hundred dollars per annum each. All deputies herein mentioned shall be appointed by the Gen. Laws — 12 Act 837, § 162 GENERAL LAWS. 178 sheriff, and paid at the same time and manner that their principal is paid. 3. The recorder, three thousand dollars per annum. The recorder mny appoint one chief deputy at a salary of fifteen hundred dollars per annum; one mortgage clerk, at a salary of twelve hundrod dollars per annum; one index clerk, at a salary of twelve hundred dollars per an- num. Said recorder may also appoint such copyists, not to exceed three, as may be required for the recording of all papers, notices or documents in his office, who shall receive as compensation for their services, the sum of twelve hundred dollars each per annum. The salaries and com- pensation of all deputies and copyists herein provided for, each of whom shall be a deputy county recorder, shall be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county recorder is paid. 4. The auditor, three thousand dollars per annum; provided, that in counties of this class there shall be, and is, hereby allowed to the auditor one deputy, who shall be appointed by the auditor of said county and whose salary is hereby fixed at fifteen hundred dollars per annum, and such additional assistants as the auditor may require, and whose com- pensation shall not exceed the sum of five hundred dollars per annum, in the aggregate, for all assistants so employed, and provided, that the auditor shall file with the county clerk a verified stntemcnt, showing in detail the amounts paid and the persons to whom such compensation has been paid for such additional assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly install- ments, at the same time, and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand four hundred dollars per annum. 6. The tax collector, two thousand five hundred dollars per annum; provided that he shall have such assistants as he may require, whose com- pensation, which shall be paid by the county, shall not exceed the sum of five hundred dollars per annum in the aggregate. 7. The license collector, one thousand eight hundred dollars per annum. 8. The assessor, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be, and there is, hereby allowed to the assessor, the following deputies, who shall be appointed by the assessor, and shall be paid salaries as follows: One chief deputy assessor, at eighteen hundred dollars per annum; one office deputy as- sessor, at fifteen hundred dollars per annum; one mortgage and transfer deputy assessor, at nine hundred dollars per annum; four field deputy assessors, for not exceeding four months in any one year, at a salary of one hundred and twenty-five dollars each per month; eight field deputy as- sessors for not exceeding four months in any one year, at a salary of one hundred dollars per month each; and such additional assistance as the assessor may require, and whose compensation shall not in the aggre- gate exceed the sum of six hundred dollars per annum; and provided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts paid and the persons to whom such com- pensation is paid for such extra assistance, as aforesaid. The salaries of 179 COUNTY GOVERNMENT. Act 837, § 162 the chief deputy assessor, ofQee deputy assessor, mortgage and transfer deputy assessor aud field deputy assessors herein provided for shall be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. It is hereby further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on per- sonal property, nor shall such assessor receive any compensation or com- mission for the collection of poll taxes or road poll taxes. 9. The district attorney, three thousand six hundred dollars per annum. In counties of this class, the district attorney may appoint an assistant district attorney, which office is hereby created, vpho shall receive as com- pensation for his services the sum of two thousand four hundred dollars per annum, to be paid out of the county treasury in equal mouthly in- stallments in the same manner, and at the same time other county offi- cials are paid. In counties of this class the district attorney may ap- point a deputy district attorney, which office is hereby created, who shall receive as compensation for his services the sum of one thousand eight hundred dollars per annum, to be paid out of the county treasury in equal mouthly installments in the same manner, and at the same time other county officials are paid. In counties of this class, the district attorney may appoint a clerk for service in his office, which office of clerk to the district attorney is hereby created, and said clerk shall re- ceive as compensation for his services, the sum of one thousand two hun- dred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county officials are paid. 10. The coroner, such fees as are now or may be hereafter allowed by law; provided, the coroner or other officer holding an inquest upon the body of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or the tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem exam- ination of the deceased, and give a professional opinion as to the cause of death; and shall cause the testimony of all the witnesses at such inquest to be reduced to writing under his directions and may require one of the official reporters to act as clerk, or stenographer for such purpose, and in case any of such reporters should refuse or be unable to attend, may employ a stenographer for that purpose at the same compensation allowed to stenographers of the superior court of the county, such amount to be deducted from the salary of the official re- porter in default. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The" superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting schools of his county, not exceeding three hundred dollars per annum; and the said superintendent of schools may appoint one assistant superintendent of schools, which office of assistant superintendent of schools is hereby created, who shall receive as compensation the sum of one thousand two hundred dollars per annum, payable at the same time and in the same manner as the Act 837, § 162 GENERAL LAWS. 180 salaries of other county officers are paid. Each member of the board of education shall receive five dollars per day as compensation for his ser- vices when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of the said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed, at the rate above named, and in the manner as other claims against the county are allowed. The compensation of members of the county board of education herein provided is not in addition to that pro- vided in section seventeen hundred and seventy of the Political Code. 13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed on the field; provided, that in counties of this class, whenever the board of supervisors shall order, or the assessor may require, as- sessor's map or block books, then the surveyor shall receive, in addition to the salary hereinabove noted, the sum of nine hundred dollars for the preparation and completion of the said map or block books. 14. Justices of the peace, such fees as are or may be hereinafter allowed by law, except that the justices of the peace in townships con- taining twenty thousand or more inhabitants shall be allowed a salary of one hundred dollars per month each in lieu of all fees in criminal cases; provided, however, that justices of the peace in townships con- tiguous to municipalities containing twenty-five thousand or more inhab- itants, or in which a state penal institution is located, shall be allowed a salary of seventy-five dollars per month each in lieu of all fees in criminal cases; the salary of the justices of the peace as above provided, to be paid at the same time, and in the same manner as county officers are paid. 15. Constables, such fees as are now or may be hereafter allowed by law, except that the constables in townships containing twenty thousand or more inhabitants shall be allowed a salary of one hundred dollars per month each, in lieu of all fees in criminal cases; provided, however, that constables in townships contiguous to municipalities containing twenty- five thousand or more inhabitants, or in which a state penal institution is located, shall be allowed a salary of seventy-five dollars per month each, and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail, in lieu of all fees in criminal cases, provided, however, that constables in townships not contiguous to municipalities containing twenty-five thousand or more inhabitants and constables in townships in which a state penal institution is not located shall receive in addition to the fees now provided by law three dollars per diem for each day in actual attendance on the court in criminal cases, and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail. The salary of the constables as above provided to be paid at the same time and in the same manner as county officers are paid. 181 COUNTY GOVERNMENT. Act 837. § 163 16. Each supervisor, one hundred and twenty-five dollars per month, and ten cents per mile for traveling to and from the county seat; pro- vided, mileage shall not be allowed oftener than once in each month. 17. From and after the first Monday in January, nineteen hundred and three, the offices of recorder and auditor shall be separate and shall not be consolidated by the board of supervisors. 18. Tor attending as a juror in the superior court, for each day's attend- ance, per day, three dollars. For each mile actually traveled in attending court as a juror, in going only, per mile, twenty-five cents. [Amendment approved March 20, 1905. Stats. 1905, p. 477. In effect in sixty days.] § 163. In counties of the 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, to wit: 1. The county clerk, five thousand nine hundred dollars per annum; provided, that he shall appoint one chief deputy, at a salary of twelve hundred dollars per annum, two courtroom deputies, at salary of nine hundred dollars per annum each, and one deputy at a salary of nine hundred dollars per annum. The salaries of said four deputies shall be paid by said county clerk out of said five thousand nine hundred dollars compensation above named. 2. The sheriff, sixty-two hundred dollars per annum; 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 salary 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 coinputed in all eases from the courthouse, to serve any summons and complaint, or any other process by which an action or proceeding is com- menced, notice, rule order, subpoena, attachment on property, to levy an execution, post notice of sale, to sell property under execution or other order of sale, to execute an order 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, twenty cents for each mile, one way only, to be computed over the nearest and most practicable route, between the courthouse and the place of service; provided, that if any two or more papers be required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most distant points to complete such service, which distance shall, in all cases, be estimated by the nearest practicable route. 3. The recorder, five thousand six hundred dollars per annum; provided, that the recorder shall appoint four copyists at a salary of nine hundred dollars per annum, each; which salary of said four copyists shall be paid by said recorder out of said sum of five thousand six huudred dollars compensation above named; and provided, further, that said copyists be- ing eligible may be appointed deputies of said recorder without further compensation. 4. The auditor, two thousand four hundred dollars per annum; pro- vided, that the expenses iucurred in making extensions of assessment Act 837, § 163 GENERAL LAWS, 182 and tax rolls shall be paid out of said sum of two thousand four hundred dollars compensation above mentioned. 5. The treasurer, two thousand dollars per annum, and such fees as are now or may hereafter be allowed by law. 6. The tax collector, three thousand dollars per annum, and such fees as are now or may be hereafter allowed him by law for the collection of all county licenses; provided, that the tax collector shall appoint as many fleputies as may be necessary, all of which deputies' salaries shall be paid out of the compensation above named. 7. The assessor, four thousand two hundred dollars per annum; pro- vided, that the assessor shall appoint one chief depiTty, at a salary of twelve hundred dollars per annum, and as many deputy assessors as may be necessary, all of which deputies' salaries shall be paid by the said assessor out of said four thousand two hundred dollars compensation above mentioned. 8. The district attorney, two thousand four hundred dollars per annum, and one assistant district attorney, at a salarj'- of fifteen hundred dollars per annum, to be paid at the same time and in the same manner as county officers are paid; said assistant 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 uni- form system of county and township governments," approved 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 thousand dollars per, annum, and actual traveling expenses when visiting the schools of his county; provided, said superintendent of schools may appoint a deputy at a salary of nine hundred dollars per annum, payable at same time and in same manner as salaries of other county officers are paid. 12. The surveyor shall receive one thousand eight hundred dollars per annum for all work performed for the county, and in addition thereto all necessary and actual traveling expenses incurred in connection with field work, and all fees allowed by law; provided, that out of the com- pensation hereinabove provided he shall pay the cost of plotting, tracing or otherwise preparing maps., plats or block books, and shall procure the necessary data therefor, for use of the county assessor; provided further, that the fees for land surveys, except when done for the county, shall be ten dollars per day, or fraction thereof, and in addition thereto all neces- sary and actual traveling expenses. He shall appoint a deputy at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as county officers are paid. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, for all services required of them by law, or by virtue of their office, except as road commissioners, 188 COUNTY GOVERNMENT. Act 837, § 164 shall be allowed six dollars per day, and thirty cents per mile in travel- ing from their place of residence to the courthouse; provided, that only one mileage must be allowed at each term; and provided further, that no supervisor must be allowed more than one day's paj' for any one day, by reason of his being on the committees appointed by the board of supervisors, or for any other cause; provided, that in no case shall the per diem of the supervisors, as supervisors, exceed eight hundred dollars each in one year. Each supervisor shall receive for his services as road commissioner, thirty cents per mile, one way, for all distances actually traveled by him in the performance of his duties; provided, that he shall not in any one year, receive more than four hundred dollars as such road commissioner. [Amendment approved March 20, 1905. Stats. 1905, p. 504. In effect on the first Monday after the first day of Januarv, 1907.] § 164. In counties of the seventh class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk two thousand four hundred dollars ($2,400) per annum. He shall have one deputy at a salary of thirteen hundred eighty dollars ($1380) per annum; one deputy at a salary of twelve hundred dollars ($1200), and three deputies at salaries of ten hundred and twenty dollars ($1020) per annum each, and one at a salary of seven hundred and twenty dollars ($720) per annum. 2. The sheriff fifty-four hundred dollars ($5400) per annum and all fees for service of processes issued without his county. He shall have an under-sheriff whose annual salary shall be thirteen hundred eighty dollars ($1380), two deputies whose annual salaries shall be twelve hun- dred ($1200) each, one deputy whose salary shall be eleven hundred and forty dollars per annum and three deputies whose annual salaries shall be ten hundred and twenty dollars ($1020) each. 3. The recorder twentj^-one hundred dollars ($2100) per annum. He shall have one deputy whose annual salary shall be thirteen hundred eighty dollars ($1380), and two deputies whose annual salaries shall be ten hundred and twenty dollars ($1020) each, and one deputy for a period of four months at seventy-five dollars ($75) per month, he shall have such copyists as are necessary to perform the duties of the office at a compensation not to exceed six cents per folio. 4. The auditor twenty-one hundred ($2100) dollars per annum, and one deputy at an annual salary of thirteen hundred eighty dollars ($1380) and one clerk at an annual salary of ten hundred and twenty dollars ($1020), 5. The treasurer twenty-five hundred dollars ($2500) per annum. He shall have a deputy at a salary of thirteen hundred eighty dollars ($1380) per annum. 6. The tax collector, twenty-one hundred dollars ($2100) per annum. He shall have one deputy who shall receive thirteen hundred eighty dollars ($1380) per annum, and three deputies at an annual salary of ten hundred and twenty dollars ($1020) each. No other fees or com- pensation other than the compensation provided for in this section shall be allowed the tax collector for the collection of license, and all license Act 837, § 164 GENERAL LAWS. 184 or other fees collected shall be paid into the county treasury monthly, rendering therewith a statement of the license or other fees collected. He shall be allowed actual traveling expenses in the collection of said license fees, the same to be audited by the board of supervisors and paid the same as other bills against the county are paid. 7. The assessor shall receive three thousand dollars ($3,000) per annum, for all services rendered as assessor. He shall have one deputy at an annual salary of thirteen hundred eighty dollars ($1,380) and ten deputies for three months whose per diem shall be four dollars ($4) each when actually employed, and four deputies for four months whose per diem shall be four dollars ($4) each when actually employed. He shall have four copyists for a period of four months each, at fifty dollars ($50) per month each during such time. All sums collected by the assessor or his deputies either as personal property taxes, poll or road taxes, or the fees allowed by law for the making of the military roll shall be paid into the county treasury monthly as collected, with a state- ment of account of such collections. 8. The district attorney three thousand dollars ($3,000) per annum. He shall have one deputy at a salary of eighteen hundred dollars ($1800) per annum, and one deputy at a salary of twelve hundred dollars ($1200) per annum. He shall also have a stenographer at an annual salary of nine hundred dollars ($900). 9. The coroner such fees as are now or may hereafter be allowed by law. 10. The public administrator such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools twenty-one hundred dollars ($2100) per annum for all services rendered as such. He shall have one deputy at an annual salary of twelve hundred dollars ($1200). The superin- tendent shall also be allowed actual traveling expenses when visiting the schools of his county. 12. The surveyor two thousand dollars ($2,000) per annum in full compensation for all services as county surveyor as road viewer and road inspector and his actual expenses when at work in the field. He shall have one deputy at an annual salary of nine hundred and sixty dollars ($960). 13. (a) The registered population of the several judicial townships of this county is hereby determined to be the registered vote as shown by the great register of the county in the office of the county clerk. The salaries of the several township oflScers shall be determined by the registered voting population as shown by said register at the general election of the preceding even numbered year, and are as follows, to wit: Judicial Township No. 1 275 (Firebaugh) Judicial Township No. 2 621 (Clovis) Judicial Township No. 3 5618 (Fresno) Judicial Township No. 4 822 (Fowler) Judicial Township No. 5 827 (Selma) Judicial Township No. 6 542 (Coalinga) Judicial Township No. 7 953 (Sanger) 185 COUNTY GOVERNMENT. Act 837, § 164 Judicial Township No. 8 512 (Eeedley) Judicial Township No. 9 283 (Kiugsburg) Judicial Township No. 10 466 (Letcher) Judicial Township No. 11 67 (Lemoore) Judicial Township No. 12 73 (Polasky) Judicial Township No. 13 322 (Laton) (b) For the purpose of regulating the compensation of justices of the peace and persons performing the duties of justice of the peace, and constables, townships of this class of counties are hereby classified ac- cording to the registered voting population as shown by the great reg- ister of the county. Townships having a registered voting population of 5,000 and more shall belong to and known as townships of the fifth class; township?; having a like population of 1,000 and less than 5,000 shall belong to and be known as townships of the second class; townships having a like population of 800 and less than 1,000 shall belong to and be known as townships of the third class; townships having a like population of 500 and less than 800 shall belong to and be known as townships of the fourth class; townships having a like population of 250 and less than 500 shall belong to and be known as townships of the fifth class; townships having a like population of 250 and less shall belong to and be known as townships of the sixth class. (c) .Justices of the peace and persons performing duties of justices of the peace shall receive the following monthly salaries to be paid eafih month as the county ofl^cers are paid, and the same shall be in full com- pensation for all services rendered in criminal cases, and shall include their office rent, to wit: In townships of the first class, one hundred and seventy -five dollars. In townships of the second class, one hundred dollars. In townships of the third class, eighty dollars. In townships of the fourth class, sixty dollars. In townships of the fifth class, forty dollars. In townships of the sixth class, twenty dollars. In addition to the monthly salaries herein allowed each justice of the peace may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions. Each justice of the peace must pay into the county trsas- ury once a month, all fines collected by him. 14. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, and shall be in full com- pensation for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars. In townships of the second class, ninety dollars. In townships of the third class, eighty dollars. In townships of the fourth class, sixty dollars. In townships of the fifth class, forty dollars. In townships of the sixth class, twenty dollars. In addition to the monthly salaries herein allowed each constable wa-y receive and retain for his own use, such fees as are now or may here?/ter Act 837, § 165 GENERAL LAWS. 186 be allowed by law for all services rendered by him in civil action; and shall be also allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury; provided, further, that when any constable is required to go out of his own county to serve a warrant of arrest, or any other paper in a crim- inal case, he shall be allowed mileage in going and returning outside of his own country at the rate of live cents per mile. 15. The supervisors shall receive each the sum of fifteen hundred dol- lars per annum, paid monthly in installments of one hundred and twenty- five dollars per month, in full compensation for all services rendered either as supervisors or road overseers. 16. Jurors' fees in criminal cases shall be as follows: For attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's attendance, per day three dollars, for each mile actually traveled in attending court as such juror under summons or under order of court, in criminal eases, in going only, per mile, fifteen cents, and the county clerk shall certify to the auditor the number of days' attendance and number of miles tr.aveled by each juror, and the auditor shall then draw his warrant there5;or and the treasurer shall pay the same. 17. The salaries of all county and township oflBcers shall be paj^able in installments monthly on the first day of each month. [Amendment ap- proved March 20, 1895, Stats. 1905, p. 435. In effect sixty days.] § 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, three thousand dollars per annum. 2. The sheriff, three thousand dollars per annum; the sheriff shall also receive for his own use and benefit the fees for mileage w^hich 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 receive his necessary expenses in all criminal cases. 3. The recorder, two thousand dollars per annum, 4. The auditor, one thousand dollars per annum. 5. The treasurer, two thousand dollars per annum, and such commis- sions as are now or may hereafter be allowed by law. 6. The tax collector, one thousand dollars per annum, and ten per cent on all licenses collected, which shall be in full for all services as tax . collector and license collector. 7. The assessor, eleven thousand five hundred dollars per annum; the assessor shall turn over to the county all fees and commissions for the collection of poll tax, personal property tax and for making up the mil- itary roll. The assessor shall make all maps and plats and shall bind in book form, alphabetically arranged, all assessment lists; provided, there shall be no charge against the county for the making of said maps, plats, and said binding, except for the material furnished in the making of said maps and plats and binding of said assessment lists. 187 COUNTY GOVERNMENT. Act 837. § 165 8. The district attorney, three thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, twenty-four hundred dollars per an- num, and actual traveling expenses when visiting the schools of his county, said expenses not to exceed six hundred dollars in one year. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the following salaries for all services rendered by them in criminal cases, payable in the same manner as county officers are paid, viz.: In townships having a population of fourteen thousand or more, one hundred dollars per month; in townships having a population of not less than five thousand nor more than fourteen thousand, sixty-five dollars per month; in townships having a population of not less than three thousand nor more than five thousand, fifty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hundred nor more than "two thousand, thirty- five dollars per month; in all townships having a population of less than one thousand four hundred, fifteen dollars per month; justices of the peace in counties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law in civil cases. 14. Constables shall receive the following salaries for all services ren- dered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: In townships having a population of fourteen thousand or more, eighty-five dollars per month; in townships having a population of not less than five thousand nor more than four- teen 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 townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hun- dred nor more than two thousand, thirty-five dollars per month: in all townships having a population of less than one thousand four hundred, fifteen dollars per month; constables in counties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law for mileage in criminal cases and shall also receive such fees as are now or may hereafter be allowed by law in civil cases. 15. Each member of the board of supervisors, nine hundred dollars per annum, and their necessary expenses when attending to the business of the county, other than the meetings of the board; and fifteen cents a mile in traveling to and from his residence to the county seat; provided, that not more than one mileage at any one term of the board shall be allowed. Act 837, §166 GENERAL LAWS. 188 16. The bonds of the clerk, sheriff, recorder, auditor, treasurer, tax collector, assessor, district attorney, coroner, public administrator, super- intendent of schools and surveyor, shall be executed with a reliable bond and security company and that the cost of said bond, when duly ap- proved shail be a charge against the county, and payable out of the general fund. 17. The county clerk shall have one chief deputy, at a salary of fifteen hundred dollars per annum; two court room deputies, at a salary of one thousand and eighty dollars per annum each, and a deputy or deputies not to exceed ten, for the purpose of registering electors and for other emergencies, to be paid not to exceed three dollars per diem each. The county recorder, one deputy, at a salary of fifteen hundred dollars per annum, three deputies at a salary of one thousand and eighty dollars per annum each. The treasurer, one deputy at a salary of two thousand dollars per an- num; and a deputy for the purpose of collecting taxes and for other emergencies, to be paid not to exceed four dollars per diem. The district attorney, an assistant district attorney, at a salary of eighteen hundred dollars per annum, and a deputy district attorney, at a salary of twelve hundred dollars per annum. The superintendent of schools, one deputy, at a salary of nine hundred dollars per annum. The sheriff, an under-sheriff, who shall receive a salary of eighteen hundred dollars per annum; a clerk who shall receive a salary of one thousand and eighty dollars per annum; two deputy sheriffs, who shall receive a salary of one thousand and eighty dollars per annum each; two bailiffs or courtroom deputies, who shall receive a salary of one thousand and eighty dollars per annum each; two jailers, who shall receive a salary of one thousand and eighty dollars per annum each; and a deputy or deputies not to exceed two, for the purpose of serving papers and for other emergencies to be paid not to exceed three and a half dollars per diem each. All the deputies, assistants, and clerks herein mentioned shall be paid at the time and in the manner that the prin- cipals are paid from and after the approval of this act. [Amendment approved March 20, 1905. Stats. 1905, p. 507. In effect from and after January 1, 1907.] § 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 office, the following salaries, to wit: 1. The county clerk, seven thousand six hundred dollars per annum. 2. The sheriff, seven thousand eight hundred dollars per annum; and the sheriff shall also receive for his own use and benefit the fees or com- missions for the service of all papers whatsoever, issued by any court of the state outside of his county. And the board of supervisors shall allow the sheriff his actual and necessary expenses in serving any civil or criminal process., or performing any other official duty within his county at a distance, by the ordinary route of travel, of more than sixty miles from the county seat. 189 COUNTY GOVERNMENT. Act 837, § 166 3. The recorder, the fees now allowed by law pertaining to said re- corder's office; provided, that the fee for filing, indexing, and canceling tax sale certificates for land sold to the state for delinquent taxes shall be fifteen cents for each certificate, and for filing, recording, and index- ing tax deeds to the state, the fee shall be seventy-five cents each, all of which shall be paid out of the county treasury in the same manner that other claims arc paid; provided, that the fee to be charged by the recorder for filing certificates of tax sale issued by the tax collector of any municipality within any county of the ninth class shall be one dollar for each volume, when the same is bound in book form; each of said volumes shall contain not less than two hundred of such tax certificates; provided, that all books of record, printing, and stationery shall be furnished and paid for by the recorder out of his fees; the style and quality of the same to be approved by the board of supervisors. 4. The auditor, five thousand five hundred dollars per annum. 5. The treasurer, three thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum, which shall in- clude all fees and percentage as license collector. 7. The assessor, six thousand five hundred dollars per annum, and such fees as are allowed by law. 8. The district attorney, five thousand dollars per annum. 9. The superintendent of public schools, twenty-five 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, seventy-five dollars per month, and in addition thereto the board of supervisors shall allow the coroner his actual traveling ex- penses in the performance of his official duties within his county at a distance by the ordinary route of travel of more than sixty miles from the county seat. 12. The surveyor, three thousand dollars per annum, which shall be in lieu of all fees and per diem now allowed by law. 13. Constables, in civil cases such fees as are now or may hereafter be allowed by law; and in criminal cases in townships having a popula- tion of sixteen thousand or more in lieu of fees now allowed by law the sum of one hundred dollars per month; and in all townships having a population of less than sixteen thousand, such fees as are now or may hereafter be allowed by law; provided, however, that no constable in such township shall be allowed in any one month out of the county treas- ury more than seventy-five dollars as fees in misdemeanor cases; provided further, that in such townships they shall receive for each day's at- tendance in criminal cases when required by the justice to be present two dollars per day; provided further, that in all townships the con- stables thereof for taking persons to the county jail actual traveling ex- penses only shall be allowed in lieu of mileage. 14. Justices of the peace, in all townships having a population of six- teen thousand or more, one hundred and fifty dollars per month in full of all compensation in both civil and criminal cases; in townships hav- Act 837, § 167 GENERAL LAWS. 190 ing a population of less than sixteen thousand such fees as are no'w or may hereafter be allowed by law; provided, however, that no justices of the peace in such township shall be allowed in any one month out of the county treasury more than seventy-five dollars in misdemeanor cases. The board of supervisors of such county shall furnish the township justice of the peace and the constables in townships liaving a population of sixteen thousand or more with suitable courtroom and furniture for said justice of the peace, and an office with necessary and proper furniture therefor, for each of said constables. 15. Each member of the board of supervisors, five hundred dollars per annum, and fifteen cents per mile in going from his residence to the county seat at each meeting of the board. Also, four hundred dollars per annum each, and mileage now allowed bj' law, for services as road com- missioners. 16. In counties of this class the official reporters of the superior court shall receive, as full compensation 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 the same time and in the same manner as the salaries of the county officers; and for transcription of said notes, Avhen required, he shall receive the sum of ten cents per folio for the original, and five cents per folio per copy; said compensation for transcription in criminal cases and coroner's inquests to be audited and allovv-ed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. In counties of this class there shall be but one horticultural com- missioner. 18. Each member of the board of education shall receive five dollars per day for not to exceed sixty days in any one year as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for not to exceed sixty days in any one year for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. [Amendment ap- proved March 20, 1905. Stats. 1905, p. 401. In effect immediately.] § 167. In counties of the tenth 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, and shall have as assistants the respective employees hereafter named, to wit: 191 COUNTY GOVERNMENT. Act 837, § 167 1. The county clerk, four thousand three hundred dollars per annum, and the sum of five hundred dollars for making the great register, and ten cents for each person registered, and there shall be, and there is hereby allowed to the county clerk in addition, one deputy, to be ap- pointed by the county clerk, who shall be paid a salary of one thousand dollars per annum, the said salary to be paid by such county in monthly installments, at the time, and in the manner and out of the same fund as the salaries of county officers are paid. 2. The sheriff, five thousand three hundred dollars per annum, and all commissions, fees and mileage for the service of papers or process coming from courts other than those of his own county, and there shall be, and there is hereby created the office of jailer, to be appointed by the sheriff, who shall be paid a salary of one thousand two hundred dollars per annum, said salary to be paid by such county in monthly installments, at the time and in the manner and out of the same fund as the salaries of county officers are paid. 3. The recorder, one thousand five hundred dollars per annum, and six cents per folio for recording, and four hundred and fifty dollars per year for abstract of mortgages for the county assessor. 4. The auditor, two thousand four hundred dollars per annum, and there shall be, and there is allowed to the auditor in addition, one deputy, to be appointed by the auditor, who shall be paid a salary of one thousand dollars per annum, and there shall be, and there is allowed to the auditor in addition, three clerks to be appointed by the auditor, who shall be paid a salary of seventy-five dollars per month each, not to ex- ceed one month in any one year; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. 5. The treasurer, two thousand four hundred dollars per annum. 6. The tax collector, three thousand two hundred dollars per annum; and there shall be, and there is allowed to the tax collector in addition, one deputy, to be appointed by the tax collector, who shall be paid a salary of one thousand dollars per annum, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid; provided, however, that in counties of this class, the tax collector shall receive no fees or commissions for the collection of licenses. 7. The assessor, five thousand five hundred dollars per annum, and there shall be, and there is allowed to the assessor, in addition, one deputy, to be appointed by the assessor, who shall be paid a salary of seventy-five dollars per month, not to exceed six months in any one year, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid; provided, however, that the percentage received by the assessor on poll taxes and personal property taxes, and also amounts allowed for returning names of persons subject to military duty, and which, in counties of other classes, is allowed to the assessor as compensation, shall be paid by him into the county treasury, and no part thereof ehall be received by him as compensation. Act 837, § 167 GENERAL LAWS. 192 8. The district attorney, three thousand dollars per annum, and there shall be, and there is allowed to the district attorney in addition, one deputy, to be appointed by the district attorney, who shall be an attorney at law regularly admitted to practice before the supreme court of the state of California, who shall be paid a salary oj. one thousand two hun- dred dollars per annum, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools for full services including attendance on the county board of education, one thousand eight hundred dollars per annum, and actual traveling expenses, and there shall be, and there is allowed to the superintendent in addition, a deputy, who shall be ap- pointed by the superintendent of schools, who sliall be paid a salary of one thousand dollars per annum, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. The office of the superintendent of schools shall be kept open on all business days from nine o'clock A. M. to five o'clock P. M. 12. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims of such services and mileage shall be pre- sented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred and seventy of the Political Code. 13. The surveyor, one thousand five hundred dollars per annum, and in addition thereto all necessary expenses, incurred in performing county work, ordered by the board of supervisors. 14. The justices of the peace, the following monthly salaries, to be paid each month as salaries of other county officers are paid, which shall he in full for all services rendered by them in criminal cases: In townships having a population of six thousand and over, ninety dollars per month. In townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars per month. In townships having a population of one thousand five hundred and less than two thousand four hundred, sixty dollars per month. In townships having a population of eight hundred and less than one thousand five hundred, fifty dollars per month. 1D3 COUNTY GOVERNMENT. Act 837, § 167 In townships having a population of five hundred and less than eight hundred, twenty dollars per month. In townships having a population less than five hundred, ten dollars per month. In addition to the above salaries, each justice of the peace shall collect for his own use in civil cases such feesi as are now or may hereafter be allowed by law. 15. Constables, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of five thousand and more, eighty- five dollars per month; in townships having a population of two thou- sand five hundred and less than five thousand, sixty-five dollars per month; in townships having a population of fifteen hundred and less than two thousand five hundred, sixty dollars per month; in townships having a population of eight hundred and less than fifteen hundred, fifty dollars per month; in townships having a population of five hundred and less than eight hundred, twenty dollars per month; in townships having a population less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. The population of townships shall, for the purpose of this section, be determined by the last preceding United States census, and in case town- ships are formed after the taking of the census, then the population shall be determined by multiplying the vote for governor cast in such town- ship, at the last preceding election, by four. 16. The supervisors each the sum of one hundred and twenty-five dol- lars per month as supervisors and road commissioners, and actual travel- ing expenses not to exceed five hundred dollars in any one year; vouchers for said traveling expenses shall be filed with the proper officer. 17. The official reporter of each department of the superior court shall be and he is hereby constituted a county officer and shall receive, as full compensation for taking notes in civil and criminal cases tried in said courts, a salary of one thousand eight hundred dollars per annum, pay- able in equal monthly installments, out of the county treasury, at the same time and in the same manner as the salaries of other county offi- cers; he shall without further compensation act as the secretary of the judge of such department of the superior court; and for transcription of said notes, when required, they shall receive the sum of twenty cents per folio for the original, and five cents per folio for a copy, and also actual traveling expenses, when reporting outside of the county seat. Said compensation for transcribing in criminal cases, preliminary exam- inations, 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 parly or jointly by both parties as the court may direct. [Amended March 20, 1905. Stats. 1905, p. 424. In effect in sixty days.] Gen. Laws — 13 Act 837, § 163 GENERAL LAWS. 194 § 168. In counties of the eleventh class, the county and township officers shall receive, as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; and there shall be, and there hereby is allowed to the county clerk, two deputies who shall be appointed by the county clerk and shall each be paid a salary of twelve hundred dollars per annum. 2. The sheriff shall receive five thousand dollars per annum; and there shall be and there hereby is allowed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dollars per annum. 3. The recorder, two thousand five hundred dollars per annum, and there shall be and there is hereby allowed to the county recorder two deputies who shall be appointed by the recorder and shall be paid a salary of seven hundred and fifty dollars per annum each. 4. The auditor shall receive two thousand seven hundred dollars per annum. 5. The treasurer shall receive two thousand four hundred dollars per annum. 6. The tax collector shall receive two thousand eight hundred dollars per annum. 7. The license collector shall receive ten per cent of all licenses col- lected by him. 8. The assessor shall receive four thousand five hundred dollars per annum. He may employ such assistance as may be necessary in making maps, plats and drawings essential for use in the assessor's office in the performance of his duty and the expense thereof shall be a charge against the county. 9. The district attorney shall receive two thousand four hundred dol- lars per annum; and there is hereby allowed to the district attorney one deputy to be appointed by him who shall receive a salary of one thou- sand dollars per annum. 10. The coroner shall receive such fees, as are now, or may hereafter be allowed by law. 11. The public administrator shall receive such fees as are now, or may hereafter be allowed by law. 12. The superintendent of schools, two thousand dollars per annum; and there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the superintendent of schools, and shall be paid a salary of seven hundred and fifty dollars per annum. 13. The surveyor shall receive two thousand dollars per annum; and necessary traveling expenses while in the performance of the duties of his office. 14. Each supervisor nine hundred dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of seven hundred and fifty dollars. 15. The official shorthand reporter shall receive two thousand dollars per annum for the department of the superior court to which he has been 195 COUNTY GOVERNMENT. Act 837, § 168 appointed. "Whenever one reporter shall be appointed to, and shall per- form the duties required of the official shorthand reporter, for more than one department of said superior court he shall receive a salary therefor of two thousand five hundred dollars per annum. In addition thereto, he shall receive for transcribing notes, the sum of ten cents per folio, for the original, and five cents per folio for all copies thereof. Subdivision fifteen hereof, relating to the salaries and fees of official shorthand re- porters, shall take effect immediately. 16. In townships having a population of seven thousand or over, two justices of the peace shall be elected, and each shall receive a salary of fifty dollars per month. In townships having a population of less than seven thousand and over four thousand there shall be but one justice of the peace elected and he shall receive a salary of thirty dollars per month. In all other townships there shall be but one justice of the peace who shall receive a salary of twenty dollars per month. All jus- tices in counties of this class shall, in addition to the salaries above pro- vided for, receive and collect for their own use and benefit, in civil cases, the following fees, to wit: 1. Each justice of the peace shall be allowed, in civil actions for all services before trial or entry of judgment, by default or confession, two (jollars, and for all additional services in such action, including execu- tion and satisfaction of judgment, two dollars. 2. For the trial of civil actions and all proceedings subsequent thereto, three dollars. 3. For certificate and transmitting papers and transcript on appeal, one dollar. 4. For copies of papers on docket per folio, ten cents. .5. For issuing a search-warrant, the fee to be paid by the party demand- ing the same, one dollar. 6. For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars. 7. For taking an acknowledgment of an instrumrnt, for the first name fifty cents, and for each additional name tw^enty-five cents. 8. For administering an oath, and certifying the same, fifty cents. 9. For issuing a commission to take testimony, one dollar. 10. For alj services connected with the posting of estrays, one dollar. 11. For issuing each affidavit, certificate, process, writ, order, or paper required by law to be issued, not otherwise herein provided for, twenty- five cents. 13. ' For taking bail in all proceedings, pending before another magistrate, fifty cents. 14. In townships having a population of seven thousand or over two constables shall be elected and each shall receive a salary of forty dollars per month. In townships having a population less than seven and over four thousand, there shall be but one constable elected, and he shall receive a salary of twenty-five dollars per month. In all other townships there shall be but one constable who shall receive twenty dollars per month. Act 837, §168 GENERAL LAWS. 19G All constables in addition to the salaries above provided for, shall receive and collect, for their own use and benefit, in civil cases only, the following fees, to wit: 1. For serving summons and complaint, for each defendant served, fifty cents. 2. For each copy of summons made by him, twenty-five cents. 3. For levying writ of attachment or execution, or executing an order of arrest, in a civil case or for delivery of personal property, two dollars. 4. For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars. 5. For keeping personal property, such sum as the court may order; but no more than two dollars fifty cents per day, for a keeper, when neces- sarily employed. 6. For taking a bond or undertaking, one dollar. 7. For copies of writs or other papers, except summons, complaints, and subpoenas, per folio, fifteen cents; provided, that when correct copies are furnished him for use, no charges shall be made for such copies. 8. For serving any writ, notice or order, except summons, complaint, or subpoena, for each person served, fifty cents. 9. For writing and' posting each notice of sale of property, fifty cents. 10. For furnishing notice of publication, twenty-five cents. 11. For serving subpoenas, each witness including copy, fifty cents. 12. For collecting money on execution two and one-half per cent. 13. For executing and delivering certificate of sale, fifty cents. 14. For executing and delivering constable's deed, two dollars and fifty centa. 15. For each mile actually traveled within his county, in the service of any civil writ, order, or paper, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed. 16. For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents; and the actual cost of the transportation of the prisoner or prisoners from the place of arrest to the justice court, and the necessary expense of assistance; provided, that for traveling in performance of two or more official services at the same time, including the service of crim- inal process, but one mileage shall be charged. 17. For each mile necessarily traveled outside his county ill executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents. 18. For transporting prisoners to the county jail, from the justice's court or from the county jail to the justice's court, the actual cost of transporta- tion and assistance, and mileage at twenty-five cents per mile, one way. In conveying two or more prisoners, but one mileage shall be charged. 19. For each day in which the constable is charged with the custody of a prisoner or prisoners, two dollars fifty cents, and for necessary expense of maintenance and assistance in keeping said prisoners. 20. For summoning a jury in a civil case, twenty-five cents for each of the persons so summoned, and mileage at the rate of twenty-five cents per mile, going only. 197 COUNTY GOVERNMENT. Act 837, § 1C9 21. For attending court during the trial of a civil cause, per day, three dollars. 22. For making sales of estrays in civil cases, the same fees as for sales on execution. 23. For serving writ of possession or restitution, putting a person in possession of the premises, and removing the occupants therefrom three dollars per day, and mileage at twenty-five cents per mile, going only. 24. The mileage provided for herein shall be computed for the shortest practicable traveled route between the two points for which mileage is claimed. 17. All salaries provided for in this act shall be paid out of the treas- ury of the county in monthly installments, and all fees shall be paid from the county treasury as other bills against the county are paid. | Amendment approved' March 20, 1905. Stats. 1905, p. 524. In effect in part immedi- ately and in part in sixty days.] § 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 ordered he shall receive five hundred dollars additional, which shall be in full for all services rendered in registering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per annum, and the fees or commissions for the service of all papers whatsoever issued by any court outside of his county. He shall appoint a jailer to take charge of the branch county jail, at a salary of six hundred dollars per annum, to be paid by the county. 3. The recorder, twenty-two hundred and fifty dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, (fifteen hundred) three thousand dollars per annum. 7. The assessor, three thousand 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, five hundred dollars per annum. 11. The superintendent of schools, fifteen hundred dollars per annum, and his actual traveling expenses while visiting schools. 12. The surveyor shall receive seven dollars per diem for each day actually employed in the performance of his duties as a county officer, an"ct in addition thereto all necessary expenses, such as transportation and pay of help which may be necessary for the performance of county duties. 13. .lustiees 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 townships 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 hundred, Act 837, § 169 GENERAL LAWS. 198 sixty-five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in townships hav- ing 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 of less than five hundred, ten dollars. Each justice must pay into the county treasury once a month, all fines collected by him. Tn addition to the monthly salary allowed herein, each justice may receive for his own use such fees as now or hereafter may be allowed by law for all services performed by him in civil actions. 14. Constables, the following salaries which shall be paid monthly as salaries of county officers are paid, and which shall be in full for all ser- vices rendered by them in criminal cases, to wit: In townships having a population of two thousand one hundred and more, one hundred dollars: in townships having a population of one thousand five hundred and less than two thousand five hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a population of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population less than five hundred, ten dollars. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or hereafter may be allowed by law for all services performed by him in civil actions. For the purposes of this act the basis of calculation for fixing the compensation of the justices and constables above mentioned, the population of the different townships of the county shall always be based upon the figures as shown by the last United States census; provided, however, that whenever the census of any township or townships shall have been taken under the provisions of this act, said census may become the basis of calculation. 15. Each member of the board of supervisors, six 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 expenses. 16. The official court reporter for all services required of him in the superior court, excepting for transcribing his notes, a salary of one 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 recjuired seven cents per folio for original and four cents per folio for copies to be paid for when completed by the party in a civil action who directs the work to be done, but the same shall ultimately be taxed as costs in the case. In criminal proceed- ings in the superior court when the judge orders the notes transcribed the same shall be paid from the county treasury on the order of the court. When the services of the reporter are demanded in any civil matter the clerk shall collect each day in advance two dollars and fifty cents from each side to the controversy, and pay the same into the county treasury. At the conclusion of the trial or proceeding, in civil matters, such report- 199 COUNTY GOVERNMENT. Act 837, § 170 ei's fees shall be taxed as costs in the same manner that other costs are taxed in the case. 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; pro- vided, that mileage be not allowed for more than two meetings in any one month. [Amendment approved March 21, 1905. Stats. 1905, p. 676. In effect in sixty dajs.] §170. In counties of the thirteenth class the county and township of- ficers shall receive, as full compensation for the services required of them by law or by virtue of their offices, the following fees and salaries: 1. The county clerk, thirty-three hundred dollars per annuin; provided, that in any year that the compilation of a great register is required by law to be made, he shall receive six hundred dollars additional for said year, which shall be in full for all services required in registering voters and making such new great register. 2. The sheriff, thirty-five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him, at the rate of five cents per mile for every mile necessarily traveled in the performance of his duty or in the serving of papers of any kind. 3. The recorder, twenty-one hundred dollars, provided, however, that in counties of this class the recorder shall be entitled to the actual cost in- curred by him for the recording of all papers and documents in his otfice not exceeding seven cents per folio for each paper or document so recorded;- provided further, that s.aid recorder shall file monthly, with the county auditor, a verified statement showing in detail the persons and the amounts paid to each for such recording. 4. The auditor, two thousand dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, twenty-four hundred dollars per annum, provided that said tax collector shall be allowed one clerk for the period of six months during each fiscal year who shall be appointed by said tax collector and be paid a salary of seventy-five dollars per month, the said salary to be paid by the said county in monthly installments at the same time, and in the same manner, and out of the same fund, as the salary of the tax collector is paid. 7. The assessor, eighteen hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Each supervisor. Each member of the board of supervisors, six hundred dollars per annum and actual mileage to and from the county seat while in the discharge of his official duties, and mileage as road com- missioner, fifteen cents per mile, one way; provided the amount of mileage Act 837, § 170 GENERAL LAWS. 200 for each supervisor shall not exceed the sum of three hundred dollars in any one year. 14. For the purpose of regulating the compensation of justices of the peace and constables, judicial townships in this class of counties are hereby classified according to their population as follows: Townships containing a population of six thousand five hundred or more shall belong to and be known as townships of the first class; town- ships containing a population of less than six thousand five hundred and more than four thousand five hundred shall belong to and be known as townships of the second class; townships containing a population of less than four thousand five hundred and more than two thousand five hundred shall belong to and be known as townships of the third class; townships containing a population of less than two thousand five hundred and more than one thousand, shall belong to and be known as townships of the fourth class; townships containing a population of less than one thousand and more than eight hundred shall belong to and be known as townships of the fifth class; townships containing a population of less than eight hundred shall belong to and be known as townships of the sixth class. The population of the several judicial townships shall be determined for the purpose of this and the succeeding section, by multiplying by five the total vote cast in such townships for governor at the last general elec- tion held November fourth, nineteen hundred and two, as indicated by the official election returns of said election. 15. Justices of the peace shall receive the following fees and salaries, which shall be paid monthly in the same manner as the salaries of the county officers are paid, out of the general fund of the county, which shall be in full for all services rendered by them in criminal cases; pro- vided, however, that if two justices of the peace shall be elected and qualify in any one township, then the said justices shall each receive one half of the salary therein provided for, to wit: In townships of the first class, seventy-five dollars per month; in town- ships of the second class, fifty dollars per month; in townships of the third class, twenty-five dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may here- after be allowed by law. Each justice must pay into the county treasury once a month all fines collected by him. In addition to the monthly salaries herein allowed, each justice may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for services rendered by him in civil cases; justices of the peace of the first and second classes shall be allowed their actual oflice rent, not to exceed the sum of fifteen dollars each, for any one month. Constables shall receive the following fees and salaries which shall be paid monthly in the same manner as the salaries of the county officers are paid out of the general fund of the county, and which shall be in full for all services rendered by them in criminal cases, to wit: In townships of the first class, thirty dollars per month; in townships of the second class, thirty dollars per month; in townships of the third 201 COUNTY GOVERNMENT. Act 837, § 171 class, twenty dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per mouth; in townships of the sixth class, such fees as are now or may hereafter be allowed by law; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for travel- ing expenses outside of his own township, for the service ox a warrant of arrest or any other process in a criminal ease (where such service is in fact made) both going and returning ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or otiier service of process, five cents per mile; for transporting prisoners to the county jail, a constable shall be allowed his actual expenses each way. In addition to the monthly salary allowed him herein, each con- stable shall receive for his own use, iu civil cases, the fees which are now or may hereafter be allowed by law. The compensations herein provided for justices of the peace and con- stables shall take effect and be in force on and after the first Monday in April, nineteen hundred and three. 16. The official reporter of the superior court shall receive the fees allowed by law. 17. The compensation allowed each officer above enumerated shall be in full for all services, and include the pay of all deputies (except in the case of the district attorney wherein one deputy is provided for within, the discretion of the board of supervisors) except as provided iu section two hundred and fifteen of the county government act, approved eighteen hundred and ninety-seven, wherein it provides certain fees and commis- sions for the assessor and license collector. [Amended March 20, 1905. Stats." 1905, p. 547. In effect January 1, 1907, unless otherwise provided.] § 171. In counties of the fourteenth class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries and fees, to wit: 1. The county clerk, two thousand seven hundred dollars per annum. In counties of this class there shall be and there is hereby allowed to the county clerk for his own use and to be paid out of the county treasury monthly in the same manner as salaries of other county officers are paid, the sum of five cents for the name of each defendant entered in the index labeled "general index-defendants" as provided in subdivision four of section four thousand two hundred four of the Political Code and in sub- division four of section one hundred seven of an act entitled "An act to establish a uniform system of county and township governments" ap- proved April first, one thousand eight hundred ninety-seven, as amended March twenty-third, one thousand nine hundred one; and the further sum of five cents for each document recorded by said county clerk under the provisions of section one thousand three hundred eighty-seven of the Code of Civil Procedure; and the further sum of five cents for each name con- tained in the index of registration books, to be prepared by said clerk, under the provisions of section one thousand one hundred fifteen of the Political Code of the State of California. Act 837, § 171 GENERAL LAWS. 202 2. The sheriff, four thousand dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage for service of any papers issued by any court outside of his county, 3. The recorder, two thousand one hundred dollars per annum. 4. The auditor, two thousand tTvo hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector and license collector, two thousand two hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand seven hundred dollars per annum, and his traveling, office and other expenses in criminal matters and cases, and in civil actions, proceedings and all other matters in which the county is interested incurred by him in the performance of his duties; and all the expenses incurred by him in the detection of crime and prosecu- tion of criminal cases and in civil actions and proceedings and all other matters in which the county is interested. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand one 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. The justices of the peace, such fees as are now or may be here- after allowed by law. 14. Each member of the board of supervisors, six hundred dollars per annum and ten cents per mile mileage in traveling to and from his resi- dence to the county seat; and for his services as road commissioner he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties within the couuty; provided he shall not in any one year receive more than six hundred dollars as such road commissioner. 15. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto they shall receive three dollars per day for attending court when required to do so during the actual trial of the issues of fact of a case, or during the examination of a criminal charge before a magistrate while the evidence is being taken and not otherwise; pro- vided, that no more than three dollars shall be charged or received for any one day, and provided further that when the constable is required to attend upon the trial of more than one civil case on the same day his fees for attendance shall be equally apportioned to the several cases. Constables may also, by first obtaining an order of the district attorney of this county, or of a superior judge of this state, employ a temporary guard for the safekeeping or protection of prisoners when necessary, and shall be entitled to collect the actual, reasonable cost thereof as a county charge. [Amendment approved March 21, 1905. Stats. 1905, p. 670. In effect in sixty days.] 203 COUNTY GOVERNMENT. Act 837, § 172 § 172. In counties of the fifteenth class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, thirty-two hundred and fifty dollars per annum. 2. The sheriff, four thousand dollars per annum; and such mileage as is now allowed by law and also all fees for service of papers in actions aris- ing outside of his county. 3. The recorder, fifteen hundred dollars per annum, and four and one- half cents per folio for every instrument of any character transcribed bj-- him or his deputies, which said amount shall be paid out of the county treasury, and which payment shall be in full for all services, including indexing. 4. The auditor, two thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The superior judge, three thousand five hundred dollars per annum. S. The assessor, thirty-five hundred dollars per annum; provided, that in counties of this class there shall be seven field deputy assessors, who shall be appointed by the assessor of said county, and who shall hold ofiiee from twelve o'clock meridian from the first Monday in March of each year up to twelve o'clock meridian of the first Monday of July of each year; the salaries of each of said seven deputy assessors herein provided for is fixed at the sum of one hundred dollars per month, to include horse hire and traveling expenses for each month during which they hold office as herein provided, which said salaries shall be paid by said county at the same time and in the same manner and out of the same fund as the salary of the assessor; provided, that all commissions shall be paid into the county treasury. 9. The district attorney, twenty-five hundred dollars per annum. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, twenty-two hundred and fifty dol- lars per annum, and actual traveling expenses when visiting the schools of the county, and keep his office open on all business days. 13. The surveyor, eight dollars per day while actually employed by the county. 14. Justices of the peace shall receive the following monthly salaries, to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than eight thousand, seventy-five dollars per month; in townships having a population of less than eight thousand and more than five thousand, fifty dollars per month; in townships having a population of less than five thou- sand and more than two thousand, twenty-five dollars per month; in town- ships having a population of less than two thousand, ten dollars per month. In addition to the compensation received in criminal cases, each justice of the peace shall receive and retain for his own use such fees as are now Act 837, § 173 GENERAL LAWS. 204 or may hereafter be allowed by law for all services performed by him in civil actions. 15. Constables shall receive the following monthly salaries to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than eight thou- sand, seventy-five dollars per month; in townships having a population of less than eight thousand and more than five thousand, fifty dollars per month; in townships having a population of less than five thousand and more than two thousand, twenty-five dollars per month; in tovv'nships liaving a population of less than two thousand, ten dollars per month; provided, that each constable shall receive his actual and necessary ex- penses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cjfises, each constable shall receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. 16. Supervisors, five hundred dollars each per annum, and mileage at the rate of ten cents per mile in going to and coming from the place of meeting of the board, not more than four board meetings per month; and as road commissioner, four dollars per day, not to exceed four hundred dollars per year in the aggregate. 17. For the purposes of subdivisions 14 and 15 of this section, the popu- lation of the several judicial townships shall be ascertained by the board of supervisors by multiplying by five the vote for presidential electors cast in each township at the next preceding election. [Amendment ap- proved March 20, 1905. Stats. 1905, p. 430. In effect in sixty days.] §173. In counties of the sixteenth class the county and township officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum. The sheriff shall also receive, in all civil cases, for his own use and benefit, the fees, com- missions and mileage, which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers what- soever issued by any court of the state outside of his county. 3. The recorder, twenty-nine hundred dollars per annum. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, eighteen hundred dollars per annum; provided, that he shall have power to appoint one assistant district attorney at a salary of one thousand dollars per annum, payable in the same manner as that of other county officers. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county; 205 COUNTY GOVERNMENT. Act 837, § 173 but he shall receive no extra compensation for his services on the boafd of education. 12. The surveyor shall receive one thousand three hundred dollars per annum for all work performed for the county and, in addition thereto, actual traveling and other necessary expenses incurred in connection with field v>'ork; provided that whenever the surveyor is directed by the assessor to plat, trace or otherwise prepare maps or plats, he be allowed only the actual cost of preparing the same. 13. The justices of the peace shall receive the following monthly sal- aries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and all other criminal^ matters. In townships having a population of five thousand or more, sixty-five dollars per month; in townships having a I opulation of twenty-five hundred and less than five thousand, fifty dol- lars per month; in townships having a population of fifteen hundred and less than twenty-five hundred, forty dollars per month; in townships hav- ing a population of one thousand and less than fifteen hundred, thirty dollars per month; in townships having a population of seven hundred and less than one thousand, twenty dollars per month; and in townships Jiaving a population of less than seven hundred, fifteen dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as are now or may be here- after allowed by law for all services performed by him in civil actions. There shall be two justices of the peace in each such township contain- ing a population of five thousand or more and in each such township con- taining a population of less than five thousand, there shall be one justice of the peace. 14. Constables shall receive the following salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and in all other crim- inal matters: In townships having a population of five thousand or more, fift}'^ dollars per month; in townships having a population of twenty-five hundred and less than five thousand, forty dollars per month; in town- ships having a population of fifteen hundred and less than twenty-five hundred, thirty dollars per month; in townships having a population of one thousand and less than fifteen hundred, twenty-five dollars per month; in townships having a population of seven hundred and less than one thousand, twenty dollars per month; and in townships having a population of less than seven hundred, fifteen dollars per month; provided that, in addiHon to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own town- ship, for the service of a warrant of arrest or anj^ other process in a criminal case or other criminal matter (when such service is, in fact, made) both going and returning, ten cents per mile; for each mile trav- eled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile and for transporting pris- oners to the county jail, ten cents a mile each way. In addition to the monthly salary allowed him herein, each constable may receive for his Act 837, § 174 GENERAL LAWS. 206 own use in civil cases, the feesi which are now or may hereafter be allowed, by law. 15. The supervisors, each the sum of five dollars per day for actual service, (but not to exceed six hundred dollars per annum) and twenty cents per mile for all distances actualiy traveled, not to exceed two hun- dred dollars per annum in the performance of their duties as road com- missioners, together with mileage at the rate of twenty cents per mile, in going only, from place of residence to the county seat at each session of the board. 16. For the purposes of subdivisions thirteen and fourteen of this sec- tion the population of the several judicial townships shall be ascertained and determined by the board of supervisors by mj^iltiplying by five the vote cast for presidential electors in each township at the next preceding election therefor. [Amendment approved March 4, 1907. Stats. 1907, p. 93. In effect immediately.] §174. In counties of the seventeenth class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices, th« following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the following deputies, who shall be appointed by the county clerk and shall be paid salaries as follows: One chief deputy, at a salary of one hundred dollars per month; one courtroom clerk, at a salary of one hundred dollars per month. The salaries of the chief deputy and courtroom clerk herein provided for shall be paid by said county in monthly installments, at the same time and in the same m.anner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, six thousand i ullars per annum. 3. The recorder, twenty-eight hundred dollars per annum; provided, that in counties of this class there shall be and is herelsy allowed to the recorder a deputy, who shall be appointed by the said recorder, and who shall be paid the following salary, to wit: ninety dollars per month, said salary to be paid by said county in m.onthly installments, at the same time and in the same manner and out of the same fund as the salary of the recorder is paid. 4. The auditor, twenty-two hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the county auditor one deputy, who shall be appointed by the county auditor and pnid a salary of ninety dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county auditor is paid. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, twenty-five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the assessor two deputies, for a period of four months during each fiscal year, who shall be appointed by said assessor, ajid be paid a salary of seventy-five dollars per month, said salary to be paid by said county in monthly installments, 207 COUNTY GOVERNMENT. Act 837, § 174 at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. 8. The district attorney, two thousand five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the district attorney a deputy, who shall be appointed by said district attorney, and who shall be paid the following salary, to wit: Fifty dol- lars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the district attorney is paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his.count3\ 12. The county surveyor shall receive twelve hundred dollars per annum and necpssary costs of transportation to and from, and necessary expense in the field while engaged on public work. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that in townships having a population of over six thousand, as shown by the United States census of nineteen hundred, in lieu of fees in criminal cases, and in full compensation for all services rendered in criminal cases, justices of the peace shall receive a salary of ninety dollars per month, payable at the same time and in the same man- ner as the salary of other county officers. 14. Constables, such fees as are now or may be hereafter allowed by law; provided, that in townships having a population of over six thousand, as shown by the United States census of nineteen hundred, in lieu of fees in criminal cases and in full compensation of all services rendered in crim- inal cases, constables shall receive a salary of seventy-five dollars per month, payable at the same time and in the same manner as salaries of other county officers; provided further, that in addition to the monthly salary herein allowed, constables of townships of over six thousand in- habitants shall also be allowed all necessary expense actually incurred outside of their townships, in pursuing and conveying prisoners to court or to prison, and said expense shall be audited and allowed by board of supervisors and paid out of the county treasury. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; and as road commissioner, four dollars per day, not to exceed two hundred dollars per annum in the aggregate. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when 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 audited and allowed by the board of supervisors as other claims against the county, and paid out Act 837, § 175 GENERAL LAWS. 208 of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 20, 1905. Stats. 1905, p. 313. In eflfect in sixty days.] § 175. In counties of the eighteenth class, the county officers shall receive as compensation for the services required of them by law or by virtue of their office the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, six thousand five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him at the rate of ten cents per mile for every mile necessarily travekd in the pei;formance of such duty. 3. The recorder, two thousand dollars per annum, and six cents per folio for every instrument of any character transcribed by him or his deputies, which said amount shall be paid by the county treasurer out of the county treasury. 4. The auditor, three thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand six hundred dollars per annum; provided', that as such tax collector or as ex officio license collector he shall not have or receive any compensation for or percentage upon the collection of any license. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per annum. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be here- after allowed by law. 11. The superintendent of schools, one thousand eight hundred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy at a salary of one thousand two hundred dollars per annum. 12. The surveyor, such fees as are now, or may hereafter be allowed by law. 13. Justices of the peace shall receive the following monthly salaries to be paid each month as salaries of county officers are paid, which shall be in full compensation for all services rendered as hereinafter provided: In townships having a population of three thousand or more, eighty-five dollars per mouth, which said salary shall be in full compensation for all services rendered by said justices of the peace in both civil and criminal cases, and all such fees as are allowed by law in civil ca'^es shall be paid by said justices of the peace into the county treasury, as the fees of county officers are paid in. In townships having a population of not less than two thousand and under three thousand, thirty dollars per month, which shall be in full com- pensation for all services rendered in criuiinal cases. In addition to the abo'/e salary each justice of the peace shall collect and retain for his own use and benefit in civil eases, such fees as are now or may be hereafter allowed by law. 209 COUNTY GOVERNMENT. Act 837, § 175 In tovv'nships having a population of not less than one thousand and under two thousand, twenty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be here- after allowed by law. In townships having a population of less than one thousanil, fifteen dol- lars per month, which shall be in full compensation for all services ren- dered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by' law. 14. Constables shall receive the following monthly salaries, to be paid each month as salaries of county otReers are paid, which shall be in full compensation for all services rendered by them in criminal cases: In townships having a population of more than three thousand, fifty dollars per month. In addition to the monthly salary allow^ed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. In townships having a population of not less than two thousand and under three thousand, forty dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed in civil cases. In townships having a population of not less than one thousand and under two thousand, twenty-five dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil cases. In townships having a population of less than one thousand, ten dollars per month. In addition to the monthly salary allowed herein, each con- stable may collect and retain for his own use such fees as are now or may be hereafter allowed bj- law for all services performed in civil cases. In addition to the monthly salary allowed herein, each constable shall also be allowed ten cents per mile for each mile necessarily traveled in the execution of all criminal process, and all expenses necessarily and actually incurred by him in transporting prisoners to court and to prison. 15. It shall be the duty of each and every constable and justice of the peace to file, on or before the first Monday of each and every month, a full and complete statement, showing all business both civil and criminal done during the preceding month with the board of supervisors, and sh-11 file same on or before said date above mentioned with the clerk of said board. The statement of the constables shall contain a full and correct account of all process served in both civil and criminal actions, also in criminal cases places where defendants were arrested, together with the mileage. And justices of the peace shall file a full and correct state- ment of all civil and criminal actions and fees received therefrom. Said statements to be sworn to either before the county clerk or some officer allowed by law to administer oaths. Gen. Laws — 14 Act 837, §176 GENERAL LAWS, 210 16. The board of supervisors shall determine the population of each township for the purpose of fixing the salary of the township officers afore- said. 17. The provisions of section one hundred and seventy-five shall be in force from and after the passage of this act. 18. Each supervisor, $1,000 per annum for personal services performed by him as supervisor, member of the board of equalization and road commissioner. Each supervisor shall also receive his actual and necessary traveling expenses incurred in performing any of the duties of his office, to be allowed by the board of supervisors and paid out of the county general fund; provided, that the amount so allowed him for such expenses shall not exceed $40 for any one month. 19. No fees shall be allowed the sheriff or tax collector for collecting licenses in counties of this class. [Amendment approved March 20, 1905. Stats. 1905, p. 482. In effect immediately.] § 176. In counties of the nineteenth 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, thirty-two hundred and fifty dollars per annum; provided that in counties of this class there shall be one deputy county clerk, who shall be appointed by the county clerk, and paid a salary of seventy-five dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county clerk is paid. li/j- A registration clerk to be appointed by the county clerk and to hold office during the pleasure of the county clerk, at a salary of seventy- five dollars per month, payable out of the same fund and in the same manner as the salary of other county officers are paid. 2. The sheriff, five thousand dollars per annum, and such mileage as is now allowed by law; all expenses incurred in criminal cases, and also all fees for services of papers in actions arising outside of his county and the sum of thirty-seven and one half cents per day, for feeding each prisoner committed to his custody; and one deputy sheriff to act as jailer, shall be appointed by the sheriff, and be paid a salary of fifty dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the sheriff is paid. 3. The recorder, thirty-two hundred and fifty dollars per annum, and ten cents per name for inserting each name (as grantor or grantee), in the general index; and ten cents for each and every mortgage, trust-deed and tax sale abstracted in preparing abstract of mortgage and tax sales for the assessor; the cost thereof shall be a charge against the county and payable out of the general fund. 4. The auditor, two thousand four hundred dollars per annum. The county auditor shall charge and collect for the clerical service of making estimates of tax sales provided for in section 3817 of the Political Code, the sum of twenty-five cents for each tax sale. If the property is delinquent for two years or less, the sum of fifty cents for each sale if the property is delinquent for more than two years. 211 COUNTY GOVERNMENT. Act 837, § 176 If said estimates are returned to the auditor and redemption made within ten days from date of issue and prior to the charge of penalty, as provided for in section number 3817 of the Political Code, the amount charged for making said estimates shall be refunded to the redemptionev. If the redemption is not made as herein provided then the sum charged for making the estimate shall be retained by said auditor for his services of making said estimates. 5. The treasurer, eighteen hundred dollars per annum; provided, that in counties of this class there shall be one deputy treasurer, who shall be appointed by the treasurer, and paid a salary of sixty-five dollars per month; said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the treasurer is paid; provided that a bond of the treasurer shall be executed with a reliable bond and security company, and that the cost of said bond, when duly approved, shall be a charge against the county and payable out of the geueral fund. 6. The tax collector, eighteen hundred dollars per annum, and as license tax collector, ten per cent, of all licerscs collected; provided, that in counties of this class there shall be one deputy tax collector, who shall be appointed by the tax collector, and paid a salary of sixty-five dollars per month, said salary to be paid by the said county in monthly install- ments, at the same time and in the same manner and out of the same fund as the salary of the tax collector is paid. 7. The district attorney, twenty-five hundred dollars per annum; pro- vided, that in counties of this class there shull be one deputy district attorney, who shall be appointed by the district attorney, and paid a salary of one hundred dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the district attorney is paid. 8. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling ex^^enses when visiting the schools of his county; provided, that in counties of this class there shall be one deputy superin- tendent of schools, who shall be appointed by the superintendent of schools, and paid a salary of seventy-five dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the superintendent of schools is paid. 9. The assessor, thirty-two hundred and fifty dollars per annum; pro- vided', that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor, to hold office during the months of March, April, May, and June, in each year, and be paid a salary of seventy-five dollars per month, during said four months, said salary to be paid by the said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. Act 837, § 176 GENERAL LAWS. 212 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as the salaries of county officers are paid, whieu shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand or more, one hundred dollars a month; in townships having a population of twenty-five hundred and less than three thousand, fifty dollars a month; in townships having a population of two thousand and less than twenty-five hundred, forty- five dollars a month; in townships having a population of twelve hundred and less than two thousand, forty dollars a month; in townships having a population of one thousand and less than twelve hundred, 'twenty dollars a month; in townships having a population of four hundred and fifty, and less than one thousand, fifteen dollars a month; in townships having a population of less than four hundred and fifty, five dollars a month. Each justice must pay into the county, once a month, all fines collected by him in criminal cases, and the auditor must withhold warrants for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his own use in civil cases the fees allowed by law. For all services appertaining to the coroner's office which the coroner is unable to attend to, the justice of the peace shall receive the same fees as are allowed the coroner in similar cases. 14. Constables shall receive the following salaries to be 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 popu- lation of three thousand or more, one hundred dollars a month; in town- ships having a population of twenty-five hundred and less than three thousand, eighty dollars a month; in townships having a population of two thousand and less than twenty-five hundred, seventy-seven and one-half dollars a month; in townships having a population of twelve hundred and less than two thousand, seventy-five dollars a month; in townships having a population of one thousand and less than twelve hundred, thirty-five dollars a month; in townships having a population of four hundred and fifty and less than one thousand, twenty-five dollars a month; in town- ships having a population of less than four hundred and fifty, five dollars a month; provided further, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for travel- ing expenses outside of his township, for service of a warrant of arrest or any other paper in a criminal case, such fees as are now or may be hereafter allowed by law. For transporting prisoners to the county yd\l, the actual expense of such transi^ortation. In addition to the montMy salaries allowed him herein, each constable may receive for his own use. in civil cases the fees allowed by law. 1.5. The population of the several judicial townships, for the purpose of fixing the compensation of township officers, shall be ascertained and declared by the board of supervisors on the first Monday after the first day of January, nineteen hundred and three, and on the first Monday after the first day of January every succeeding two years thereafter. 213 COUNTY GOVERN.MENT. Act 837, § 177 16. Each member of the board of supervisors, nine hundred dolhirs per annum: And as road commissioner, three hundred dollars per annum. 17. Grand jurors or trial jurors in criminal cases in the superior court shall receive, as compensation for each day's attendance, per day, three dollars; and for each mile actually traveled, in attending court as a grand juror or juror in a criminal case, in the superior court in going only, per mile, fifteen cents. The county clerk shall certify to the auditor the number of days attendance and the number of miles trav- eled by each juror, and the auditor shall draw his warrant for the amount to which each juror is entitled, and the treasurer Fhall pay the same. [Amendment approved March 20, 1905. Stats. 1905, p. 352. In effect in sixty days.] §177. In counties of the twentieth class, county officers shall receive as compensation for the services required of them lay law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand two hundred dollars per annum; provided, that in years when a great register is ordered the county clerk shall receive in addition to his regular salary the sura of five hundred dollars for such service. 2. The sheriiJ, forty-three hundred dollars per annum, and all commis- sions, fees and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, twelve hundred dollars per annum, and six cents per folio for every instrument of any character transcribed by him or his deputies, and five cents for each name indexed, which said amount shall be paid out of the county treasury, and which payment shall be in full for all services, including the recording of mining claims. 4. The auditor, two thousand t"wo hundred dollars per annum. The county auditor shall charge and collect for the clerical labor of making estimates of tax sales, provided for in section thirty-eight hundred and seventeen of the Political Code, the sum of twenty-five cents for each tax sale, if the property is delinquent for two years or less; and the sum of fifty cents for each sale if said property is delinquent for more than two years. If said estimates are returned to the auditor and re- demption made within twenty days from the date of issue and prior to the charge of penalties as provided in section thirty-eight hundred and seventeen of the Political Code, the amounts charged for making said estimates shall be refunded to the redemptioner; if redemption is not made as herein provided, then the sums charged for making the esti- mates shall be retained by the auditor for his services of making said estimates. 5. The treasurer, eighteen hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer one deputy, to be appointed by him, who shall receive from the county a salary of forty dollars ($10) per month, to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the treasurer. 6. The tax collector, twenty-five hundred dollars per annum. Act 837, § 177 GENERAL LAWS. 214 7. The assessor, forty-eight hundred dollars per annum, which shall be hi full for all work in his office and for his field deputies. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now, or may be here- after allowed by law. 11. The superintendent of schools, two thousand dollars per annum. His office shall be kept open on all business days from 9 A. M. to 5 P. M. He shall be allowed his actual traveling expenses when visiting the schools of his county, provided that in counties of this class there shall be and there hereby is allowed to the county school superintendent of schools, one deputy to be appointed by him who shall receive from the county a salary of eighty-five dollars ($85) per month, to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the superintendent of schools. 12. The surveyor, fifteen hundred dollars per annum, and in addition thereto all necessary expenses and transportation on work performed in the field; provided, that in counties of this class, when the board of supervisors order a new set of assessors maps made, there shall be and there hereby is allowed to the surveyor, for such purpose, three draughts- men, who shall be appointed by the surveyor of said county and sliall be paid salaries as follows: One draughtsman at a salary of eighty dol- lars ($80) per month; two draughtsmen at a salary of seventy-five dollars ($75) per month each. The salaries of the draughtsmen, herein provided for, shall be paid in monthly installments at the same time and in the same manner and out of the same fund as the salary of the ' surveyor. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of eight thousand or more, seventy-five dollars per month; in townships having a population of six thousand and less than eight thousand, fifty dollars per month; in townships having a population of four thousand and less than six thousand, twenty-five dollars per month; in townships having a population of two thousand and less than four thousand, fifteen dollars per month; in townships having a population of one thousand and less than two thousand, ten dollars per month; in townships having a population of less than one thousand, five dollars per month; provided, that in all townships hav- ing an area equal to or exceeding one thousand square miles, such sal- ary shall not be less than fifty dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him in criminal cases, and the auditor shall withhold warrant for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his own 215 COUNTY GOVERNMENT. Act 837, § 177 use in civil cases the fees allowed by law. For all services appertaining to the coroner's office which the coroner is unable to attend to, the jus- tice of the peace shall receive the same fees as are allowed the coroner in similar ra?cs. 14. Constables .shall receive the follownng monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of eight thousand or more, seventy-five dollars a month; in townships having a population of six tliousand and less than eight thousand, fifty dollars a month; in townships having a population of four thousand and less than six thousand, twenty-five dollars a montli; in townships having a population of two thousand and less than four thousand, fifteen dollars a month; in townships having a population of one thousand, and less than two thousand, ten dollars a month; in town- ships having a population of less than one thousand, five dollars a month; provided that in all townships having an area equal to or exceeding one thousand square miles, such salary shall not be less than fifty dollars per month; provided further, that in addition to the salary herein al- lowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for service of a warrant of arrest or any other paper in a criminal case, both going and returning, ten cents per mile; for each mile traveled out of his county, both going and returning from the place of arrest or other service, five cents per mile. For transporting prisoners to the county jail, the actual cost of such transportation. In addition to the monthly salary allowed him herein, each constable shall receive for his own use in civil cases the fees allowed by law. 15. The population of the several townships shall be determined by the last United States census, and in case townships are formed after the taking of the census, then the population shall be determined by multi- plj'ing the vote for presidential electors cast in such township at the last preceding general election by five. 16. Each supervisor, five hundred dollars per annum, and fifteen cents per mile one way for traveling from his residence to the county seat; provided, that not more than four mileages shall be allowed in any one month. When serving as road commissioner, such fees as are now or may be hereafter allowed by law. 17. In counties of this class the official reporter of the superior court shall receive as full compensation for taking notes in civil and criminal cases tried in said court, and for taking notes of the proceedings and testimony at all coroner's inquests in the county, when requested by the coroner, and for taking notes of the testimony and proceedings in all examinations before committing magistrates, when requested by the dis- trict attorney, a monthly salary of one hundred dollars ($100) payable out of the count}'' treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes when required he shall receive the sum of five cents per folio for the original and five cents per folio for copy, said compensation for tran- Act 837, §§ 1771/2, 178 GENERAL LAWa. 216 scription in criminal cases, coroner's inquests and preliminary examina- tions to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or when ordered by the judge by either party, or jointly by both parties, as the court may direct. When necessary for such reporter to travel away from the county 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 the other county charges. [Amendment approved March 20, 1905. Stats. 1905, p. 301. In effect in sixty days.] § Y71V2- In counties of the twentieth class the treasurer may appoint one deputy, who shall receive from the county a salary of forty dollars ($40) per month, to be paid by such county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the treasurer. [New section added March 16, 1903. Stats. 1903, p. 156. In effect immediately.] § 178. In counties of the twenty-first class county officers shall re- ceive, as compensation for the services required of them by law or by virtxie of their .officers, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a great register of votes is ordered he shall receive six hundred and fifty dollars additional, which shall be in full for all services rendered in registering votes and making the great register. 2. The sheriff, six thousand dollars per annum. The sheriff shall also receive for his own use, for serving all papers issued from justices' courts, the same fees as are now or may be hereafter allowed by law to constables for like service. 3. The recorder, three thousand two hundred dollars per annum. 4. The auditor, eight hundred dollars per annum. 5. The treasurer, two thousand five hundred dollars per annum. 6. The tax collector, six hundred and fifty dollars per annum. 7. The assessor, five thousand five hundred dollars per annum. 8. The district attorney, two thousand five hundred dollars per an- num; and the district attorney may appoint one deputy, which office is hereby created, at a salary of six hundred dollars per annum. The deputy district attorney to hold office at the pleasure of the district at- torney. The salary of such deputy to be paid monthly and in the same manner as salaries of county officers are now paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, four hundred dollars per annum. 11. The superintendent of schools, two thousand dollars per annum; provided, if he shall engage in any other occupation during his term of office his salary shall only be six hundred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Each member of the board of supervisors shall receive for his services the sum of nine hundred dollars per annum, and twenty cents 217 COUNTY GOVERNMENT. Act 837, § 179 per mile in traveling to and from his residence to the county scat; pro- vided, that no more than one mileage at any one term of the board shall be allowed, and that one-fourth of the annual salary shall be paid at the close of each quarterly session of the board. 14. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that justices of the peace of townships con- taining four thousand five hundred inhabitants or more shall be allowed a salary of six hundred dollars per annum, payable monthly and in the same manner as salaries of county officers are paid, and shall be in full for all services rendered by him in criminal cases; provided, further, that justices of the peace shall, before receiving their monthly salary, file with the auditor a statement of all fines received, together with the treasurer's receipt for same. All fines collected by justices of the peace shall be turned over to the county treasurer of said county within ten days after receipt of same; provided, that all fines collected for city offenses shall be turned over to the city treasurer of the city where the offense shall have been committed. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use such fees as are now or may be hereafter allowed by law, for all services rendered by him in civil actions. 15. Constables, such fees as are now or may be hereafter allowed by law; provided, that constables of townships containing two thousand inhabitants or more shall be allowed a salary of four hundred and eighty dollars per annum, payable monthly and in the same manner as county officers are paid, and shall be in full for all services rendered by them in criminal cases; provided, further, that they shall be allowed all necessary expenses actually incurred in arresting and conveying prisoners to the county jail which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. In addi- tion to the monthly salary herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. For the purpose of regulating salaries of justices and constables, townships in this class of counties are hereby classified according to their popula- tion as shown by the federal census of one thousand nine hundred. 16. In counties of this class the official reporter of the superior court shall receive such fees as are now or may be hereafter allowed by law, and when necessary for such reporter to travel away from the county seat in the 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. [Amendment approved March 20, 1905. Stats, 1905, p. 361. In effect immediately.] § 179. In counties of the twenty-second 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 new great register of voters is ordered, he shall receive three hundred Act 837, § 179 GENERAL LAWS. 218 dollars additional, which shall be in full for all services required in reg- istering voters and making the great register. 2. The sheriff, fifty-one hundred dollars per annum, which includes the fifteen hundred dollars heretofore allowed the under-sheriff. He shall also have for his own use all fees for service of all papers served by him and issued without his county. The said fifty-one hundred dollars to be in full of all fees or percentages as license collector. 3. The recorder, thirty-two hundred dollars per annum, in full of all services, including filing and recording mining and other location notices. 4. The auditor, twelve hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per aunum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twelve hundred dollars per annum, and he is hereby allowed in addition thereto ten deputies, to be appointed by him, who shall each receive four dollars per day for not exceeding three months in any calendar year, while engaged in the performance of their duties; provided, that the amount paid for services of deputy assessors shall not exceed twenty-four hundred dollars in any one year. 8. The district attorney, twenty-one hundred dollars per annum, and he is hereby allowed in addition thereto one deputy appointed by him, who shall receive 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 here- after allowed by law. 11. The superintendent of schools, eighteen hundred dollars per an- num, and necessary expenses 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. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of nineteen hundred, as follows: Townships having a population of three thousand or more shall belong to and be known as townships of the first class; townships having a population of two thousand and less than three thousand, shall belong to and be known as townships of the second class; townships having a ])opulation of one thousand six hundred and less than two thousand shall belong to and be known as townships of the third class; and townships having a population of less than one thousand six hundred shall belong to and be known as townships of the fourth class. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of countj^ officers are paid, out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, eighty-five dollars per month; in town- ships of the second class, seventy-five dollars per month; in townships 219 COUNTY GOVERNMENT. Act 837, § 179 of the third class, twenty dollars per month; and in townships of the fourth class ten dollars per month. In addition to the monthly salaries herein allowed for services in rriminal actions, cases and examinations, each justice of the peace may, for his own use, collect the following fees, and no other, in civil ac- tions: Each justice of the peace shall be allowed, in civil actions before him, for all services to be performed by him before trial, three dollars; and for the trial, and all proceedings subsequent thereto, including all affi- davits, swearing of witnesses and jury, and the entry of judgment and issue of execution thereon, four dollars; and fifteen cents for each hour actually engaged in such trial after the expiration of eight hours; and in all cases where judgment is rendered by default or confession, for all services, including execution and satisfaction of judgment, three dol- lars. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search-warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage and returning a certificate thereof to the county recorder, three dollars. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twenty-five cents. For taking depositions, per folio, fifteen cents. For all services connected with the posting of estrays, one dollar. In eases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought for all services rendered, including the making up and transmission of the tran- script and papers, shall receive three dollars; and the justice of the peace before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order or paper required by law to be issued, not otherwise provided for, twenty-five cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For administering oath or affirmation not otherwise herein provided for, twenty-five cents. For taking and approving bond or undertaking, including the justifica- tion of sureties, fifty cents. 14. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid, out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars per month; in townships of the second class, seventy-five dollars per month; in town- Act 837, § 179 GENERAL. LAWS. ^ 220 ships of the third class, twenty dollars per month, and in townships of the fourth class, ten dollars per month. In addition to the monthly salaries herein allovt^ed for services in criminal actions, cases and pro- ceedings, each constable shall also be allowed all necessary expenses actually and properly incurred, in arresting and conveying prisoners to court or to prison, and also all necessary expenses actually incurred in the transportation of prisoners from prison to court, and the return of said prisoners to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming, in the service of subpoenas, in criminal cases, per mile, ten cents; which said expenses and mileage shall be audited and allowed by the board of supervisors as other claims against the county are audited and allowed, and shall be paid out of the county treasury. In addition to the monthly salaries herein allowed for services in criminal actions and cases, each constable may, for his own use, collect the following fees, and no others, in civil actions: For serving summons and complaint, for each defendant served, fifty cents. For each copy of summons for service, when actiially made by him, twenty-five cents. For levying writ of attachment or execution, or executing order of arrest, or for the delivery of personal propertj-, one dollar. For serving writ of attachment or execution on any ship, boat, or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than one dollar and fifty cents per day shall be allowed for a keeper when necessarily employed. For taking bond or undertaking, fifty cents. For copies of writ and other papers, except summons, complaint, and subpoenas, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies. For serving any writ, notice, or order, except summons, complaint, and subpoenas, for each person served, fifty cents. For writing and posting each notice of sale of property, fifty cents. For furnishing notice for publication, twenty-five cents. For serving subpoenas, each witness, including copy, twenty-five cents. For collecting money on execution, one and one-half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering constable's deed, one dollar and fifty cents. For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actione, in going only, per mile, twenty-five cents. For traveling outside of his township to serve such writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; pro- vided, that a constable shall not be required to travel outside of his townsliip to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid, in criminal or civil cases. 221 COUNTY GOVERNMENT. Act 837, § 179 For each day's attendance in court, in civil cases, three dollars per day. For executing a search-warrant, two dollars; and for each mile neces- sarily traveled within his county in executing a search warrant, both in going and returning from place of search, fifteen cents; said fee and mileage to be paid by the party demanding the search. For summoning a jury, in civil cases, two dollars, including mileage. For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for making or collecting the money on execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the sum herein directed to be paid. County officers must, and township officers may, demand the payment of all fees in advance. Justices of the peace shall, on or before the first Monday of each month, pay into the county treasury all moneys collected by them on fines imposed and collected^ and all moneys belonging to the county coming from any source. The board of supervisors shall, within sixty days after the passage of this act, establish by ordinance, according to the provisions of sub- divisions thirteen and fourteen of section twenty-six, the population of the various townships of this class of counties. 15. Each member of the board of supervisors, five hundred dollars per annum and ten cents per mile, one way, between residence and county seat, in attending upon all regular, special or adjourned meetings of the board of supervisors; provided, that the chairman of the board of super- visors may receive twenty-five cents per mile, one way, between resi- dence and the county seat, when attending at the county seat for the single purpose of counting the money in the county treasury, as required by law. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and crim- inal cases tried in said court, and for preliminary examinations in jus- tices' courts, a monthly salary of seventy-five dollars, payable out of the county treasury, at the same time and in the same manner as the sal- aries of county officers; and for transcription of said notes, when re- quired, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; where the reporter is reqiiired to transcribe the whole, or any part of his notes from day to day as the trial progresses, he shall receive, in addition to said sums hereinbefore provided, the further sum of five cents per folio for the original, and two and one-half cents per folio for the copy. Said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties as the court may direct; provided, that where the services of the official reporter are required, in each civil case, the sura of ten Act 837, § 180 GENERAL LAWS. 2*22 dollars per diem, for each day of the trial thereof, shall be paid to the clerk of the court, in advance, one-half by each party, or in such other proportion as the court may direct; all per diem fees so collected shall be paid by the clerk into the treasury of the county. The portion of per diem fees in each case, which were paid by the prevailing party, shall be taxed and allowed as costs in the case; provided, also, that this act, so far as it relates to the ofScial reporter of the superior court in counties of this class, shall take effect immediately. [Amendment ap- proved March 23, 1901. Stats. 1901, p. 741. In effect 12 M. on first Mon- day after January 1, 1903.] § 180. In counties of the twenty-third class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk four thousand five hundred dollars per annum; provided, that in years when a great register is ordered, the county clerk shall receive in addition to his regular salary the sum of eight hundred dollars for such service. 2. The sheriff, six thousand dollars per annum. 3. The recorder, three thousand two hundred dollars per annum. 4. The auditor, one thousand five hundred dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, three thousand five hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. The as- sessor shall also be allowed the following deputies, to be appointed by him, viz.: One deputy for each bona fide increase of two hundred real estate statements made for assessment purposes over and above three thousand of such statements, and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hun- dred dollars, for the months of March, April, May and June of each year. The salary of said deputies to be paid in the same manner, and out of the same fund as the assessor, upon the presentation of a cer- tificate that services have been performed, and signed by the assessor. 8. The district attorney, twenty-four hundred dollars per annum; assistant district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, fifteen 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 $1200 per annum, and mileage when acting as road commissioner, 25 cents per mile one way; 223 COUNTY GOVERNMENT. Act ?3T, § 181 provided, the amount of mileage shall not exceed the sum of $300 in any one year. This subdivision of this section shall take effect and be in full force from and after the passage of this act. 16. Member [s] of the board of education, each the sum of five dollars per day for actual service, together with mileage at ten cents per mile. [Amendment approved March 20, 1905. Stats. 1905, p. 318. In effect in part immediately, and in part in sixty days.] § 181. In counties of the twenty-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 clerk, three thousand dollars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and his reasonable traveling expenses incurred in visiting schools of the county, to be fixed and allowed by the board of supervisors, not to ex- ceed the sum of five hundred dollars per annum; provided, he shall devote his entire time to the duties of said office. 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. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, five hundred dollars per annum, and mileage at the rate of twenty cents per mile from his home to and from the county seat. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and when requested by the district attorney, for preliminary examinations in justice's court, a monthly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for tran- scription 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 Act 837, §§ 183, 183 GENERAIi LAWS. 22-1 allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment ap- proved March 23, 1901. Stats. 1901, p. 746. In effect 12 M. on first Mon- day after January 1, 1903.] § 182. In counties of the twenty-fifth class the officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, five thousand five hundred dollars per annum. 3. The recorder, two thousand dollars per annum, and six cents for each folio recorded. Provided, that the six cents per folio for recording shall go into effect immediately. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, twenty-seven hundred dollars per annum. 6. The tax collector, two thousand dollars per annum, and one deputy, at nine hundred dollars per annum. 7. The assessor, four thousand dollars per annum, and one deputy, at a salary of nine hundred dollars per annum. 8. The district attorney, twenty-five hundred dollars per annum. 9. The coroner, such fees as are now or maj^ be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, one thousand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy, at nine hundred dollars per annum. 12. The surveyor shall receive one thousand five hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other necessary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace, or otherwise prepare maps, plats, or block book for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five hundred dollars per annum, and ten cents per mile for traveling from his residence to the county seat; provided, that not more than one mileage for one session of the board shall be allowed. For serving as road commissioner, two hundred dollars per annum. [Amendment approved March 20, 1905. Stats. 1905, p. 383. In effect in part immediately, and in part in sixty daj'^s.] § 183. In counties of the twenty-sixth class, the officers shall receive, as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: I 225 COUNTY GOVERNMENT. Act 837, § 183 1. The county clerk, five thousand dollars per annum, and twelve and a half cents for each elector registered. 2. The sheriff, seven thousand dollars per annum. He may retain for his own use the mileage and fees for the service of papers or process issued by any court of this state outside of his county. 3. The recorder, sixteen hundred dollars per annum, seven cents for each folio recorded, and five cents for each name indexed. 4. The auditor, two thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand dollars per annum. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per annum; provided, that he shall be disqualified from engaging in any cause or action to which the county or state is not a party. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum (which shall include his services as a member of the board of education), and his actual traveling expenses when visiting schools, not to exceed ten dollars per district. 12. The surveyor shall receive twelve hundred dollars per annum, and traveling and official expenses in the county. 13. Each supervisor, six dollars per day while in the service of the county, and thirty cents per mile for traveling from his residence to the county seat. 14. In counties of this class the township officers shall receive the following compensation, to wit: In townships having a population of six thousand, or more, justices of the peace shall receive a monthly salary of one hundred and twenty-five dollars per month, and constables a monthly salary of one hundred and twenty-five dollars per month; In townships having a population of three thousand, or more, and less than six thousand, justices of the peace shall receive a monthly salary of one hundred dollars per month, and constables a monthly salary of one hundred dollars per month; In townships having a population of eighteen hundred and forty-four, or more, and less than three thousand, justices of the peace shall re- ceive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars; In townships having a population of seventeen hundred and seventy- five, or more, and less than eighteen hundred and forty-four, justices of the peace shall receive a monthly salary of ten dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of seventeen hundred and sixty, or more, and less than seventeen hundred and seventy-five, justices of the peace shall receive a monthly salary of fifty dollars per month, and con- stables a monthly salary of seventy-five dollars per month; Gen. Laws — 15 Act 837, § 183 GENERAL LAW9. 226 In townships having a population of thirteen hundred and eighty, or more, and less than seventeen hundred and sixty, justices of the peace shall receive a monthly salary of ninety-five dollars per month, and con- stables a monthly salary of one hundred dollars per month; In townships having a population of eleven hundred and seventy-five, or more, and less than thirteen hundred and eighty, justices of the peace shall receive a monthly salary of eighty dollars per month, and con- stables a monthly salary of ninety dollars per month; In townships having a population of eight hundred and eighty, or more, and less than eleven hundred and seventy-five, justices of the peace shall receive a monthly salary of twenty dollars per month, and con- stables a monthly salary of thirty dollars per month; In townships having a population of seven hundred and eighty, or more, and less than eight hundred and eighty, justices of the peace shall receive a monthly salary of forty dollars per month, and constables a monthlj^ salary of fifty dollars per month; In townships having a population of seven hundred and sixty-five o^ more, and less than seven hundred and eighty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and forty, or more, and less than seven hundred and sixty-five, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and five, or more, and less than six hundred and forty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of five hundred and sixty, or more, and less than six hundred and five, justices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars per month; In townships having a population of two hundred and ten, or more, and less than five hundred and sixty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars; In townships having a population of less than two hundred and ten, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; • The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that each constable shall be allowed and paid out of the county treasury for transporting prisoners to the county jail the actual expense of such transportation; Said justices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. And provided, further, that for the purposes of this act, the population of the several townships shall be ascertained by multiplying the number of registered voters at the last preceding presidential election by five. 227 COUNTY GOVERNMENT. Act 837, § 184 The salaries of township officers as herein provided for shnll be paid in the same manner, at the same time, and out of the same funds, that county officers are paid. 15. The official reporter of the superior court shall receive, as full compensation in taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and fifty dollars, payable out of the county treasury at the same time and in the same manner and from the same fund as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of fifteen cents per folio for the original and five cents per folio for a copy; said 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 to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 16. All acts or parts of acts in conflict with this act are hereby re- pealed. [Ajnendment approved March 20, 1905. Stats. 1905, p. 385. In effect immediately.] § 184. In counties of the twenty-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, three thousand dollars per annum, and five hun- dred dollars additional per annum for compiling great register of the county. 2. The sheriff, five thousand dollars per annum, and the fees, mileage or commissions for the service of all papers whatever issued by any court outside of this county, and all mileage for service of papers issued out of any civil case in his own county. 3. The recorder, two thousand dollars per annum; provided that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees so collected shall amount to more than one hundred and fifty dollars in any month, the said recorder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and fifty dollars in any month so col- lected. 4. The auditor, seven hundred and fifty dollars per annum. 5. The treasurer, two thousand dollars per annum, and fees as now provided. 6. The tax collector, two thousand dollars per annum, and fees on delinquent poll taxes, which shall be in full for all services as tax collector. 7. The assessor, three thousand two hundred dollars per annum. 8. The district attornc}'-, two thousand dollars per annum. In coun- ties of this class the district attorney may appoint a stenographer for service in his office, which office of stenographer to the district attorney is hereby created, and said stenographer shall receive as compensation for his services the sum of six hundred dollars per annum to be paid Act 837, § 185 GENERAL LAWS. 228 out of the county treasury in equal monthly installments in the same manner and at the same time other county officers are paid. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be here- after allowed by law. 11. Superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor, such fees as are now, or may be hereafter allowed by law. 13. F(5r the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of nineteen hundred as follows: Townships having a population of five thousand or more shall belong to and be known as townships of the first class; townships having a population of three thousand and less than five thousand, shall belong to and be known as townships of the second class; townships having a population of one thousand and less than three thousand, shall belong to and be known as townships of the third class, and townships having a population of less than one thousand, shall belong to and be known as townships of the fourth class. Justices of the peace and constables shall receive the following salaries, which shall be paid monthly, in the same manner as salaries of county officers are paid, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, seventy-five dol- lars; in townships of the second class, fifty-five dollars; in townships of the third class, thirty dollars, and in townships of the fourth class twenty dollars. In addition of the monthly salaries herein allowed, each justice of the peace and constable may receive and retain for his own use such fees as are now or may be hereafter allowed by law, for all services rendered by him in civil actions. Constables shall also be al- lowed all necessary expenses actually incurred in arresting and convey- ing prisoners to court or to prison, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. 14. Each member of the board of supervisors shall receive one thou- sand dollars per annum, payable monthly, which shall be in full for all services as supervisors. [Amendment approved March 4, 1907. Stats. 1907, p. 107. In effect from and after passage.] § 185. In counties of the twenty-eighth class the county and town- ship officers shall receive as compensation for the services required of them by law, or by virtue of their offices the following salaries and fees, to wit: 1. The county clerk, three thousand two hundred fifty dollars per annum; and in each year in which a new and complete registration of voters is required by law, he shall receive such additional amount as shall be necessary to pay deputy registration clerks for taking affidivvita 229 COUNTY GOVERNMENT. Act 837, § 185 of registration outside of the office at the rate of ten cents each, the claims for which shall be presented to and allowed by the board of super- visors as other claims are presented and allowed. 2. The sheritr, six thousand dollars per annum. 3. The recorder, two thousand two hundred fifty dollars per annum. The recorder shall collect and pay into the county treasury the fees re- quired by law. 4. The auditor one thousand dollars per annum. 5. The treasurer two thousand dollars per annum. 6. The tax collector one thousand dollars per annum. 7. The assessor four thousand two hundred and fifty dollars per annum. 8. The district attorney, two thousand two hundred fifty dollars per annum, 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now, or may hereafter be allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, including services on board of education. He shall be allowed his actual traveling expenses not to exceed three hundred dollars per annum; he shall also be allowed one deputy whose salary shall be fifty dollars per month, paj'able the same as the salaries of county officers; provided, that he shall keep his office open from 9 o'clock A. M. to 5 o'clock P. M. of each business day. 12. The surveyor shall receive a per diem of ten dollars for all work performed for the county, and in addition thereto, all necessary expenses and transportation on work performed in the field. 13. The justices of the peace, such fees as are now or may hereafter be allowed by law; provided, that the amount allowed by the board of supervisors for services in prosecutions nnder section six hundred and forty-seven of the Penal Code, and prosecutions for fraudulently evading or attempting to evade the payment of fare for traveling on any rail- road, shall not exceed twenty dollars for any one month; provided, further, that the amount allowed by the board of supervisors for services in prosecutions of misdemeanor cases other than those hereinbefore speci- fied in this subdivision, shall not exceed the sum of thirty dollars for any one month. 14. The constable shall receive the following fees, to wit: for serving summons and complaint, for each defendant served, one dollar; for each copy of summons for service when made by him, twenty-five cents; for levying writ of attachment or execution or executing order of arrest or for the delivery of personal property, one dollar; for keeping personal property, such sum as the court may order, but no more than two dol- lars per day shall be allowed for a keeper when necessarily employed; for taking bond or undertaking, fifty cents; for copies of writs and other papers, except summons, complaints and subpoenas, per folio ten cents; provided, that when correct copies are furnished him for use, no charge shall be made for copies; for serving any writ, notice or order, except summons, complaints or subpoenas, for each person served, fifty cents; Act 837, § 186 GENERAL LAW3. 230 for writing and posting each notice of sale of property, twenty-iive cents; for serving subpoenas, each witness, including copy, twenty-five cents; for collecting money on execution, two and one-half per cent, to be charged against the defendant named in the execution; for executing and delivering certificate of sale, one dollar; for executing and deliver- ing constable's deed, two dollars; for every mile necessarily traveled in his township, in going only, to serve any civil or criminal process or paper, or to tal^e a prisoner before a magistrate or to prison, twenty- five cents; outside of his township, but within his county, twenty cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the more dis- tant if they live in the same direction; for each mile necessarily trav- eled outside of his county in making criminal arrests, both going and returning from place of arrest, ten cents; in transporting prisoners to the county jail, or before a magistrate, either upon arrest or for trial or examination, or after conviction, he shall receive in addition to the above mileage, his actual and necessary expenses for himself and pris- oner; provided, that where two or more prisoners are transported at the same time, no more than one mileage shall be allowed; for making each arrest in criminal cases, one dollar and fifty cents; for sales of estrays, the same fees as for sales on execution; for summoning a jury, two dollars, including mileage; for all other services, the same fees as are allowed sheriffs for like services; provided further, that no more than sixty dollars shall be allowed to any constable in counties of this class in any one month for fees and mileage in criminal matters. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to and from the county seat; provided, such mileage shall not be allowed more than once a month; and for his services as road commissioner, he shall receive twenty cents per mile one way for all distances actually and necessarily traveled by him in the performance of his duties; provided, he shall not in any one year receive more than three hundred dollars as such road commissioner. 16. In counties of this class grand jurors and jurors in the superior court shall receive for each day's attendance the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat, the sum of twenty-five cents; such mileage to be allowed but once during each session such jurors are required to attend. [Amendment approved March 20, 1905. Stats. 1905, p. 371. In effect in sixty days.] §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, two thousand two hundred and fifty ($2250) dol- lars per annum, and when a new great register of voters is ordered, he shall receive in addition, fifteen (15) cents per name for each voter regis- tered, which shall be in full for all services required in registering voters and making the great register; provided, that in counties of this class there shall be and is hereby allowed to the county clerk, a deputy, who 231 COUNTY GOVERNMENT. Act 837, § 187 shall be appointed by said county clerk, who shall be paid a salary of seventy-five dollars ($75) per month, said salary to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund, as the salary of the county clerk is paid. 2. The sheriff, four thousand five hundred dollars ($4,500) per annum; and, also all fees for services of papers in actions arising outside of his county. 3. The recorder, two thousand one hundred dollars ($2100) per annum. 4. The auditor, one thousand two hundred dollars ($1200) per annum. 5. The treasurer, two thousand one hundred dollars ($2100) per annum. 6. The tax collector, one thousand ($1000) per annum. 7. The assessor, two thousand five hundred dollars ($2500) per annum; and also such fees and commissions as are allowed by law. 8. The district attorney, two thousand four hundred dollars ($2400) per annum. 9. The superintendent of schools, two thousand one hundred dollars ($2100) per annum and actual traveling expenses when visiting the schools of his county. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be here- after allowed by law. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars ($3) per day for each day's actual attendance in court during a jury trial therein or a preliminary examination for felony; provided, that no constable shall receive more than three dollars ($3) for any one day's attendance on any court. 15. Each supervisor, fifty dollars ($50) per month and mileage at the rate of ten cents per mile for traveling to and from his residence to the county seat at each session. 16. Each member of the board of education, including the secretary, five dollars ($5) per day when the board is in session, and ten cents per mile for traveling to and from his or her residence to the county seat at each session, unless otherwise provided for by law. [Amendment ap- proved March 20, 1905. Stats. 1905, p. 299. In effect on the first Mon- day after the first day of January, 1907.] § 187. In counties of the thirtieth class the county officers shall re- ceive as compensation for the services required of them by law or by virtue of their offices the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, five thousand seven hundred dollars per annum. Also, the following, to be audited and paid as other county charges: For every mile necessarily traveled in executing any warrant of arrest, Act 837, § 187 GENERAL LAWS. 232 twenty -five cents per mile; for taking prisoners to magistrate or jail, the actual cost of such transportation, 3. The recorder, three thousand dollars per annum, which shall be in full for all services. 4. The auditor, one thousand eight hundred dollars per annum. 5. Tax collector, two thousand dollars per annum, 6. Assessor, three thousand two hundred dollars per annum. 7. The treasurer, one thousand six hundred dollars per annum. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, two thousand five hundred dollars per annum, which shall be in full for all services performed, including the visiting of the schools of his county; provided, that he may receive such fees as are now or may hereafter be allowed by law for services as a member of the county board of education. 12. The county surveyor shall receive one thousand eight hundred dollars per annum, and the necessary cost of transportation to and from, and necessary expenses while in the field when engaged on public work. 13. For the purpose of regulating the compensation of justices of the peace, townships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as follows: Townships having a population of four thousand or more, shall belong to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as townships of the second class; townships having a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships having a popu- lation of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong to and be known as townships of the fifth class. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner such salaries of county officers are paid, and shall be in full of all services rendered by them in criminal cases; provided, however, that if two justices of the peace shall be elected and qualify in any township, then the said justices shall each receive one-half (^i) of the salary herein provided for: In townships of the first class, seventy dollars; In townships of the second class, sixty dollars; In townships of the third class, forty dollars; In townships of the fourth class, twenty dollars; In townships of the fifth class, ten dollars; provided, that each justice of the peace shall, before receiving his monthly salary, file with the auditor a statement of all fines received, together with the treasurer's receipt for the same. In addition to the monthly salaries herein al- 233 COUNTY GOVERNMENT. Act 837, § 187 lowed, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all ser- vices rendered by him in civil actions. 14. For the purpose of regulating the salaries of constables, town- ships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as follows: Townships having a population of four thousand or more shall belong to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as townships of the second class; townships having a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships hav- ing a population of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a poiDulation of less than five hundred shall belong to and be known as townships of the fifth class. Constables shall receive the fol- lowing salaries, which shall be paid monthly, in the same manner as such salaries of county officers are paid, and shall be in full of all ser- vices rendered by them in criminal eases; provided, however, that if two constables shall be elected and qualify in any township, then each of the said constables shall each receive one-half (%) of the salary herein provided for: In townships of the first class, eighty dollars; In townships of the second class, seventy dollars; In tov/nships of the third class, fifty dollars; In townships of the fourth class, twenty-five dollars; In townships of the fifth class, ten dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions, and shall also be allowed all necessary expenses actually in- curred in arresting and conveying prisoners to court or to prison, which said expenses shall be audited and allowed by the board of supervisors and paid out of the county treasury. 15. Each supervisor, six dollars per day when the board is in session and twenty cents per mile for traveling from his residence to the county seat. For his services as road commissioner, three hundred dollars per annum, payable in monthly installments. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in all civil and criminal causes and proceedings in said court, and for taking notes of the proceedings and testimony at all coroner's inquests in the county, and for taking notes of the testimony and proceedings in all examina- tions before committing magistrates, and for taking notes of the testi- mony and proceedings of cases and commissions for the examination of -oersons charged with being of unsound mind, a monthly salary of one hundred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when the transcription thereof is required Act 837, § 188 GENERAL LAWS. 234 by Jaw, or by order of the court, or by demand of any party to the suit or proceeding, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for tran- scription in all criminal cases and coroner's inquests and examinations of persons charged vvfith being of unsound mind, to be audited and al- lowed by the board of supervisors, as other claims against the county, and in civil cases and proceedings to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, when and in such proportions as the court may direct. When necessary for such reporter to travel away from the county seat, he shall receive his actual and necessary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. [Amendment approved March 20, 1905. Stats. 1905, p. 310. In effect in sixty days.] §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 virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a new great register of voters is ordered, he shall receive five hundred dollars additional, which shall be in full for all services required in reg- istering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per annum. 3. The recorder, two thousand five hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand three hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The county surveyor, one thousand five hundred dollars per annum, he to furnish all necessary instruments; but transportation charges for field work shall be allowed him. He shall not be required to perform county work more than two-thirds of the working days in any month except on payment of fees now allowed by law. 13. Justices of the peace, the following monthly salaries, to be paid each month as county officers are paid, which shall be in full for all services rendered by them in criminal eases: In townships having a population of twenty-five hundred and more, sixty-five dollars; in town- ships having a population of fifteen hundred and less than twenty-five hundred, forty dollars; in townships having a population of one thou- sand and less than fifteen hundred, twenty-five dollars; in townships 235 COUNTY GOVERNMENT. Act 837, § 188 having a population of less than one thousand, ten dollars. Each jus- tice must pay into the county treasury once a month, all fines collected by him. In addition to the monthly salary allowed herein each justice may receive for his own use such fees as are now or may hereafter be allowed by law, for all services performed by him in civil actions. In all townships having a population of less than twenty-five hundred if there be more than one justice, the compensation allowed herein shall be equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single justice in such township. 14. Constables, the following salaries, which shall be paid monthly as salaries of county ofiicers are paid, and shall be in full for all ser- vices rendered by them in criminal cases, to wit: In townships having a population of twenty-five hundred or more, seventy dollars; in town- ships having a population of fifteen hundred and less than twenty-five huTidred, forty-five dollars; in townships having a population of one thousand and less than fifteen hundred, thirty dollars; in townships hav- ing a population of less than one thousand, fifteen dollars. In addition to the monthly salary allowed herein each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all the services performed by him in civil actions. In all townships having a population less than twenty-five hundred, if there be more than one constable, the compensation herein allowed shall be equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single constable in such township. The board of supervisors shall during each and every year, ascertain and determine the population of the several townships of the county for the purposes of ascertaining the compensa- tion of township officers regulated by this section, in proportion to their duties, 15. Each supervisor, five hundred dollars per annum and his necessary expenses when attending to the business of his county, other than the meetings of the board, and thirty cents per mile in going from his resi- dence to the county seat at each meeting of the board, and three hundred dollars per annum, payable quarterly, for services as road commissioner. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and crim- inal cases tried in said court, and, when requested by the district attor- ney, in preliminary examinations and inquests, a monthly salary of one hundred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for tran- scription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for the copy; said compensation for transcriptions in criminal eases, preliminary exam- inations, and inquests, 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, pr joiRtly by both parties, as the court may direct. Act 837, § 189 GENERAL LAWS. 236 17. Subdivisions twelve and fifteen of this section shall take effect immediately. [Amendment approved March 23, 1901. Stats. lUUl, p. 7o7. In effect partly immediately and partly 12 M. on the first Monday after January 1, 1903.] § 189. In counties of the thirty-second class, the cbunty oflS.cers 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, and in any year when a new great register of voters is required by law, he shall receive five hundred dollars additional for said year, which shall be in full for all services required in registering voters and making such new great register. 2. The sheriff, four thousand five hundred dollars per annum, and mileage at the rate of twenty-five cents per mile necessarily traveled in going only. 3. The recorder, three thousand five hundred dollars per annum. 4. The auditor, one thousand eight hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, two thousand four hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by lavf, 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, one thousand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor shall receive one thousand six hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other necessary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace, or otherwise prepare maps, plats, or block books for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dollars per month. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law, and shall also collect and retain for his own use such fees as are now 237 COUNTY GOVERNMENT. Act 837, § 190 or may be hereafter allowed by law for services rendered by him as coroner, when acting as such. 14. Constables shall receive the following monthly salaries, to be paid each month as salaries of the county ofiicers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy- five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dollars per month. In addition to the morlthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions; and he shall also be allowed his actual and neces- sary expenses incurred in executing any warrant outside of his county issued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually in- curred in arresting and conveying prisoners to the county jail, which said expenses shall be audited and allowed by the board of supervisors, and paid out of the county treasury. 15. Each member ef the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty-five cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board, and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims for such services and mileage shall be pre- sented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education, herein provided is not in addition to that provided in sec- tion one thousand seven hundred and seventy of the Political Code. 16. Each supervisor, nine hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; pro- vided, that when a supervisor is also road commissioner, he shall receive, in addition to the twenty cents per mile allowed to him by law as such road commissioner his actual traveling expenses, the total mileage and expenses not in any one year to exceed the sum of three hundred dol- lars. [Amendment approved March 20, 1905. Stats. 1905, p. 358. In effect on the first Monday after January 1, 1907.] § 190. In counties of the thirty-third (33) class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars ($1,500) per annum. Act 837, §190 GENERAL LAWS. 238 2. The sheriff, three thousand five hundred dollars ($3,500) per annum, and a jailer at fifty dollars ($50) per month, to be paid out of the county- treasury; provided, the sheriff shall also receive for his own Use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and,, provided further, that the sheritf shall also receive for his own use and benefit, the mileage, fees and com- missions for all services of all papers whatsoever issued by any court of the state outside of his own county. 3. The recorder, one thousand five hundred dollars ($1500) per annum. 4. The auditor, one thousand dollars ($1000) per annum. 5. The treasurer, one thousand five hundred dollars ($1500) per annum. 6. The tax collector, twelve hundred dollars ($1200) per annum and ten per cent of all licenses collected by him; and a deputy, at four dollars ($4) per day for not more than one hundred (100) days in any one year, to be paid out of the county treasury. 7. The assessor, two thousand five hundred dollars ($2500) per annum and two deputies at a salary of five dollars ($5) each per day for not more than one hundred (100) days in any one year, and two deputies additional, at a salary of five dollars ($5) each per day for not more than fifty (50) days in any one year; such deputies to be paid out of the county treasury. 8. The district attorney, two thousand dollars ($2000) per annum and necessary traveling expenses to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars ($1500), per annum, and actual traveling expenses, when visiting the schools of his county. 12. The surveyor, such fees as are now or may be 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. In counties of this class, the township officers shall receive the following compensations, to wit: In townships having a population of over four thousand (4000), justices of the peace shall receive a monthly salary of sixty ($60) dollars per month, and constables a monthly salary of sixty- five dollars ($65) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than twenty-seven hundred (2700), and not exceeding four thousand (4000), justices of the peace shall receive a monthly salary of thirty dollars ($30) per month, and constables a monthly salary of forty dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and con- stables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than two thousand (2000) and less than twenty-seven hundred (2700), justices of the peace shall •^39 COUNTY GOVERNMENT. Act 837, § 191 receive a monthly salary of twenty-five dollars ($25) per month and con- stables a monthly salary of thirty-five dollars ($35) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said jus- tices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of less than two thousand (2000), justices of the peace shall receive a monthly salary of twenty dollars ($20) per month and constables a monthly salary of twenty-five dollars ($25) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases; provided, that where a con- stable shall be required to travel outside of his own township, in serving or executing a warrant of arrest or any other paper in a criminal case, he shall be allowed, in addition to the salary hereinbefore provided, his actual expenses incurred in serving or executing the same, to be allowed by the board of supervisors; for transporting prisoners to the county jail, the actual expenses of such transportation; and provided further, that for the purpose of this act, the population of the several townships shall be ascertained by multiplying the number of registered voters at the last general election of each township, by five. In addition to the above sal- aries allowed said justices of the peace and constables for their services in criminal cases, they may retain for their own use the fees allowed by law in civil cases. 14. Each supervisor, six hundred dollars ($600) per annum and twenty (20) cents per mile traveling to county seat, which shall be in full com- pensation for all services, both as supervisor and road commissioner; pro- vided, that in case the said supervisors shall not serve as road commis- sioners, the salary for supervisor shall be four hundred dollars ($400) per annum. 15. For attending as a grand juror, or a trial juror in criminal cases only, in the superior court, for each day's attendance, three (3) dollars; for each mile actually traveled one way as such grand juror, or trial juror in criminal cases, in the superior court, under summons or order of the court, twenty-five cents. The county clerk shall certify to the auditor the number of days' attendance, and the number of miles traveled by each juror and the auditor shall then draw his warrant therefor and the treas- urer shall pay the same. 16. This act shall take effect and be in force from and after its passage and so far as it relates to the fees and mileage of jurors and traveling expenses of constables, shall take effect immediately, but shall not affect the compensation of other officers during the present term of ofiice. [Amendment approved March 20, 1905. Stats. 1905, p. 376.] § 191, In counties of the thirty-fourth class the county oflScers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: Act 837, § 191 GENERAL LAWS. 240 1. The county clerk, two thousand four hundred dollars per annum, and during each -year in which a general election is held throughout the state he shall in addition to said salary receive each month for the months of August, September, October and November, one hundred dollars, and the same shall be so paid from the same fund as other salaries are paid. 2. The sheriff, four thousand dollars per annum, and the fees, mileage and commissions for the services of all papers issued by any court of the state outside of this county. Also his actual traveling expenses in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the re- corder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceed- ing one hundred and seventy-five dollars, in any month so collected; so that the amount of fees thus received by the recorder for his own use, plus the salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand four hundred dollars per annum. 6. The tax collector, one thousand two hundred dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, twenty-six hundred dollars per annum; provided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor of said county and who shall hold office from 12 o'clock meridian of the first Monday of March of each year up to 12 o'clock meridian of the first Monday in July of each year. The salary of said deputy assessor herein provided for is hereby fixed at the sum of one hundred dollars per month during which months he shall hold office as herein provided, which said salary shall be paid by said county at the same time and in the same manner and out of the same fund as is the salary of the assessor. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, six hundred dollars per annum. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand 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; provided, he shall be given all work for the county in which the county employs a surveyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Supervisors, each the sum of six hundred dollars per annum for all services performed by them, as supervisors, and members of the board of equalization and road commissioners; provided, that each supervisor shall 241 COUNTY GOVERNMENT. Act 837, § 191 receive ten cents for each mile traveled by the ordinary route, in going from his residence to the county seat and returning, once during each month. 14. For the purpose of regulating the compensation of justices of the peace and constables, townships of this class or counties are hereby classi- fied according to their population as shown by the federal census of 1900; townships having a population of two thousand four hundred and not over four thousand shall be classified as townships of the first class, and townships having a population of les-s than two thousand four hundred shall belong to and be known as townships of the second class. 15. In townships of the first class, justices of the peace shall receive forty dollars a month to be paid each month out of the same fund and at the same time as the county officers are paid, and which sum shall be in full compensation for all services rendered by them in criminal cases. In townships of the second class, justices of the peace shall receive thirty dollars per month to be paid each month out of the same fund and at the same time as the county officers are paid and which sum shall be in full compensation for all services rendered by them in criminal cases. 16. Constables in counties of this class shall receive the following monthly salaries to be paid each month out of the same fund and at the same time as the county officers are paid, which sum shall be in full com- pensation for all services rendered by them in criminal cases, the same to include all costs of transportation of all prisoners within the county, to wit: Constables in townships of the first class shall receive a monthly salary of sixty dollars per month, and constables of townships of the sec- ond class shall receive a monthly salary of forty dollars per month. Pro- vided further, that when any constable is required to go out of his own county to serve a warrant of arrest or any other paper in a criminal case he shall be allowed mileage both going and coming, outside of his own county, at the rate of ten cents per mile, but shall not be allowed any Bum for any other expenses. 17. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, such fees as are now or may be hereafter pro- vided by law; said compensation for per diem and transcription in crim- inal cases to be audited and allowed upon a written order of the court, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, ur jointly by both parties, as the court may direct. Jurors and witness fees, in criminal cases, shall be as follows: 18. For attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's attendance, per day, three dollars, for each mile actually traveled in attending court as such juror under summons or under order of court, in criminal cases, in going only, per mile, twenty-five cents and the county clerk shall certify to the auditor the number of days' attendance and number of miles traveled by each juror, and the auditor shall then draw his warrant therefor and the treas- urer shall pay the same. Gen. Laws — 16 Act 837, § 192 GENERAL LAWS. 242 Witness fees shall be as follows: 19. For each day's actual attendance, when legally required to attend upon the superior court, per day, one dollar and fifty cents in criminal cases. Mileage actually traveled, one way only, per mile, ten cents; pro- vided, however, that such per diem and mileage shall only be allowed on a showing to the court, by the witness, that he is in indigent circum- stances and is unable to bear the expense incident to attending court, while required so to do, and that such per diem and mileage are necessary for the expenses of the witness in attending; and the court shall determine the necessity of the same, and shall then make an order directing the auditor to draw his warrant on the county treasurer for the amount allowed, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. This act shall take effect and be in force from and after its passage and so far as the same relates to the salary of the justices of the peace and constables and the compensation of the official reporter of the supe- rior court, it shall affect and apply to present incumbents. [Amendment approved March 20, 1905. Stats. 1905, p. 335.] § 192. In counties of the thirty-fifth class, the county officers shall re- ceive, as compensation for the service required of them, by law or by vir- tue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred 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 mileage, fees, and commis- sions 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 per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, five hundred dollars per annum; provided, as license collector, he shall, in addition, be entitled to receive, and retain for his own use and benefit, ten per cent on all licenses collected by him. 7. The assessor, one thousand eight hundred dollars per annum, and one deputy not to exceed five dollars per day for not more than one hundred and twenty-five days in any year, and one field deputy not to exceed five dollars per day, for not more than one hundred and twenty-five days in any one year to be paid out of the county treasury. 8. The district attorney, one thousand eight hundred dollars per annum; provided, he may charge and receive for his own use necessary expenses for traveling on county and public business, to be allowed as other county charges are allowed by law. 9. The coroner, such fees as are now or may be 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. And 243 COUNTY GOVERNMENT. Act 837, § 192 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 hunp officers shall receive the follow- ing compensation, to wit: In townships having a population of four thou- sand, justices of the peace shall receive a monthly salary of seventy-five dol- lars; and constables a monthly salary of seventy five dollars. The above- named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases ; they may also retain for their own use all other fees, except those in criminal cases, as are now or may hereafter be provided hy law. In townships having a population of less than four thousand, each justice of the peace and each constable shall receive as compensation for his services such fees as are now, or may hereafter be, provided by law. [Amendment approved March 20, 1905, Stats. 1905, p. 308. In effect in sixty days.] § 195. In counties of the thirty-eighth (38) class (Stanislaus) the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand seven hundred dollars per annum; and provided, that in each year when a new registration is required he shall receive in addition to his salary the sum of ten (10) cents for each elector registered, wliich amount shall be allowed by the board of supervisors at the close of registration preceding a general election, and paid from the general fund of the county. 2. The sheriff, five thousand dollars per annum, and fees, commissions, and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall exceed two hun- dred 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 Act 837, § 195 GENERAL LAWS. 246 fees thus received by the recorder for his own use, plus his salary, shall not exceed the sum of three thous-and dollars in any one year. 4. The auditor, one thousand six hundred dollars per annum. 5. The treasurer, one thousand six hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. 6. The tax collector, one thousand dollars per annum, and the fees and commissions now or hereafter allowed by law. 7. The assessor, two thousand eight hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. The assessor shall also be allowed the following deputies, viz.: One deputy for each bona fide increase of one hundred real estate statements made for assessment pur- poses over and above two thousand five hundred of sueh statements, and not to exceed in all six deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period of not to exceed two months in any one year, said compensation to be paid monthly in the same manner as county officers are paid. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools one thousand five hundred dollars per annum. He sliall also be allowed his actual traveling expenses when visit- ing the schools of the county, which expense shall not exceed the sum of five hundred dollars in any one year. He shall receive nothing for his services as a member of the board of education. The superintendent of schools shall be allowed one deputy, to be appointed by the principal, which said deputy shall be allowed a salary of fifty dollars per month, to be paid at the same time and in the same manner as other county officers. 12. The surveyor shall receive one thousand eight hundred dollars per annum, and in addition thereto, actual traveling and other necessary expenses incurred in connection with field work. He shall have one deputy at a salary of one thousand dollars per annum; said deputy to be appointed by the principal and be paid at the same time and in ithe same manner as other county officers. It shall be the duty of the surveyor among other things, to make and correct all necessary plats, maps, and block-books for the assessor's office, and all necessary county and road maps, and all necessary plans and specifications for bridge work and county buildings; provided, however, that when in the judgment of the board of supervisors of the county, on the representations of the county surveyor, it is necessary to employ additional assistance for the performance of said work, the board of supervisors shall allow the necessary and actual expense therefor; provided, be shall receive nothing for preparing any map or plat necessary to accom- pany reports made by him on road work, nor for preparing and keeping up the necessary and proper records of his office. He shall at all times be subject to the orders of the board of supervisors. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships of this class of counties are hereby classified according to their population as shown by the federal census of nineteen hundred: Townships having a populatioo of two thousand eight hundred and 247 COUNTY GOVERNMENT. Act 837, § 195 more shall belong to and be known as townships of the first class; townships having a population of two thousand four hundred and less than two thou- sand eight hundred shall belong to and be known as townships of the second class; townships hnving a population of one thousaml six hundred and less than two thousand four hundred shall belong to and be known as townships of the third class; townships having a population of eight hundred and less than one thousand six hundred shall belong to and be known as townships of the fourth class ; townships having a population of six hundred and fifty and less than eight hundred shall belong to and be known as townships of the fifth class; townships having a population of less tlian six hundred and fifty shall belong to and be known as townships of the sixth class; providing, that the board of supervisors of the county may, prior to any general election, consolidate two or more of such townships into one. 13i/->. Justices of the peace shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, ninety dollars; in townships of the second class, fifty dollars; in townships of the third class, fifty dollars; in town- ships of the fourth class, forty dollars; in townships of the fifth and sixth class, twenty dollars. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retnin for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and justices of the first, second and third class shall be allowed their office rent, not to exceed the sum of five dollars each, for any one month. Each justice must pay into the county treasury, once a month, all fines collected by him. 14. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, ninety dollars; in townships of the second class, eighty dollars; in townsliips of the third class, eighty dollars; in townships of the fourth class, fifty dollars; in townships of the fifth and sixth class, thirty dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which expense shall be audited and allowed by the board of supervisors and paid out of the county treasury; provided further, that when any constable is required to go out of his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed mileage, both going and returning, outside of his own county, at the rate of ten cents per mile. 15. Supervisors, each, the sum of six hundred dollars per annum, and mile- age at the rate of ten cents per mile for each mile traveled in going to and from the meeting of the board; provided, that only one mileage at any one session of the board shall be allowed. They shall, from and after the pass- age of this act, act as road commissioners in their respective districts, and shall thereafter receive for their services as such road commissioners mileage at the rate of twenty cents per mile each, one way, for all distances Act 837, § 196 GENERAL LAWS. 248 actually traveled by them in the discharge of their duties as such road commissioners; provided, that such mileage as road commissioner shall not, in any one year, exceed the sum of three hundred dollars for any one of the commissioners. 16. Witnesses in criminal cases shall receive one dollar and fifty cents per day, and ten cents per mile for each mile actually traveled, one way only. The court shall make an order directing the auditor to draw his warrant on the county treasurer for the amount due, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. [Amendment approved March 20, 1905. Stats, 1905, p. 366. In effect in sixty days.] § 196. In counties of the thirty-ninth class the county officers shall receive as compensation for services required of them by law, by virtue of their offices, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, five thousand dollars per annum and fees, commissions and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist who shall be appointed by the recorder and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments at the time and in the same manner and out of the same fund as the salary of the recorder is paid; and provided that such recorder shall collect and pay into the county treasury for the use and benefit of the county the fees required to be paid by law so collected ; and provided that when the amount of said fees collected shall exceed two hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his own salary, one-half of all fees in excess of two hundred dollars in any month so collected. But the amount of fees thus received by the re- corder for his own use, plus his salary shall not exceed the sum of two thousand dollars in one year. 4. The auditor, one thousand six hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, one thousand five hundred dollars per annum. 7. The assessor, three thousand dollars per annum, and such fees as now or may hereafter be allowed by law. The assessor shall also be allowed the following deputies, viz.: one deputy for each bona fide increase of one hun- dred real estate statements made for assessment purposes over and above twenty-four hundred of such statements and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period not to exceed two months in any one year, said compen- sation to be paid monthly in the same manner as county officers are paid. He shall prepare the military roll for which he shall receive five cents for each name thereon; that the assessor shall annually revise the plats in his office and prepare the military roll at his own cost and expense. 8. The district attorney, one thousand eight hundred dollars per annnm,. 9. The coroner, such fees as are now and may hereafter be allowed by law. 249 COUNTY GOVERNMENT. Act 837, § 196 10. The public administrator, such fees as are now and may hereafter be allowed by law. 11. The superintendent of schools, one thousand four hundred dollars per annum, and shall also be allowed the compensation provided by law for services upon the board of education. He shall be allowed his actual trav- eling expenses when visiting schools of his count}', wliieh expense shall not exceed the sum of three hundred dollars in one year. Provided, in counties of this class there shall be and is hereby allowed to the superintendent of schools an assistant who shall be appointed by the superintendent of schools and paid a salary of fifty dollars per month, said salary to h? paid by said county in monthly installments at the same time and in the same manner an: I out of the same fund as the salary of the superintendent of schools is paid. 12. The surveyor, such fees as are now or may be hereafter allowed by law. Provided the surveyor shall annually revise the plats in the offii^e of the assessor for which he shall receive a sum not to exceed two hundred dollars in any one year. 13. Justices of the peace shall receive the following salaries for all ser- vices rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: In townships having a population of more than three thousand five hundred, one hundred dollars per month; in town- ships having a population of less than three thousand five hundred and more than two thousand, seventy-five dollars per month; in townships having a population of less than two thousand, forty dollars per month. Justices of the peace in counties of this class shall also receive for their own use and benefit such fees as are now or may hereafter be allowed by law in civil cases. . They shall also be allowed the actual rent for their of&ces, not to exceed ten dollars per month. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: In townships having a population of more than three thousand five hundred, one hundred dollars per mpnth ; in townships having a population of less than three thousand five hundred and more than two thousand, seventy-five dollars per month; in townships having a population of less than two thousand, forty dollars per month. Constables shall also receive for their own use and benefit such fees as are now or hereafter may be allowed by law in civil cases. They shall also be allowed their actual expenses in conveying prisoners from the place of arrest to the court, and in case of conviction, from court to th? county jail. 15. Supervisors, each six hundred dollars per annum for all services per- formed by them as supervisors and members of the board of equalization and road commissioners, including mileage, provided, that each supervisor shall receive ten cents for each mi'e traveled by the ordinary route in going from his residence to the county seat and returning once during each meet- ing. Each supervisor shall be allowed his actual traveling expenses while supervising the roads of his district, not exceeding twenty dollars in any one month. [Amendment approved March 20, 1905, Stats. 1905, p. 338. In effect in sixty days.] Act 837, § 197 GENERAL LAWS. 250 § 197. In counties of the fortieth 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 and fees, to wit: 1. The county clerk, fifteen hundred dollars per annvim. 2. Tlie sheriff, three thousand dollars per annum, and all mileage for the service of papers issued out of any court outside of his county. 3. The recorder, twenty-one hundred dollars per annum. 4. The auditor, nine hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license collector. 7. The assessor, three thousand five hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now, or may be hereafter allowed by law. 13. Each justice of the peace, the following fees: In civil actions before him, for all services required to be performed by him before trial, two dollars. For a trial, and all proceedings subsequent thereto, including all af- fidavits, swearing witnesses and jury, and the entry of judgment, four dollars. In all cases where judgment is rendered by default or confession, for all services from the filing of the complaint to and including the entry of judg- ment, three dollars. ■For issuing a writ of attachment, to include all affidavits, taking and ap- proving bond, and all oaths and certificates necessary thereto, three dollars. For all services and proceedings in a criminal action or proceeding whether on examination or trial, three dollars; provided, that if the defendant plead guilty, only two dollars shall be allowed. For taking bail, after commitment by another magistrate, only fifty cents. For making transcript of docket, making up and transmitting papers on appeal, including the certificate to the same, two dollars. For cojnes of docket or papers in his office, per folio twenty cents. For issuing a search-warrant, to be paid by the party demanding the same, one dollar. For celebrating a marriage, and returning the certificate to the recorder, three dollars. For docketing a judgment or any instrument, for the first name fifty cents; for each additional name twenty-five cents. For taking depositions, per folio, twenty cents. For administering an oath, twenty-five cents, and certificate to same, twenty-five cents; for each certificate twenty-five cents. For issuing a commission to take testimony, seventy-five cents. For all services connected with the posting of estrays, including the transcript for the recorder, three dollars. For issuing an execution and entering satisfaction of the judgment, fifty cents. 251 COUNTY GOVERNMENT. Act 837, § 198 In all cases before justices of the peace where the venue shall be changed, the justice before whom the action shall be brought, for all services ren- dered, including the making up and transmission of the manuscript and papers, shall receive three dollars; and the justice before ^hom the trial shall I ^ take place, shall receive the same fees as if the action had been commenced before him. 14. Each constable shall receive the following fees: For serving all sum- mons in civil cases, for each defendant, including the copy required by law, one dollar. For summoning a jury of twelve or less before a justice, one dollar and fifty cents; for each additional juror above twelve, twenty-five cents. For taking any bond required by law to be taken, fifty cents. For summoning each witness, twenty-five cents. For serving an attachment or levying an execution on the property of a defendant, one dollar and fifty cents. For summoning and swearing a jury to try the rights of property, and making a verdict, two dollars. •For receiving and taking care of property on execution, order or attach- ment, his actual necessary expenses, to be allowed by the justice who issued the order, attachment or execution upon the affidavit of the con- stable that the charges are correct and that the expenses were necessarily incurred. For collecting all sums on execution, three per cent, to be charged against the defendant named in the execution. For serving a warrant or order for the delivery of personal property, or making an arrest in a civil case, one dollar and fifty cents. For making each arrest in criminal cases, two dollars. For every mile necessarily traveled, in going only, to serve any civil or criminal process or paper, or to take a prisoner laefore a magistrate or to prison, twenty-five cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the most distant, if they live in the same direction. For sales of estrays, the same fees as for sales on execution. For the transportation of prisoners to the county jail the actual neces- sary expenses. For attending a justice's court and taking charge of a jury and prisoner when required two dollars for each day of actual attendance upon the court. For all other services the same fees as are allowed sheriffs for like services. 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, also his actual necessary expenses while acting as ex officio road overseer or commissioner not to exceed three hundred dollars in any one year. [Amendment approved March 20, 1905. Stats. 1905, p. 544. In effect January 1, 1907.] § 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 offices, the followii g salaries, to wit: Act 837, § 198 GENERAL LAWS. 252 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand five hundred dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, -which shall be in full for all services as tax collector and as license collector. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand two 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. In counties of this class the township officers shall receive the fol- lowing compensation, to wit: In townships having a population of three thousand or more, justices of the peace and constables shall each receive a monthly salary of sixty dollars per month. In townships having a population of fifteen hundred and less than three thousand, the justices of the peace and constables shall each receive a monthly salary of forty-five dollars per month. In townships having a population of eight hundred and less than fifteen hundred, the justices of the peace and constables shall each receive a monthly salary of thirty-five dollars per month. In townships having a population of five hundred and less than eight hundred, the justices of the peace and constables shall each receive a monthly salary of fifteen dollars per month. In townships having a population of less than five hundred, the justices of the peace and constables shall each receive a monthly salary of five dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasurj^ of the county for traveling expenses outside of his township, for service of a warrant of arrest or any other paper in a criminal case, such fees as they are now or may be hereafter allowed by law, for transporting prisoners to the county jail, the actual expenses of such transportation; and, provided further, that for the purpose of this act, the population of the several townships, shall be ascertained by multi- plying the number of registered voters at the last general election by five But said justices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. _ 14. Each member of the board of supervisors, five hundred dollars per annum, and his necessary expenses when attending to the business of the 253 COUNTY GOVERNMENT. Act 837, § 199 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 commissioner. Subdivision thirteen of this section shall take effect immediately. [Amendment approved March 20, 1905. Stats. 1905, p. 441. In effect in part immediately, and in part in sixty days.] § 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 offices, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum. 2. The sheriff, four thousand dollars per annum, and the fees or com- missions for the service of all papers issued by any court of the state outside of his county. Also his actual traveling expenses in the execu- tion of a warrant outside of Ms 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 hundred dollars per annum. . 7. The assessor, three thousand 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 here- after allowed by law. 11. The superintendent of schools, one thousand 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 required of him by the superior court or the board of supervisors, and as ex officio county recorder; provided, that he shall be entitled to receive from the county his actual and necessary traveling 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 shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nine hundred, seventy-five dollars per month; in townships having a population of less than nine hundred and more than five hundred, fifty dollars per month; in townships having a population of less than five hun- dred, thirty dollars per month. In addition to the compensation received in criminal cases each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them Act 837, § 200 GENERAL LAWS. 254 in criminal cases: In townships having a population of more than nine hundred, seventy-five dollars per month; in townships having a popula- tion of less than nine hundred and more than five hundred, fifty dollars per month; in townships having a population of less than five hundred, thirty dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Each supervisor, one hundred dollars per month, and mileage at the rate of twenty cents per mile for traveling from residence to county se:il! to attend upon a session of the board. The salary herein allowed shall be in full for all services, including duties as road eommis?ioner. 16. Tlie official reporter, such fees as are now provided by law. 17. This act, and the amendments contained in the foregoing section relating to counties of the forty-second class, shall take effect immediately as to the compensation of justices of the peace, constables, and super- visors. [Amendment approved March 23, 1901. Stats. 1901, p. 779. In effect partly immediately and partly 12 M. on the first Monday after January 1, 1903.] § 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 office, the following salaries, to wit: 1. The county clerk, one thousand eight hundreil dollars per annum. 2. The sheriff, three thousand five hundred dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage, in all civil cases within his county, and all fees, commissions and mileage for service of any papers issued by any court outside of hia county. 3. The recorder, twelve hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand two hundred dollars per annum. 6. The tax collector, seven hundred dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, one thousand five hundred 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 six hundred dollars per annum. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall ho in full for all services rendered by them in criminal cases: In townships having a population of more than twenty -five hundred, seventy dollars per month; in townships having a 255 COUNTY GOVKliM.MENT. Act 837, § 201 population of less than twenty-five hundred and more than one thousand, twenty dollars per month; in townships having^ a. population of less than one thousand and more than six hundred, fifteen dollars per month; in townships having a population of less than six hundred, ten dollars per month. In addition to the compensation received in criminal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly salaries to be paid each mouth, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty- five hundred, thirty-five dollars per month; in townships having a popula- tion of less than twenty-five hundred and more than one thousand, fifteen dollars per month; in townships having a population of less ttian one thousand, ten dollars per month; provided, that each constable shall re- ceive his actual and^ecessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Each supervisor, six hundred dollars per annum, and twenty cents' per mile for traveling from his residence to the county seat. 16. Each member of the county board of education, including the secre- tary, shall receive one hundred and fifty dollars per annum as compensa- tion for his services on the board of education, and mileage at the rate of twenty cents per mile, one way, from his residence to the place of meeting of said board. Said compensation of said members and of said secretary shall be paid monthly in the same manner and out of the same fund as the salaries of other county officers are paid. Claims for such mileage shall be presented to and allowed by the board of supervisors before payment. The compensation of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. 17. For the purposes of sub-divisions thirteen and fourteen of this sec- tion, the population of the several judicial townships shall bo ascertained by the board of supervisors, by multiplying by five the vote for presiden- tial electors cast in each township at the next preceding election. [Amenr!- ment approved March 20, 1905. Stats. 1905, p. 3()B. In effect in sixty days.] §201. In counties of the forty-fourth class, the county officers shall receive, as compensation for the services required by them by law or by virtue of their offices, the following salnvies, to wit: 1. The county clerk, eighteen hundred dollars per annum. 2. The sheriff, forty-two hundred dollars per annum, and such mileage as is allowed by law, and the fees, mileage, or commissions for the service of all papers whatever issued by any court outside of his county, and all mileage for the service of papers in civil cases in his own county, and Act 837, § 202 GENERAL LAWS. 256 the actual expenses incurred in criminal cases, and fijfteen cents for each meal for feeding prisoners confined in the county jail. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that vfhen the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the re- corder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceed- ing one hundred and seventy-five dollars, in any month so collected; so that the amount of fees thus received by the recorder for his own use, plus the salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, twenty-five hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per 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 here- after allowed by law. 11. The superintendent of schools, ten hundred dollars per annum. 12. The surveyor, ten dollars per day when engaged in county work. He shall also receive his actual expenses when at work in the field. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six hundred dollars per annum, and twenty-five cents per mile while traveling from their re- spective residence to the county seat, not more than once each month. 16. In counties of this class the official reporter of the superior court shall receive such fees as are now and may hereafter be allowed by law. 17. In counties of this class the board of supervisors may appoint a horticultural commissioner, who shall have expert knowledge of the duties pertaining to the position, who shall serve at the pleasure of the board, and who shall be paid a salary of not to exceed seventy-five dollars per month. [Amendment approved March 20, 1905. Stats. 1905, p. 356. In effect sixty days.] § 202. In counties of the forty-fifth class the county officers shall re- ceive, 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, thirteen hundred dollars per annum. 2. The sheriff, twenty-four hundred dollars per annum, and the fees or commissions for the service of all papers issued by any court of the state outside of his county, and his actual and necessary traveling ex- penses while executing a warrant outside of his county issued by a magistrate or court within his county. 257 COUNTY GOVERNMENT. Act 837, § 203 3. The recorder, thirteen hundred dollars per annum. 4. The auditor, seven hundred dollars per annum. 5. The treasurer, one thousand dollars per annum, 6. The tax collector, five hundred dollars per annum. 7. The assessor, fifteen hundred dollars per annum, 8. The district attorney, one thousand dollars per annum, 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administTator, such fees as are now or n.ay be here- after allowed by law. 11. The superintendent of schools, eight hundred dollars per annum, and actual and necessary traveling expenses when visiting schools of his county. 12. The surveyor, such fees as are now or may be 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 the county seat, and when serving as road com- missioner three dollars per day, and actual and necessary expenses; pro- vided, he shall not in any one year receive more than three hundred dollars as supervisor, exclusive of mileage, nor more than two hundred dollars as road commissioner, exclusive of traveling expenses. 16. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of ten cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named, and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. [Amendment approved March 23, 1901. Stats. 1901, p. 782. In effect 12 M. on first Monday after January 1, 1903.] § 203. In counties of the forty-sixth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. Gen. Laws — 17 Act 837, § 204 GENERAL LAWS. 258 2. The sheriff, thirty-five hundred dollars per annum, and actual trav- eling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum, which shall bo in full for all services as tax collector and as license collector. 7. The assessor, eighteen hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per 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 here- after allowed by law. 11. The superintendent of schools, twelve hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, the fees which are now or hereafter may be allowed by law; provided, that where the trial of any case shall occupy more than one day, and not less than three hours of such day, the justice shall also be allowed three dollars for each additional day consumed in such trial. 14. Constables, the fees which now are or hereafter may be allowed by law; provided, that the constable shall also be allowed at the rate of two dollars and fifty cents per day for each day of actual attend- ance on the trial of cases in the justice's court, where such attendance is pursuant to the order of the justice thereof. 15. Each member of the board of supervisors, five dollars per day when the board is in session, and twenty cents per mile for travelingf from his residence to the county seat; and when serving as road com- missioner three dollars per day and mileage at the rate of twenty cents per mile one way for all actual distances traveled by him in the per- formance of his duties as such road commissioner. But he shall not in any one year receive more than three hundred and fifty dollars as super- visor or more than two hundred and fifty dollars as road commissioner, exclusive of mileage. When traveling by order of the board upon county business, each supervisor shall be allowed his actual itemized expenses. [Amendment approved March 20, 1905. Stats. 1905, p. 552. In effect in sixty days.] § 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 tlieir offices, the following salaries, to wit: 1. The county clerk, twenty-seven hundred dollars per annum. 2. The sheriff, three thousand dollars per annum, and the fees or commissions for the service of all papers issued by any court of the state outside of his county; also, his actual and necessary traveling 259 COUNTY GOVERNMENT. Act 837, § 204 expenses in the execution of a warrant outside of his county issued by a court or magistrate of his county. 3. The recorder, fifteen hundred dollars per annum. 4. The auditor, twelve hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-five hundred dollars per annum. 8. The district attorney, sixteen hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, sixteen hundred dollars per annum, and traveling expenses 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 shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nine hundred, seventy-five dollars per month; in townships having a population of less than nine hundred and more than five hun- dred, fifty dollars per month; in townships having a population of less than five hundred, twenty dollars per month. In addition to the com- pensation received in criminal eases, each justice of the peace shall receive and retain for his own use such fees as are now or may be here- after allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nine hundred, seventy-five dollars per month; in townships having a population of less than nine hundred and more than five hundred, fifty dollars per month; in townships having a population of less than five hundred, twenty dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prison- ers to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all ser- vices performed by him in civil actions. 15. Each supervisor, five dollars per day while attending sessions of the board and while engaged in the performance of the duties of road commissioner, 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 Act 837, § 205 GENERAL LAWS, 260 and constables, but shall not affect tlie compensation of other officers during the present term of office. [Amendment apjjroved March 23, 1901. Stats. 1901, p. 784. In effect partly immediately and partly 12 M. on first Monday after January 1, 1903.] §205. The county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their office, the follow- ing salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, twenty-five hundred dollars per annum. 3. The recorder, one thousand dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a <• 1 vist, who shall be appointed by the recorder, and paid the salary oi iiiiy dollars per month; said salary to be paid by said county in monthly installments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid. This section shall take effect immediately in so far as it relates to the salary of said copyist. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum, and ten per cent on all licenses collected by him as license collector. 7. The assessor, one thousand five hundred dollars per annum; pro- vided, that in counties of this class there shall be and is hereby allowed to the assessor one deputy, to be appointed by him, who shall receive the salary of seventy-five dollars per month for not exceeding four months in any calendar year, said salary to be paid by said county in monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the assessor is paid. This sec- tion shall take effect immediately in so far as it relates to the salary of said deputy. 8. The district attorney, one thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of this county. 12. The surveyor, such fees 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. 15. Each supervisor, six dollars per day when the board is in a ses- sion, not to exceed three hundred dollars per year, exclusive of mileage, and twenty-five cents per mile for traveling one way only from his residence to the county seat at each sitting of the board; and his neces- sary expenses while supervising the roads of his district, or attending 261 COUNTY GOVERNMENT. Act 837, § 206 to the business of the county, other than the meetings of the board, not to exceed the sum of four hundred and sixty dollars per annum. This section shall take effect immediately in so far as it relates to the neees- sar}' expenses of supervisors while supervising their roads, or while engaged in attending to the business of the county other than the meetings of the board. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and crim- inal cases tried in said court, and for preliminary examinations in jus- tices' courts, and at coroner's inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after the conclusion of trial, then he shall receive the sum of ten cents per folio for original, and five cents per folio for copies required; said 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. He shall also be allowed his actual traveling expenses when reporting outside the county seat. [Amendment approved March 20, 1905. Stats. 1905, p. 333. In effect in part immediately and in part in sixty days.] § 206. In counties of the forty-ninth class, the county officers shall receive as compensation for their 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, except in the years where a general election is held, and in such years he shall re- ceive fifteen hundred dollars per annum. 2. The sheriff", thirty-eight hundred dollars per annum. 3. The recorder, twelve hundred dollars per annum, provided that such recorder ghall collect and pay into the county treasury for the use and benefit of the county, the fees required by law to be so collected; and, provided, that when the amount of said fees collected shall exceed one hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in excess of one hundred dollars in any month, so collected; and, provided, that the recorder may retain for his own use, all fees collected for filing or recording proofs of labor or notices of location of mining claims. 4. The auditor six hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, one thousand dollars per annum and ten per cent on all licenses collected by him. 7. The assessor, one thousand six hundred and fifty dollars per annum. 8. The district attorney, one thousand four hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. Act 837, § 207 GENERAL LAW3. 262 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, six hundred dollars per annum and actual traveling expenses while visiting the schools of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors five dollars per day for each day's actual service while the board is in session and ten cents per mile for each mile necessarily traveled to and from the place of meeting; also three dollars per day for each day's service while serving as road commissioner. Such compensation, as road commissioner, not to exceed three hundred dollars per annum. 16. Grand jurors and jurors in the superior court in criminal cases shall be paid three dollars per day for each day's attendance and for each mile actually traveled in going only, while acting as such juror, fifteen cents; and the judge of said court shall make an order directing the auditor to draw his warrant or the treasurer in favor of such juror for said per diem and mileage, and the treasurer shall pay the same. The provisions of section two hundred and six of this act, so far as the same relates to fees of jurors, shall take effect on August 1, 1901. This act shall take effect and be in force from and after its passage. [Amendment approved March 20, 1905. Stats. 1905, p. 373. In effect partly at once, and in part August 1, 1901.] § 207. In counties of the fiftieth class, the county officers shall re- ceive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum, except in the years when a general election is held, and in such years, he shall re- ceive two thousand three hundred dollars per annum. 2. The sheriff four thousand dolls rs per annum. 3. The recorder one thousand eight hundred dollars per annum. 4. The auditor four hundred dollars per annum. 5. The treasurer, one thousand six hundred dollars per annum. 6. The tax collector seven hundred fifty dollars per annum. 7. The assessor one thousand eight hundred dollars per annum. 8. The district attorney one thousand five hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools eight hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor such fees as are now or may hereafter be allowed by law. 2G3 COUNTY GOVERNMENT. Act 837, § 208 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables such fees as are now or may hereafter be allowed by law. 15. Each supervisor eight dollars per day while the board is in session, and mileage from residence to the county seat at each sitting of the board of twent}^ cents per mile; also twenty cents per mile for each mile actually and necessarily traveled in discharging the duties of road commissioner, but he shall not in any one year receive more than three hundred dollars for per diem as supervisor, and he shall not in any one year receive more than three hundred dollars as road commissioner. 16. The license collector ten per cent of all licenses collected by him. This act so far as it relates to counties of this class, shall not affect the compensation of officers during the present [term] of office, except as herein otherwise specially provided. [Amendment approved March 20, 1905. Stats. 1905, p. 325. In effect in sixty days.] § 208. In counties of the fifty-first class the county officers shall re- ceive, 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 annum. 3. The recorder, one thousand dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the re- corder a copyist, who shall be appointed by the recorder, and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid. This section shall take effect immediately in so far as it relates to the salary of said copyist. 4. The auditor, five hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him a% license collector. 7. The assessor, one thousand five hundred dollars per annum; pro- vided, that in counties of this class there shall be and is hereby allowed to the assessor one deputy, to be appointed by him, who shall receive the salary of seventy-five dollars per month for not exceeding four months in any calendar year, said salary to be paid by said county in monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the assessor is paid. This section shall take effect immediately in so far as it relates to the salary of said deputy. 8. The district attorney, one thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. Act 837, § 209 GENERAL LAWS. 264 11. The superintendent of schools, fifteen hundred dollars ($1500) per annum, and actual traveling expenses when visiting the schools of this county. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law,. 15. Each supervisor, six dollars per day when the board is in a ses- sion, not to exceed three hundred dollars per year, exclusive of mileage, and twenty-five cents per mile for traveling one way only from his resi- dence to the county seat at each sitting of the board; and his necessary expenses while supervising the roads of his district, or attending to the business of the county, other than the meetings of the board, not to exceed the sum of four hundred and sixty dollars per annum. This section shall take effect immediately in so far as it relates to the neces- sary expenses of supervisors while supervising their roads, or while en- gaged in attending to the business of the county other than the meetings of the board. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and crim- inal cases tried in said court, and for preliminary examinations in jus- tices courts, and at coroners inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after conclusion of trial, then he shall receive the sum of ten cents per folio for original, and five cents per folio for copies required; said 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. He shall also be allowed his actual traveling expenses when reporting outside the county seat. [Amendment approved March 20, 1905. Stats. 1905, p. 320. In effect in part immediately and in part, in sixtv days 1 §20d. In counties of the fifty-second class the county officers shall recei?3^ as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, eight hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collct thereof shall be a tax upon the land, to be collected as hereinbefore provided. § 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 notice shall have been given to such person by the roadmaster, 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 both such fine and imprisonment. The fines so collected 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. § 11. The provisions of this act shall not be construed so as to per- mit waters to be carried out of their natural course to augment other streamsi or drains, to the damage of the residents along the banks of the streams or drains so augmented. § 12. Whenever the board of supervisors cannot purchase, at a reason- able 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 Procedure, and amendments thereto, which are now existing or may hereafter be made. § 13. This act is not intended to supersede or repeal any other act for the construction or maintenance of ditches or for drainage purposes, but is intended as an independent and alternative means of constructing such ditches where most applicable or desirable to the parties interested. § 14. This act shall take effect and be in force from and after its passage. ACT 987. An act to provide for the organization and government of drainage dis- tricts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the accpiisition or construction thereby of works for the drainage of the lands embraced within such districts. [Approved March 20, 1903. Stats. 1903, p. 291.] Amended 1909, p. lOCl. Act 987, §§1-3 GENERAL LAWS. 816 § 1. Whenever fifty or a majority of the holders of title, or cvidenco of title as herein provided, to agricultural lands otlier than swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drainage of such lands, they may propose the organization of a drainage district under the provisions of this act, and when so organized, such district shall have the powers, rights and duties conferred, or which may be conferred by law, upon such drainage districts. The equalized county assessment-roll next preceding the presentation of a petition for the organization of a drainage district under the provisions of this act, shall be sufficient evidence of title for the purposes of this act; provided, that no person who has received or acquired title to land within such proposed district for the purpose of enabling him or her to join in sucii petition or to become an elector of said district, shall be allowed to sign such petition or to vote at any election to be held in such district under the provisions of this act. Such illegal signing, however, shall not invalidate such petition when there shall be found a sufficient num- ber of other legal petitioners. §2. In order to propose the organization of a drainage district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district or the greater portion thereof, are situated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, which peti- tion shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of super- visors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the costs in case such an organization will not be effected. The petition shall be presented at a regular meeting of said board of supervisors, and shall have been published for at least two weeks before such presentation, in some newspaper printed and published in the county where the petition is presented, together with a notice stating the date of the meeting of said board at which the petition will be presented; and if any portion of the proposed district lies within another county, or counties, then said petition and notice shall be likewise published in a newspaper printed and published in each of such counties. § 3. . When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time not exceeding four weeks in all, and on the final hearing said board shall make such changes in the proposed boundaries as may be deemed ad- visable and shall define and establish such boundaries. But said board shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of drainage by the same sys- tem of works applicable to the other land's in such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by drainage, by means of said system of works, be included 817 DRAINAGE. Act 987, §§ 4-6 within sueli propoeed district. Any person whose lands are susceptible of drainage by the same system of works, may, upon his application, in the discretion of said board, have such lands included within said pro- posed district. Upon such hearing of said petition, the board of super- visors, shall determine whether or not said petition complies with the requirements of sections one and two of this act, and for that purpose must hear all competent and relevant testimony offered in support or in opposition thereto. Such determination shall be entered upon the min- utes of said board of supervisors. §4. The right of appeal from said order to the superior court of the county where said petition is heard, is hereby given to any person inter- ested, who is a party to the record; provided, that if more than one appeal be taken they shall be consolidated and tried together. Such appeal shall be taken within ten days after the entry of such order upon the minutes of the board of supervisors. The appeal shall be taken and heard in the same manner as appeals from justices' courts to the superior court, except as herein otherwise provided. Upon the appppl, the superior court may make and enter its judgment afllrming, modifying, or reversing the order appealed from. Within ten days there- after, the superior court must cause its remittitur to issue to said board of supervisors, and if said order of the board of supervisors is modified or reversed, the judgment of the superior court and its remittitur shall dLect the board of supervisors what order it shall enter. Such remittitur shrill be filed by the clerk of the board of supervisors, and at the first r^-gular meeting of the board thereafter, it shall cause to be entered in its minutes the order as directed by said superior court. The appeal herein provided for shall be heard and determined within thirty days l!rom the time of filing the notice of appeal, §5. When, under the provisions of the preceding sections, the boundaries of the proposed district are defined and established, said board shall make an order dividing said district into three or five divisions, as nearly equal in size as practicable, which divisions shall be numbered consecutively, and one director who shall be an elector and a resident freeholder of the division, shall be elected, as hereinafter pro- vided, by each division; provided, that when requested in the petition three directors who shall be residents, electors and freeholders of the district, shall be elected at large by the qualified electors of the district. § 6. Said board of supervisors shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall designate a name for such proposed district, and de- scribe the boundaries thereof and the boundaries of the precincts estab- lished therein, when more than one, together with a designation of the polling-place and board of election for each precinct; and said notice shall be published for at least three weeks previous to such election, in a newspaper published within the county in which the petition for the organization of the proposed district was presented; and if any portion Act 987, §§ 7-10 GENERAL LAWS. 818 of such proposed district is within another county or counties, then such notice shall be published for the same length of time in a newspaper published in each of said counties. Such notice shall require the electors to cast ballots, which shall contain the words "Drainage District — Yes" or "Drainage District — No" or words equivalent thereto, and also the names of one or more persons (according to the divisions of the pro- posed district as prayed for in the petition and ordered by the board) to be voted for to fill the office of director. Such election shall be con- ducted as nearly as practicable in accordance with the general election laws of the state but no pai'ticular form of ballot shall be required. §7. No person shall be entitled to vote at any election held under the provisions of this act unless he possesses ail the qualifications re- quired of electors under the general election laws of the state. § 8. The said board of supervisors shall, on the first Monday suc- ceeding 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 appears that a majority of all the votes cast are "Drainage District — Yes" the board shall by an order entered in its minutes, declare such territory duly organized as a drain- age district, under the name theretofore designated, and shall declare the persons receiving, respectively the highest number of votes for directors to be duly elected to such offices. [Amendment approved April 22, 1909. Stats. 1909, p. lOCl.] § 9. Said board shall then cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of any county in which any portion of the lands embraced in such district are situated, and must also immediately forward a copy thereof to the clerk of the board of supervisors of each of said last mentioned counties and no board of supervisors of any county in which any portion of the lands embraced in such district are situated, shall, after the date of the organization thereof, allow another district to be formed includ- ing any portion of said lands, without the consent of the board of direc- tors of the district in which they are situated. From and after such filing, the organization of the district shall be complete. § 10. Such election on organization may be contested by any person owning property within the proposed district liable to assessment. The directors elected at such election shall be made parties defendant. Such contest shall be brought in the superior court of the county where the petition for organization is filed; provided, that if more than one contest be pending they shall be consolidated and tried together. The court having jurisdiction shall speedily try such contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial compliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and declaration of the result by the board of supervisors. The right of appeal is hereby given to either party to the 319 DRAINAGE. Act 987, §§ 11-14 record within thirty days from entry of judgment. The appeal must be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. §11. The directors elected at the election hereinbefore provided for shall immediately enter upon their duties as such upon qualifying in the manner herein provided. Said directors shall hold office respectively until their successors are elected, and qualified. § 12. The directors of any district created after the passage of this act, on the first Tuesday after their election, after they shall have quali- fied, shall meet and classify themselves by lot into two classes, as nearly equal in number as possible, and the term of office of the class having the greater number shall expire at the next general February election in this act provided for; and the term of office of the class having the lesser number shall terminate at the next general February election thereafter. After such classification, said directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the amount of the bond to be given by him for the faithful performance of his duties shall be fixed by the board of directors. § 13. The board of directors shall hold regular meetings in their office on the first Tuesday in March, June, September and December, and such special meetings as may be required for the proper transaction of business; provided, that all special meetings must be ordered by a majority of the board by an order entered in the minutes specifying the business to be transacted. Three days' notice to any member not joining in the order must be given by the secretary, and only the busi- ness 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 constitute a quorum for the transaction of business. A minute of all proceedings of the board shall be kept by the secretary, and all records of the board shall be open to public inspection during business hours. The board of directors shall, on the first Tuesday in March of each and every year, render, and immediately thereafter cause to be published, a verified statement of the financial condition of the district, showing particularly the receipts and disbursements of the last pre- ceding year, together with the source of such receipts and purpose of such disbursements. Said publication shall be made at least once a week for two weeks, in some paper published in the county where the offic; of the board of directors of such district is situated. § li. The board shall have the power and it shall be their duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts; to adopt a seal for the district to be used in the attestation of proper documents; provide for the payment, from the proper fund, of all the debts and just claims against the district; employ and appoint when necessary, engineers to survey, plan, locate, and estimate the cost of the works necessary for drainage and the land Act 987, §§ 15-17 GENERAL LAWS, 320 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 woiks necessary for the purpose of drainage. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary drainage works and the line for any canals, sluices, water-gates and embankments, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, hold and possess either by donation, purchase or condemnation, any land or other property, necessary for the construction, use, maintenance, re- pair, and improvement of any works required for the purpose of drain- age as provided herein. The board may establish equitable by-laws, rules and regulations necessary or proper for carrying on the business herein contemplated, and generally may perform all such acts as shall be necessary to fully carry out the purposes of this act. § 15. The board of directors, when they deem it advisable for the best interests of the district and the convenience of the electors thereof, may at any time, but not less than sixty days before an election to be held in the district, change the boundaries of the divisions and election precincts of the district; provided, such changes shall be made to keep each division as nearly equal in area and population as may be practica- ble. Such change of boundaries of the division must be shown on the minutes of the board. §16. In case of condemnation proceedings, the board shall proceed, in the name of the district, under the provisions of Title VII, Part III, of the Code of Civil Procedure, which said provisions are hereby made applicable for that purpose, and it is hereby declared that the use of the property which may be condemned, taken, or appropriated under the provisions of this act, is a public use, sub.iect to regulation and control of the state in the manner prescribed by law. § 17. In each district organized as herein provided, an election shall be held on the first Wednesday in February, nineteen hundred and five, and on the first Wednesday of February of each second year thereafter, at which a board of directors for the district, as provided in section 5 of this act, shall be elected. The person receiving the highest number of votes for the office to be filled at such election is elected thereto. Within ten days after receiving their respective certificates of election, each of said persons shall qualify as such by takvrg and subscribing the official oath and filing a bond as herein provided. Each director shall execute an official bond in the sum of one thousand dollars, which shall be approved by the judge of the superior court of the county where the organization of the district was effected and shall be recorded in the office of the county recorder of such county, and then, together with his official oath, filed with the secretary of the board of directors. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. If a vacancy shall occur in the office of director the same shall be filled by appointment by the 321 DRAINAGE. Act 937, §§ 18-20 supervisors of the county where sueh district is organized, A director so appoiuted shall quality within ten days after receiving notice of his appointment as in said act provided, if he were elected to such office and he shall hold such office only until the next regular election for said district and until his successor is elected and qualified. § 18. On the first Tuesday in March next following the election, the directors who shall have been elected at the general February election, shall meet and organize as a board, elect a president and appoint a secretary, who shall each hold office during the pleasure of the board. And the directors of districts now organized, who shall have been elected at the general February election of nineteen hundred and five, shall, on the first Tuesday in March next thereafter, when they meet to organize, first classify themselves by lot into two classes as nearly equal in number as possible. And the terms of office of the class having the greater number shall be two years; and the term of office of the lesser number shall be four years. The full term of office of directors is hereby fixed at four years. The office of the board of directors of any such district may be established by said board of directors at the county seat, or at some proper and convenient place within the district, but after the office is once established it shall not be changed without giving notice thereof by posting in three public places in the district and by publishing a similar notice for thirty days in some newspaper of general circulation published in the county where such district is organized. §19. Fifteen days before any election held under this act, subse- quent 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 similar notice of the same in a conspicuous place in the office of the said board, specifying the polling-places of each pre- cinct, and the names of the members of the boards of election, for each precinct. Prior to the time for posting such notices, the board must appoint for each precinct, from the electors thereof, one inspector ard one .i^flgs and one clerk, who shall constitute a board of election for such precinct. If the board fail to appoint a board of election, or the mem- bers appointed, or any of them do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour, may appoint the board, or supply the place of an ab-ent 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. §20. The inspector is chairman of the election board, and may ad- minister all oaths required in the progress of an election; and appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. The board of election for each pre- cinct must, before opening the polls, appoint two persons to act as clerks Gen. Laws — 21 Act 987, §§ 21-23 GENERAL LAWS. 822 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 them by law. Any elector of the precinct may administer and certify such oath. The polls must be open at 9 o'clock A. M., and be kept open until 4:00 P. M., when the same must be closed. The provisions of the general election laws concerning the form of bal- lots to be used shall not apply to elections held under this act. § 21. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted, as nearly as practicable, in accordance with the provisions ol the general election laws in this state, § 22. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge and the inspector. One of said certificates with the poll list and the tally paper to which it is attached, shall be retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election returns of (naming the pre- cinct) precinct" and be directed to the secretary of the board of directors and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secre- tary, 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 re- count of the vote of the precinct that is so claimed to have been ncor- rectly counted. §23. No list, tally paper, or certificate from any election, shall be set aside or rejected for want of form if it can be satisfactorily 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 the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and estimating the vote of the district for each person voted for and declaring the result thereof. 323 DRAINAGE. Act 987, §§ 24-27 § 24. The secretary of the board of directors, must, as soon as the result is declared, enter in the records of such board, a statement of such result, which statement must show; (a) the whole number of votes cast in the district and in each precinct thereof if there be more than one precinct; (b) the names of the persons voted for; (c) the office to fill which each person was voted for; (d) the number of votes given in each precinct to each of such persons; (e) the number of votes given in each division for the office of director. The board of directors must declare elected the persons having the highest number of votes given for each office. The secretary must immediately make out and deliver to such person a certificate of election, signed by him, and authenticated with the seal of the board. § 25. In any district the board of directors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title, or evidence of title, of said district, evidenced as above provided, order that on and after the next ensuing general election for the district, there shall be either three or five directors, as said board may order, and they shall be elected, by the district at large, or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected. § 26. The legal title to all property acquired under the provisions of this act shall immediately and by operation of law vest in such drain- age district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this act. And said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such drainage district, to and for the uses and pur- poses herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessai-y or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges and immunities created by this act, or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the said board may sue, appear, and defend in person or by attorneys, and in the name of such drainage district, §27. For the purpose of constructing necessary conduits, drains, sluices, water-gates, embankments and all works necessary for the pur- pose of drainage, and acquiring the necessary property and rights there- for, and otherwise carrying out the provisions of this act, the board of directors of any such district must, as soon after such district has been organized as may be practicable, and also whenever thereafter the con- struction fund has been exhausted by expenditures as herein authorized therefrom, and it is necessary to raise additional money for said pur- poses, estimate and determine the amount of money necessary to be raised. And thereafter said board shall immediately call a special elec- Act 987, § 28 GENERAL LAWS. 324 tion, at which shall be submitted to the electors of such district the ques- tion whether or not the bonds of said district shall be issued in the amount so determined. Notice of such election must be given by post- ing notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, the amount of bonds proposed to be issued; and said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided that no 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 a majority of the votes east are "Bonds — Yes," the board of directors shall cause bonds in said amount to be issued; if a majority of the votes cast at any bond election are "Bonds — No," the result of such election shall be so declared and entered of record. "Whenever thereafter, a petition of the character hereinbefore provided for in this section, is presented to the board, it shall so declare of record in its minutes, and shall thereupon submit such questions to said electors in the same manner and with like effect as at such previous election. § 28. All bonds issued under the provisions of this act shall be pay- able in gold coin of the United States, in ten series as follows, to wit: On the first day of January after the expiration of eleven years, five per cent of the whole number of said bonds; on the first day of January, after the expiration of twelve years, six per cent; on tlie first day of January after the expiration of thirteen years, seven per cent; on the first day of January after the expiration of fourteen years, eight per cent; on the first day of January after the expiration of fifteen years, nine per cent; on the first day of January after the expiration of six- teen years, ten per cent; on the first day of January after the expira- tion of seventeen years, eleven per cent; on the first day of January after the expiration of eighteen years, thirteen per cent; on the first day of January after the expiration of nineteen years, fifteen per cent; and on the first day of January after the expiration of twenty years, sixteen per cent; that the several enumerated percentages being of the entire amount of the bond issue, but each bond must be made payable at a given time for its entire amount and not for a percentage.. Said bonds shall bear interest at the rate of five per cent per annum, pay- able semi-annually, on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred dollars nor more than five hundred dollars; shall be nego- tiable in form, signed by the president and secretary, and the seal of the board of directors shall be affixed and the bonds of each issue shall be 325 DRAINAGE. Act 937, §§ 29-31 numbered consecutively, and bear date at the time of their issue. Cou- pons for the interest shall be attached to each bond, signed by the secre- tary. Said bonds shall express on their face that they were signed by authority of this act. stating its title and date of approval, and shall also so state the number of the issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. §29. The board may sell said bonds from time to time in such quan- tities as may be necessary and most advantageous, to raise money for the construction of said drains and works, the acquisition of said prop- erty and rights, and otherwise to fully carry out the objects and pur- poses of this act. Before making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such reso- lution to be entered in the minutes, and notice of the sale to be given, by publication thereof at least three weeks in some newspaper pub- lished in the county where the office of the board of directors is located, and in any other newspaper, at its discretion. The notice shall state that sealed proposals will be received by the board at their office, for the purchase of bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals, and award the purchase of the bonds to the highest responsible bidder; provided, how- ever, that they may reject all bids. Said board shall in no event sell any of the said bonds for less than the par value thereof. § 30. Any bonds issued under the provisions of this act, shall be a lien upon the property of the district and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent issue. Said bonds, and the interest thereon, shall be paid by revenue derived from an annua] assessment upon the real property of the district; and all the real property in the district shall be and remain liable to be assessed for such payments as hereinafter provided. §31. In case the money raised by the sale of bonds issued be insuf- ficient or in case the bonds be unavailable for the completion of the plan of drainage and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the comple- tion of said plan by levy of assessments therefor; provided, however, that such levy of assessments shall not be made except first an estimate of the amount required for such purposes has been made by said board, and the question as to the making of said levy submitted to a vote of the electors of the district. Before such question is submitted, the order of submission shall be entered in the minutes of the board, stating the amount to be levied and the purpose therefor, and if submitted at a special election said order shall, in addition, fix the day of election. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published Act 987, §§ 32-34 GENERAL LAWS. 826 in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, and the amount of assessment proposed to be levied. Said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided', that no informalities in conducting such an election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Assessment — Yes," or "Assessment— No," or words equiva- lent thereto. If a majority of the votes cast are "Assessment — Yes," the board of directors shall proceed in the manner prescribed in sec- tions 40-43 herein provided for raising funds for the annual requirements; if a majority of the votes east are "Assessment — No," the result of such election shall be so declared and entered of record. § 32. Whenever a district organized under the provisions of this act, has outstanding bonds, coupons, or other evidences of indebtedness, the payment thereof may be provided for by the issuance of new bonds, in the manner hereinafter prescribed. §33. In order to propose the funding of such bonds, coupons, or other evidences of indebtedness a petition shall be presented to the board of directors of such drainage district, signed by a majority in number of holders of title or evidences of tLtle to real property in such district, which petition shall set forth the amount of bonds, coupons, or other evidences of indebtedness 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 than outstanding and sought to have funded), together with a full and complete statement of the purposes for which such bonds are to be used. On presentation of such petition, the same shall be entered in full on the minutes of the board. §34. 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 petition shall be issued. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is re- quired to be kept, once a week for at least three successive weeks be- fore such election. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, the amount of bonds, coupons or other evidences of indebtedness proposed to be funded, to- gether with a general description of the same. Said election shall be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions governing the 827 DRAINAGE. Act 987, §§ 35-38 election of officers; provided, that no informalities in conducting such an election shall invalidate the same, if the election shall have been other- wise fairly conducted. At such 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. § 35. If said bonds are directed to be issued as herein provided for, the board of directors shall cause the same to be issued. Said bonds shall be made payable in gold coin of the United States, 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-annually on the first day of January and July of each year. They shall be negotiable in form, and shall be" of denom- inations of not less than $100 nor more than $500. Said bonds shall in all respects conform to the form of bonds prescribed hereinbefore. § 36. It shall be unlawful to sell or exchange any of the bonds as herein provided for less than their par value. § 37. When bonds issued under section 35 of this act shall be duly executed, they shall be deposited with the treasurer of the county wherein the district was organized, who is hereby authorized and charged with the duty of receiving the same, and his receipt shall be taken therefor, and he shall be charged with the same on his official bond, and shall have no power to deliver the same in exchange for any bonds or indebtedness proposed to be funded until the bonds or evidence of indebtedness proposed to be funded shall have been surrendered to him, and he shall have been ordered by the board of directors of the district, by an order duly entered on their records to make such delivery. When such bonds have been exchanged for other bonds, coupons, or other evi- dences of indebtedness, the said treasurer shall at once cancel such other bonds, coupons, or other evidences of indebtedness by writing across the face thereof "Canceled" and the date of cancellation, and report the same with his next regular report hereinafter provided for to the board of directors of the district designating the bond, coupon, or other evi- dence of indebtedness, so that it can be identified, the date of can- cellation, and the person from whom it was received, together with the amount paid therefor, or the terms of exchange, in case there is an ex- change. §38. When said bonds are issued for the purpose of sale to the high- est bidder, the board may sell said bonds from time to time, in such Act 987, §§ 39-42 GENERAL LAWS. 828 quantities as may be necessary and most advantageous, to raise money to pay bonds, coupons, or other evidences of indebtedness of the district which were outstanding at the time of the filing of said petition, and generally described therein. Eesolution of intention must be declared, and notice given, and the sale conducted in the manner prescribed in section 29 of this act for the sale of original bonds. Said bonds shall in no event be sold for less than their par value including accrued in- terest. All moneys realized from the sale of bonds, issued under the provisions of this section, shall be paid into the hands of the said treas- urer, and by him kept in a separate fund, known as the funding fund, and shall be applied exclusively to the payment of bonds, coupons, or other evidences of indebtedness of the district outstanding at the time of filing of the said petition, and described therein. § 39. The bonds issued as herein provided for may be exchanged, at not less than their par value, including accrued interest, for any of the indebtedness set out and described in the notice of the election authoriz- ing the issuance of said refunding bond. A contract for such exchange may be made by the board of directors upon such terms as said board may deem advisable; provided, that they must receive not less than par value for the bonds so exchanged. § 40. The board of directors must, on or before the first meeting of the board of supervisors in September of each year, furnish the super- visors and the auditor of the county wherein the district is situated, or if such district is not entirely within one county, then as hereinafter provided, to the supervisors and auditors of each county in which any portion of the district is situated, an estimate in writing of the amount of money needed for the purposes of the district for the ensuing fiscal year. This amount must be sufficient to raise the annual interest on the outstanding bonds, to pay the estimated cost of repairs, the incidental expenses of the district, and in any year in which any bonds shall fall due, an amount sufficient to pay the principal of the outstanding bonds as they mature. §41. If such district is in more than one county the total estimate as provided for in the preceding section shall be divided by the board of directors in proportion to value of the real property of the district in each county. This value must be determined from the equalized values of the last assessment-rolls of such counties. When such division of the estimate has been made, the board shall furnish the supervisors and auditors of the respective counties a written statement of that part of the estimate apportioned to that county. § 42. The board of supervisors of each county wherein is situated a district or any part thereof organized under the provisions of this act, must, annually, at the time of levying county taxes, levy a tax to be known as the " (name of district) drainage district tax," sufficient to raise an amount reported to them as herein provided, by the board of directors. The supervisors must determine the rate of such tax by de- 329 DRAINAGE. Act 987, §§ 43-48 ducting fifteen per cent for anticipated delinquencies from the total as- sessed value of the real property of the district within the county as it appears on the assessment-roll of the county, and then dividing the sum reported by the board of directors as required to be raised by the re- mainder of such total assessed value, §43. The tax so levied shall be computed and entered on the assess- ment-roll by the county auditor, and if the supervisors fail to levy the tax as provided in the preceding section, then the auditor must do so. Such tax shall be collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. § 44. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the sev- eral county officers with respect thereto, are, so far as they are appli- cable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. § 45. If the district is in more than one county, the treasury of the county wherein the district was organized shall be the repository of all the funds of the district. For this purpose the treasurers of any other cou-dties wherein is situated a portion of said district, must, at any time, not oftener than twice each year, upon the order of the board of direc- tors, settle with said board and pay over to the treasurer of the county where the district was organized, all moneys in their possession belong- ing to the district. Said last-named treasurer is authorized and re- quired to receive and receipt for the same, and to place the same to the credit of the district. He shall be responsible upon his official bond for the safekeeping and disbursement, in the manner herein provided, of these and all other moneys of the district held by him. § 46. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned by the treas- urer, to wit: Bond fund, construction fund, general fund, funding fund. § 47. The treasurer shall pay out of the same only upon warrants of the board of directors, signed by the president and attested by the sec- retary. The treasurer shall report in writing at each regular meeting of the board of directors and as often thereafter as requested by the board, the amount of money in the fund, the amount of receipts since his last report, and the amounts paid out; such reports shall be verified and filed with the secretary of the board. § 48. Upon the presentation of the coupons due, to the treasurer, he shall pay the same from the bond fund. Whenever said fund shall amount to the sum of ten thousand dollars in excess of an amount suf- ficient to meet the interest coupons due, the board of directors may Act 987, §§ 49-52 GENERAL LAWS. 830 direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in the manner hereinbefore provided for the sale of bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, under the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in said "bond fund" and may be used to redeem said district bonds whenever the holders thereof may desire. § 49. After adopting a plan for such conduits, drains, pumping plants, water-gates and other works as in this act provided for, the board of directors shall give notice by publication thereof not less than twenty days in one newspaper published in each of the counties composing the district (provided, a newspaper is published therein) and in such other newspapers as they may deem advisable, calling for bids for the con- struction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed shall be opened in public; and as soon as convenient thereafter the board shall let said work, whether in portions or as a whole, to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Con- tracts for the purchase of material shall be awarded to the lowest re- sponsible 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 fifty per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. §50. No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president, and counteri- signed by the secretary. § 51. 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. § 52. The board of directors shall have power to construct the works necessary for drainage purposes across any stream of water, watercourse, 831 DRAINAGE. Act 987. §§ 53-56 street, avenue, highway, railway, canal, ditch, or flume which the route of said conduits or drains may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same, when so crossed or intersected, to its former state as near as may be, or in such manner as not to have impaired unnecessarily its useful- ness; and every company whose railroad, and the board of supervisors, where any public highway shall be intersected or crossed by said works, shall unite with said board in forming said intersections and crossings, and grant the privileges aforesaid, and if such railroad company, or said board of supervisors, or the owners and controllers of the said property, thing, or franchise so to be crossed, and the said board cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as is herein provided in respect to the taking of property by condemnation. The right of way is hereby given, dedicated, and set apart, to locate, construct and maintain said works over and through any of the lands which are now or may be the property of this state. §53. Each member of the board of directors shall receive three dol- lars per day for each day's attendance at the m.eetirgs of the board, and actual and necessary expenses while engaged in official business under the order of the board. § 54. No director or any other officer named in this act shall in any manner be interested, directly 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 dol- lars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. § 55. The board of directors may at any time, when in their judgment it may be deemed advisable call a special election and submit to the qualified electors of the district the question, whether or not a special assessment shall be levied for the purpose of raising money to be ap- plied to any of the purposes provided in this act. Such election must he called upon the notice prescribed and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of section 27 of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used. At such elections the ballots shall contain the words "Assessment — Yes" or "Assessment — No." If two-thirds or more of the votes cast are "Assessment — Yes," the board shall proceed in the manner hereinbefore prescribed for raising the annual funds by taxation. When collected, the money shall be paid into the district treasury for the purpose specified in the notice of such special election. § 56. The board of directors shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the Act 987, §§ 57-59 GENERAL LAWS. 832 express provisions of this act; and any debt or liability incurred in ex- cess of such express provisions shall be and remain absolutely void; except for the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the surn of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent per annum. §57. The rights of way, ditches, drains, conduits, flumes, pipe-lines, dams, reservoirs, pumping plants, and other property of like character belonging to any drainage district shall not be taxed for state and county or municipal purposes. § 58. The board of directors shall within thirty days after the issue of any bonds herein provided for bring an action in the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of general circulation published in the county where the action is pending, such paper to be designated by the court having juris- diction of the proceedings. Jurisdiction shall be complete within thirty days after the full publication of such summons in the manner herein provided. Anyone interested may, at any time before the expiration of said thirty days, appear and by proper proceedings contest the validity of such bonds, and may in the same action or proceeding contest the validity of any bonds, coupons, or other evidences of indebtedness re- ferred 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 equals the fair and reasonable value of whatever the district may have received in consideration therefor, together with unpaid interest thereon, and the amount of such proiiortion shall be de- termined and adjudicated by 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 within three months from the time of taking such appeal. §59. If no such proceeding shall have been taken by the board of directors, then at any time after thirty days and within ninety days after the issue of any bonds under the provisions of this act, any dis- trict assessment payer may bring an action in the superior court of the county wherein the office of the board of directors is located, to deter- mine the validity of any such bonds. The board of directors shall be made parties defendant and service of summons shall be made on the members of the board personally, if they can be found within the state; if not, then by publication for three weeks in some newspaper, of gen- 833 DRAINAGE. Act 987, §§ 60-64 eral circulation witliin the county wherein the office of tho board of directors is located, such newspaper to be designated by the court hav- ing jurisdiction. Before such publication can be had, an affidavit, in the usual form shall be made, showing such facts. Said board shall have the right to appear and contest such action. Notice of said action shall be given by publication of summons therein in the same manner and for the same time as required in the preceding section hereof in actions brought by the publication of such summons in the manner herein provided. Any district assessment payer or anyone interested may ap- pear and defend said action, and thereafter the same proceedings shall be had in such action as are hereinbefore provided for in the preceding section hereof in actions brought by the board of directors, and the same matters determined and adjudicated by the court therein. Such action shall be speedily tried, with the right of 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 deter- mined within three months from the time of taking such appeal. § 60. At the hearing of such proceedings the court shall hear and determine the sufficiency of all proceedings. § 61, If more than one action shall be pending at the same time con- cerning similar contests in this act provided for, they shall be consoli- dated and tried together. § 62. The court hearing any of the contests herein provided for, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard any error, irregularity or omission which does*not affect the 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 inconsistent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The costs of any hear- ing or contest herein provided for may be allowed and apportioned be- tween the parties or attached to the losing party, in the discretion of the court. § 63. No contest of any matter or thing herein provided for shall be made other than within the time and manner herein specified. § 64. The boundaries of any drainage district now organized or here- after organized under the provisions of this act, may be changed, and tracts of land which were included within the boundaries of such dis- trict at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the districts nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which said district was or may become liable or Act 987, §§ 65-67 GENERAL LAWS. 334 chargeable, had said change of its boundaries not been made, or had not 6uch land been excluded from the district. § 65. The owner or owners in fee of one or more tracts of land which constitute a portion of a drainage district, may, jointly or severally, file with the board of directors of the district a petition, praying that such tract or tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The 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 description of such lands need not be more particular or certain than is required when the lands are entered in the assessment-book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. §66. The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be ex- cluded lie within another county or counties, then said notice shall be 60 published in a newspaper published within each of said counties; or, if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the llnds proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meet- ing of the board next after the expiration of the time for the publica- tion of the notice. § 67. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all evidence of proofs that may or shall be introduced by or on behalf of the petitioner or petitioners, and all objections to such petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objec- tions. Such evidence shall be taken down, in shorthand, and a record made theroof and filed with the board. The failure of any person inter- ested in said district, other than the holders of bonds thereof outstanding 335 DRAINAGE. Act 987, §§ 68-70 at the time of the filing of said petition with said board, to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from said district; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof. The expenses of giving said notice and of the aforesaid proceedings shall be paid by the person or persons filing such petition. § 68. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the dis- trict that the lands, or some portion thereof, mentioned in the petition should be excluded from the district, the board shall order that said petition be denied as to such lands; but if the said board deem it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district show cause in writing, why the said lauds, or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws the same, or upon the hearing fails to establish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district. § 69. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be excluded from said district by order of said board, may be ex- cluded from the district; and if said lands, or any portion thereof, be thereafter excluded from the district, the lands so excluded shall be re- leased from the lien of such outstanding bonds. The assent must be acknowledged by the several holders of such bonds in the same manner and form as is required in case of a conveyance of land, and the ac- knowledgment 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 secretary of said board, shall be admissible in evidence, with the same effect as the said assent, and such certified copy thereof may be recorded in the office of the county recorder of the county wherein said lands are situated. § 70. In the event the said board of directors shall exclude any lands from said district upon petition therefor, it shall be the duty of the board of directors to make an entry in the minutes of the board, describ- ing the boundaries of the district, should the exclusion of said lands from Act 987, §§ 71-74 GENERAL LAWS. 336 Baid district change the boundaries of said district, and for that pur- pose 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, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the land of the district; but said district, notwithstanding such exclusion, shall be and remain a drainage district as fully to every 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. § 71. If the lands excluded from any district under this act shall embrace the greater portion of any division or divisions of such dis- trict, then the office of director for such division or divisions shall be- come and be vacant at the expiration of ten days from the final order of the board excluding said lands; and such vacancy or vacancies shall be filled by appointment by the board of supervisors of the county where the office of such board is situated, from the district at large. A director appointed as above provided shall hold his office until the next regular election for said district, and until his successor is elected and quali- fied. §72. At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing said district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second, third and so on, and one director shall be elected by each division. For the purposes of elections in such district, the said board of directors must establish a convenient number of election precincts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary. §73. A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who as such guardian, executor, or 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, sign and acknowledge the petition in section 65 of this act mentioned, and may show cause, as herein pro- vided, why the boundaries of the district should not be changed. §74. Nothing herein provided shall, in any manner, operate to re- lease any of the lands so excluded from the district from any obliga- tion to pay, or any lien thereon, of any valid outstanding bonds or other indebtedness of said district at the time of the filing of said petition for the exclusion of said lands, but upon the contrary, said lands shall be held subject to said lien, and answerable and chargeable for and with the payment and discharge of all of said outstanding obligations at the time of the filing of the petition for the exclusion of said land, as fully 837 DRAINAGE. Act 987, §§ 75-77 as though said petition for such exclusion were never filed and said order of exclusion never made; and for the purpose of discharging such outstanding indebtedness, said lands so excluded shall be deemed and considered as part of said drainage district the same as though said petition for its exclusion had never been filed or said order of exclusion never made; and all provisions which may have been resorted to to com- pel the payment by said lands of its quota or portion of said outstanding obligations, had said exclusion never been accomplished, may, notwith- standing said exclusion, be resorted to to compel and enforce the payment on the part of said lands of its quota and portion of said outstanding obligations of said drainage district for which it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any obligation of any nature or kind whatever, incurred after the filing with the board of directors of said district of the peti- tion for the exclusion of said lands from the said district; provided, that the provisions of this section shall not apply to any outstanding feonds, the holders of which have assented to the exclusion of such lands from said district, as hereinbefore provided. §75. The boundaries of any drainage district now organized or here- after organized under the provisions of this act may be changed in the manner herein prescribed, but such change of the boundaries of the dis- trict 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. § 76. The holder or holders of title, or evidence of title, representing one-half or more of any body of lands adjacent to the boundary of a drainage district, which are contiguous and which taken together, con- stitute one tract of land, may file with the board of directors of said district a petition, in writing, praying that the boundaries of said dis- trict may be so changed as to include therein said lands. The petition shall describe the boundaries of said parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the peti- tioners, if the petitioners be the owners, respectively, of distinct parcels, but such descriptions need not be more particular than they are re- quired to be when such lands are entered by the county assessor in the assessment-book. Such petition must contain the assent of the petition- ers to the inclusion within said district of the parcels or tracts of land described in the petition, and of which said petition alleges they are, respectively, the owners; and it must be acknowledged in the same man- ner that conveyances of land are required to be acknowledged. § 77. 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 6»fi- tAWS — *2 Act 987, §§ 78-80 GENERAL LAWS, 838 the filing of such petition and the names of the petitioners, a descrip- tion of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to 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. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all pro- ceedings arising from such petition. § 78. The board of directors, at the time and place mentioned in the gaid 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, presented in writing by any person showing cause as aforesaid why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said dis- trict, or in the matter of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as afore- said, 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 described in said peti- tion. §79. The board of directors to whom such petition is presented, may require, as a condition precedent to the granting of the same, that the petitioners shall 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 included in such district at the time the same was originally formed. § 80. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed and if no person inter- ested in said district or the proposed change of its boundaries shows cause, in writing, why the proposed change should not be made, or if, having shown cause, 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 de- scribe the boundaries as changed, and shall also describe the entire 339 DRAINAGE. Act 987, §§ 81-84 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. § 81. If any person interested in said district of the proposed change of its boundaries, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands men- tioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be included within the boundaries of the district when changed. § 82. Upon the adoption of the resolution mentioned in the last pre- ceding 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 can- vassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by this act in case of a special election to determine whether bonds of a drain- age district shall be issued. The ballots cast at said election shall con- tain the words "For change of boundary" or "Against change of boundary" or words equivalent 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. § 83. If at such election a majority of all the votes cast at said elec- tion shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries be changed in accordance with said resolution adopted by the board. The said order shall describe the entire bound- aries of said district, and for that purpose the board may cause a sur- vey of such portions thereof to be made as the board may deem necessary. § 84. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certi- fied by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district, and thereupon the district shall be and re- main a drainage district, as fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included tbeveia at the original organ- ization of the district. Act 987, §§ 85-89 GENERAL LAWS. 340 § 85. Upon the filing of the copies of the order, as in the last pre- ceding 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. § 86. A guardian, an executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guard- ian, 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 section 76 of this act mentioned and may show cause why the boundaries of the district should not be changed. § 87. In case of the inclusion of any land within any district by pro- ceedings under this act, the board of directors, must, at least thirty days prior to the next succeeding general election, make an order redivid- ing 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 elector shall thereafter be elected by each division. For the purpose of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary. § 88. "Whenever the board of directors of a drainage district hereto- fore organized, or hereafter organized under the provisions of this act, shall determine that the authorized bonded indebtedness of such drain- age district is greater than such district is liable to need to complete its system as planned, and there be no outstanding bonds, the board of directors may call a special election for the purpose of voting upon a proposition to reduce such bonded indebtedness to such sum as the board may determine to be sufficient for such purpose. § 89. Notice of the said election shall be given in the same manner as provided in section 27 of this act, in relation to calling special elections for issuance of bonds. The notice of election must state the amount of the authorized bonded indebtedness of such district, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held and the polling-places, as established by said board of directors. The ballots cast at said election shall contain the words "For reducing bonds — Yes," or "For reducing bonds — No." When the vote is canvassed by the board of directors and entered of record, if a majority of the votes cast shall be "For reducing bonds — Yes," then in that event the board of directors shall only be empowered to issue or sell the amount of bonds as was stipulated in the said notice of such special election; but if a majority of said votes are not "For reducing bonds — Yes," then the authority to issue bonds shall remain the same as before said special election was held. 341 DRAINAGE. Act 987, §§ 90-94 § 90. In case there be outstanding bonds of any district desiring to take advantage of the provisions of sections 88 and 89 of this act con- cerning reduction of bonded indebtedness, the assent of such bondholders may be obtained to such reduction of the bonded indebtedness, in the same manner as provided in section 69 of this act. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be empowered to take advantage of all the provisions of said sections of this act, but not otherwise. No reduction of the bonded indebtedness, as in this act provided shall in any manner affect any order of court that may have been made, adjudicating and confirming the validity of said bonds. § 91. Whenever there remains in the hands of the board of directors of any drainage district organized under the provisions of this act, after the completion of its drainage system, and the payment of all demands against such district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of funds, for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds, or so many of them as may be deemed best, or may submit such proposition at a general election. § 92. Such election shall be held in the same manner as other elec- tions held under the provisions of this act. A notice of such election shall be given in the same manner as provided in section 27 of this act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded indebtedness of such district authorized by the vote of the district, the amount of the bonds 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 elec- tion shall contain the words "For destroying bonds— Yes" and "For de- stroying bonds — No," and the voter must erase the word "No" in case he favors the destruction of bonds, otherwise the word "Yes." § 93. When the vote is canvassed by the board of directors and en-' tered of record, if a two-thirds majority of the votes cast should be found to be in favor of the destruction of said bonds, then the presi- dent of the board, in the presence of a majority 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 electors of said district, and no part thereof shall thereafter be reprinted or reissued. §94. Nothing in this act shall be so construed as to affect the valid- ity of any district heretofore organized under the laws of this state, or its rights in or to property, or any of its rights or privileges of what- soever kind or nature; but said districts are hereby made subject to the provisions of this act so far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge, for or upon which it was or might become liable or chargeable had not this act been passed. Acts 988, 992 GENERAL LAWS, 342 § 95. Nothing in this act shall be construed as repealing or in any- wise modifying the provisions of any other act relating to the subject of drainage except such as may be contained in the act entitled "An act to provide for the organization and government of drainage dis- tricts, for the drainage of agricultural lands other than swamp and over- flowed lands," approved March thirty-first, eighteen hundred and ninety-seven, and any subsequent acts supplementary thereto, or amenda- tory thereof, all of which acts, so far as they may be inconsistent here- with, are hereby repealed. § 96. This act shall take effect from and after its passage and ap- proval. ACT 988. An act to provide for drainage by irrigation districts. [Approved March 18, 1907. Stats. 1907, p. 569.] § 1. Any irrigation district heretofore organized or hereafter to be organized under the laws relating to such districts may provide for any and all drainage made necessary by the irrigation provided for by such laws; and the officers, agents and employees of such districts shall have the same powers, duties and liabilities respecting such drainage, and the construction, repair, maintenance, management and control thereof as they now have or may hereafter have respecting such irrigation, and all laws respecting such irrigation or such irrigation districts shall be so construed, applied and enforced as to apply to such drainage as well as Buch irrigation. §2. Whenever it appears necessary, or proper, or beneficial to the lands affected thereby, to drain such lands or any portion thereof on account of the irrigation which has been done, or which is intended to be done under such laws, whether for the purpose of more beneficially carrying on such irrigation, or to protect such districts from liability by reason of such irrigation, whether the irrigation works have already been constructed or not, it shall be the duty of the board of directors to provide for such drainage, and said board and its officers, agents and employees shall do all necessary and proper acts for the construction, repair, maintenance and management of drainage work for such pur- pose. § 3. This act shall take effect immediately. TITLE 146. EL DORADO COUNTY. ACT 992. Protection of agriculture in, and prevention of animals from trespassing. [Stats. 1875-76, p. 356.] Repealed 1877-78, p. 557. 343 EL DORADO COUNTY. Acts 993, 1003 ACT 993. Authorizing assessor to appoint one or more deputies. [Stats. 1877-78, p. 110.] Repealed by County Government Act, 1897, p. 549, § 190. ACT 994. Board of auditors of, creating and prescribing powers of. [Statsu 1873-74, p. 825.] Amended 1875-76, p. 681; 1877-78, p. 281. Superseded by County Govern- ment Act, 1897, p. 452. ACT 995. For the funding of the bonded indebtedness of. [Stats. 1877-78, p. 1046.] ACT 996. . Lawful fences in. [Stats. 1869-70, p. 584.] ACT 997. Mud Springs township, trespassing of animals noon private property in. [Stats. 18>3-74, p. 859.] "Modified and probably repealed by estray law, 1897, p. 198; 1901, p. 603." — Code Commissioner's Note. ACT 998. Improvement of roads in. [Stats. 1877-78, p. 545.] Repealed 1883, p. 5, c. X, § 2. ACT 999. Koads and highways in. [Stats. 1871-72, p. 372.] Amended 1873-74, p. 771. Repealed 1883, p. 5, c. X, § 2. ACT 1000. Fixing the salaries of certain officers in. [Stats. 1877-78, p. 778.] Repealed by County Government Act, 1897, p. 549, § 190. ACT 1001. Kegulating fees and salaries in. [Stats. 1869-70, p. 198.] Amended 1869-70, p. 747; 1871-72, pp. 412, 592, 894; 1873-74, p. 710. "Repealed as to the fees and salaries therein named by the various County Government Acts and the fee bill of 1895, 267." — Code Commissioner's Note. ACT 1002. Supervisors, organizing board of, and defining duties of. [Stats. 1873-74, p. 872.] Repealed by County Government Act, 1897, p. 452. ACT 1003. Authorizing supervisors to levy a special tax. [Stats. 1871-72, p. 793.] Superseded by subd. 18, § 25, County Government Act, 1897, p. 463, Acts 1004-1014 GENEEAL LAWS, 844 ACT 1004. Levy of taxes for county purposes and for reclemption of bonded indebt- edness of. [Stats. 1877-78, p. 75.] ACT 1005. Disposition of proceeds of poll taxes in. [Stats. 1873-74, p. 941.] Repealed by Political Code, § 3861. ACT 1006. Treasurer of to transfer certain funds. [Stats. 1875-76, p. 311.] Amended 1877-78, p. 638. Superseded by subd. 18, § 25, County Government Act, 1897, p. 463. ACT 1007. Providing for election of treasurer and collector and fixing their com- pensation. [Stats. 1871-72, p. 377.] Superseded by County Government Act, 1897, p. 452, §§ 55, 190. TITLE 147. ELECTIONS. ACT lOlL Providing for general primary elections, to promote the purity thereof by regulating the conduct thereof and to support the privilege of free suffrage thereat by prohibiting certain acts and practices in re- lation thereto and providing for the punishment thereof and for other purposes. [Stats. 1897, p. 115.] Citations. Cal. 118/302; 129/340. Unconstitutional: Spier v. Baker, 120 Cal. 370. Primary elections: See Political Code, §§ 1357-1380. ACT 1012. Providing for a general primary election in counties of certain classes. [Stats. 1895, p. 207.] "Unconstitutional. (Marsh v. Hanly, 111 Cal. 368; Gett v. Sapevvisirs, 111 Cal. 366.) Superseded by Political Code, §§ 1357-1375, added 1901, p. 606."— Code Commissioner's Note. ACT 1013. An act to provide for and regulate primary elections and providing the method whereby electors of political parties may express their choice at such primary elections for United States Senator. [Approved March 24, 1909. Stats. 1909, p. 691.] This act appears in full in Appendix, Political Code, p. 1782. ACT 1014. In relation to elections held under the authority of section 8, article XI, of the Constitution, to elect boards of freeholders, or to vote upon proposed charters, or upon amendments to existing charters. [Stats. 1897, p. 288.] 345 ELECTIONS. Acts 1015-1020 RepenTed 1890, p. 63. See Act 367, ante. Citations. Cal. 126/392. ACT 1015. To promote the purity of elections by regulating the conrluct thereof, and to support the privilege of free suffrage by prohibiting certain acts and privileges in relation thereto, and providing for the pun- ishment thereof. [Stats. 1893, p. 12.] Amended 1895, p. 227; 1905, p. 37; 1905, p. 93. Repealed 1907. p. 671. Codified in part by Amendments of Penal Code, 1905. See §§ 42, 42a, 46, 47, 49, 50. 51, 54a, 54t., 57, 57a, 59, Penal Code. Citations. Cal. 104/528; 106/421; 112/675; 133/198, 201; 141/415, 416; 146/314; 154/280. "Unconstitutional in so far as it requires an oath of a successful candidate for office, in addition to that prescribed by the constitution. (Bardley v. Clark, 133 Cal. 196.) Section 32 of the act is constitutional. (Ex parte Cohen, 101 Cal. 524; Rebstock v. Superior Court, 146 Cal. 314). Certain sections superseded in Penal Code, §§42, 63b (1905, pp. 639-645)." — Code Commissioner's Note. ACT 1016. Intoxicating liquors, preventing sale of on election days. [Stats. 1873- 74, p. 297.] Citations. Cal. 92/198. Codified by § 63b, Penal Code. ACT 1017. Election tickets, to prevent circulation of bogus, and to prevent frauds upon voters. [Stats. 1877-78, p. 180.] Amended 1889, p. 209. Repealed by Political Code, §§ 1196, 1197. ACT 1018. Piece clubs, prohibition of. [Stats. 1877-78, p. 2.36.] "Modified, if not repealed, by the purity of elections act, 1893, 12." — Code Commissioner's Note. In full in Appendi.x-, Penal Code, p. 2034. ACT 1019. Concerning special elections. [Stats. 1877-78, p. 73.] Citations. Cal. 130/94. "Not repealed, but not applicable to existing laws, because there is now no great register. As to cities, see 1899, 63." — Code Commissioner's Note. ACT 1020. Creating a state commission in voting or balloting machines, defining their powers, and providing for the use at the option of indicated local authorities of voting or ballot machines for receiving and registering the vote in one or more precincts of any county, or city and county, city or town, at any or all elections held therein, and for ascertaining the result at such elections; and providing for the Acts 1021-1031 GENERAL LAWS. 346 punishment of all violations of the provisions of this act. [Stats. 1903, p. 262.] Amended 1907, p. 288; 1907, p. 644, Supp. 1907, p. 647. This act appears in full in Appendix, Political Code, p. 1813. ACT 1021. An act to regulate the conduct of election campaigns and repealing an act entitled "An act to promote the purity of elections by regulat- ing the conduct thereof and to support the privilege of free suf- frage by prohibiting certain acts and practices in relation thereto and providing for the punishment thereof," approved February 23, 1893. [Approved March 19, 1907. Stats. 1907, p. 671.] This act is set forth at length in Appeiuli.x, Political Code, p. 1808. TITLE 148. ELISOES. ACT 1026. Fees of. [Stats. 1873-74, p. 794.] Superseded by County Government Act, 1897, p. 481, § 105. TITLE 149. EMIGRATION. ACT 1031. An act to promote emigration from the state of California. [Approved March 26, 1880. Stats. 1880, p. 15 (Ban. ed. 50).] § 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 ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever showing that such per- son has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, company, corpora- tion, 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 ticket to any person to any foreign country, shall be guilty of a misdemeanor, and upon con- viction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any passport or other docu- ment required by law to be presented, having the signature or seal of any foreign consul resident within this state. §2. This act shall take effect on and after its passage. 347 EMPLOYMENT AGENTS. Acts 1036, 1037 TITLE 150. EMPLOYMENT AGENTS. ACT 1036. Defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fixing penalties therefor. [Stats. 1903, p. 14.] Amended 1905, p. 143; 1909, pp. 137, 149. See Act 1037. Citations. Cal. 144/235. ACT 1037. An act to regulate and license the conducting and operating of employ- ment agencies and to provide a revenue therefrom, for the enforce- ment, of the provisions of this act and other acts relating to employment agents and employment agencies. [Approved March 6, 1909. Stats. 1909, p. 191.] Employment agency defined. § 1. Any business, pursued for profit, for furnishing directly or indi- rectly, to persons seeking employment, information enabling, or tending to enable such persons to secure such employment, or registering for any fee, charge, or commission, the names of any persons seeking employ- ment as aforesaid, shall be deemed to be an employment agency within the meaning of this act. License, requirement for. § 2. Every person, firm, corporation or association who conducts or operates an employment agency in the state of California, without first procuring a license therefor, as provided in this act, is guilty of a mis- demeanor. How issued. § 3. Licenses granting the privilege to conduct or operate employment agencies shall be issued and delivered upon application, by the commis- sioner of the bureau of labor statistics, which license shall contain th^ name of the person, firm, corporation or association, seeking to conduct or operate an employment agency, and the exact location of the employ- ment agency. Fees for. §4. The licenses herein provided for shall be issued as follows: To any person, firm, corporation or association, conducting or operating, or seeking to conduct or operate, an employment agency 1. In cities of the first, first and one-half and second classes upon payment of fifty dollars. 2. In cities of the third and fourth classes, upon payment of twenty- five dollars. 3. In all other cities and towns, upon payment of six dollars. Act 1037, §§ 5-11 GENERAL LAWS. 348 Names of agents must "be given. § 5. Every person, firm, corporation or association applying for and procuring a license as herein provided, shall give to the commissioner of the bureau of labor statistics, the name and resident address of such person, or the names and resident addresses of the partners of such firms, or the names and resident addresses of the officers and directors of such corporations or associations, and the city or town, street and number where the employment agency is conducted or operated, or sought to be conducted and operated. Term of license. § 6. All licenses issued as herein pro-vided shall be valid, and shall authorize the person, firm, corporation or association to whom issued, to conduct or operate an employment agency on and from the date of issuing to the thirty-first day of March following, but no license shall continue in force for a longer period than one year. Disposition of fees and fines. §7. All moneys collected for licenses as provided herein, and all fines collected for violation of the provisions hereof, shall be paid into the state treasury and credited to the contingent fund of the bureau of labor statistics. Branch agencies, separate licenses required for. § 8. Every person, firm, corporation or association conducting or operating, or seeking to conduct or operate branch employment agencies in the same or different localities must procure a separate license for such branch employment agencies; and no license issued as herein pro- vided shall be transferable or used by any other person, firm, corpora- tion or association than the one to whom it was issued, or used in a different location than the one for which it was issued, without the written consent of the commissioner of the bureau of labor statistics. Must be posted. § 9. All licenses issued as herein provided, shall be posted in a con- spicuous place, and any person, firm, corporation or association having such license and who refuses to exhibit the same upon demand of any officer or agent of the bureau of labor statistics, or any peace officer of the state, shall be guilty of a misdemeanor; and any person, firm, cor- poration or association lawfully having such licenses, and who trans- fers or disposes of the same to another person, firm, corporation or as- sociation to be used as an employment agency license, shall forfeit the same. Penal clause. § 10. Every person, firm, corporation or association violating any of the provisions of this act, shall upon conviction thereof, be guilty of a misdemeanor. Revocation of license. § 11. Upon conviction, of any person, firm, corporation or association for the violation of any of the provisions of this act, or an act entitled, u49 ESCAPE — ESTABLISHMENT OF TITLES. Acts 1041-1043 "An act defining the duties and liabilities of employment agents, mak- ing the violation thereof a misdemeanor, and fixing the penalties there- for," approved February 12, 1903, the commissioner of the bureau of labor statistics shall have the right to revoke all licenses issued to such person, firm, corporation or association, enabling them to conduct or operate an employment agency. Municipal taxes. §12. Nothing in this act shall be construed to prevent the collection of any tax or license by any county or municipal authority. § 13. All acts or parts of acts in conflict with this act are hereby repealed. § 14. This act shall take effect and be in force on and after April first, 1909. TITLE 151. ESCAPE. ACT 1041. Concerning the escape of convicts of the state's prison. [Stats. 1855- p. 203.] This act related to the arrest, trial, recommitment, and punishment of con- victs who had escaped. Superseded by Penal Code, §§ 105-111. TITLE 152. ESCHEAT. AOT 1046. Concerning escheated estates. [Stats. 1852, p. 103.] Amended 1855, p. 221; 1862, p. 27; 1869-70, p. 72. Superseded by Code of Civil Procedure, §§ 1269-1272. ACT 1047. To provide for the sale of escheated estates. [Stats. 18G7-68, p. 215.] auperseded by Code of Civil Procedure, §§ 1269-1272. TITLE 153. ESTABLISHMENT OF TITLES. ACT 1048. An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records. [Approved June 16, 1906; 78. Amended 1909, p. 163; Supp. 1907, p. 950.] § 1. Whenever the public records in the office of a county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire or earthquake, any person who claims an estate cf inheritance, or for life in, and who is by himself or his tenant. Act 1C48, §§ 2-4 GENERAL LAWS. 350 or other person, holding under him, in the actual and peaceable posses- sion of any real property in such county, may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all -adverse claims thereto. Any number of separate parcels of land claimed by the plaintiff may be included in the same action. § 2. The action shall be commenced by the filing of a verified com- plaint, in which the party so commencing the same shall be named as plaintiff, and the defendants shall be described as "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof," and shall contain a statement of the facts enumerated in section one of this act, a particular description of such real property, and a specification of the estate, title, or interest of the plaintiff therein. §3. Upon the filing of the complaint, a summons must be issued under the seal of the court, which shall contain the name of the court and county in which the action is brought, the name of the plaintiff and a particular description of the real property involved, and shall be di- rected to "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof," as defendants, and shall be substantially in the following form: "In the superior court of the state of California in and for the county (or city and county) of ." Action No. . Plaintiff, vs. All persons claiming any interest in, or lien upon, the real property herein described or any part thereof. Defendants. The People of state of California, to all persons claiming any interest in, or lien upon, the real property herein described or any part thereof, defendants, greeting: You are hereby required to appear and answer the complaint of , plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the county (or city and county) of , state of California, particularly described as follows: (Here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the com- plaint, to wit: (Here insert a statement of the relief so demanded.) Witness my hand and the seal of said court, this day of A. D. . (Seal) Clerk." § 4. The summons shall be published in a newspaper of general cir- culation published in the county in which the action is brought. The 851 ESTABLISHMENT OF TITLES. Act 1048, §§ 5, 6 newspaper in which such publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of two months, and to each publication thereof shall be appended a memoran- dum is substance as follows: "The first publication of this summons was made in (here in- sert name) newspaper on the day of A. D. ," (inserting the date). And if the affidavit provided for in section five of this act discloses the name of any person claiming an interest in the property, or a lien thereon adverse to the plaintiff, that fact, together with the name and address (if given) of said person shall be stated in a memorandum to be appended to the summons in substance as follows: "The following persons are said to claim an interest in, or lien upon said property adverse to plaintiff" (giving their names and addresses as above provided). A copy of the summons, together with a copy of the foregoing memoranda, shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within fifteen days after the first publication of the summons. § 5. At the time of filing the complaint, the plaintiff shall file with the same his affidavit, fully and explicitly setting forth and showing (1) the character of his estate, right, title, interest or claim in, and possession of the property, during what period the same has existed and from whom obtained; (2) whether or not he has ever made any convey- ance of the property, or any part thereof, or any interest therein, and if so when and to whom; also a statement of any and all subsisting mortgages, deeds of trust, and other liens thereon; (3) that he does not know and has never been informed of any other person who claims or who may claim, any interest in, or lien upon, the property or any par'' thereof, adversely to him, or, if he does know or has been informed of any such person, then the name and address of such person. If the plaintiff is unable to state any one or more of the matters herein re- quired, he shall set forth and show, fully and explicitly, the reasons for such inability. Such affidavit shall constitute a part of the judgment- roll. If the plaintiff be a corporation, the affidavit shall be made by an officer thereof. If the plaintiff be a person under guardianship the affidavit shall be made by his guardian. § 6. If the said affidavit discloses the name of any person claiming any interest in, or lien upon, the property adverse to the plaintiff, the summons shall also be personally served upon such person if he can be found within the state, together with a copy of the complaint and a copy of said affidavit during the period of the publication of the sum- mons; and to the copy of the summons delivered to any such person there shall be appended a copy of the memorandum provided for in sec- tion 4 hereof. Act 1048, §§ 7-11 GENERAL LAWS. 352 If such person resides out of this state a copy of the summons, mem- oranda, complaint and affidavit shall be within fifteen days after the first publication of the summons deposited in the United States post- office, inclosed in a sealed envelope, postage prepaid, addressed to such person at the address given in the affidavit or if no address be given therein, then at the county seat at the county in which the action is brought. If such person resides within this state and could not with due diligence be found within the state, within the period of the pub- lication of the summons, then said copies aforesaid shall be mailed tu him as above provided forthwith upon the expiration of said period o' publication. §7. Upon the completion of the publication and posting of the sum- mons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served the court shall have full and complete jurisdiction over the plaintiff and the said property and of the person of every one having or claiming any estate, right, title or interest, in or to, or lien upon, said property, or any part thereof, and shall be deemed to have obtained the possession and control of said property for the purposes of the action, and shall have full and complete jurisdiction to render the judgment therein which is provided for in this act, § 8. At any time within three months from the first publication of the summons, or within such further time, not exceeeding thirty days as the court may, for good cause, grant, any person having or claiming any estate, right, title or interest, in or to, or lien upon, said property or any part thereof, may appear and make himself a party to the action by pleading to the complaint. All answers must be verified and must specifically set forth the estate, right, title, interest, or lien so claimed. §9. The plaintiff must, at the time of filing the complaint and every defendant claiming any affirmative relief must, at the time of filing his answer, record in the office of the recorder of the county in which the property is situated, a notice of the pendency of the action containing the object of the action or defense, and a particular description of the property affected thereby; and the recorder shall record the same in a book devoted exclusively to the recordation of such notices and shall enter, upon a map or plat of the parcels of land, to be kept by him for that purpose, on that part of the map or plat representing the parcel or parcels so described a reference to the date of the filing of such notice and, when recorded, to the book and page of the record thereof. §10. No judgment in any such action shall be given by default; but the court must require proof of the facts alleged in the complaint and other pleadings. § 11. The judgment shall ascertain and determine all estates, rights, titles, interests and claims in and to said property and every part thereof, whether the same be legal or equitable, present or future, vested or 353 ESTABLISHMENT OF TITLES. Act 1048, §§ 12-18 contingent, or whether the same consist of mortgages or Hens of any description and shall be binding and conclusive upon every person who, at the time of the commencement of the action, had or claimed any estate, right, title, or interest in or to said property, or any part thereof, and upon every person claiming under him by title subsequent to the commencement of the action. A certified copy of the judgment in such action shall be recorded in the office of the recorder of the county in which said action was commenced, and any party or the successor in interest of any party to said action may, at his option, file for record in the office of the recorder of such county the entire judgment-roll in said action. § 12. Except as herein otherwise provided, all the provisions and rules of law relating to evidence, pleading, practice, new trials and appeals applicable to other civil actions shall apply to the actions hereby author- ized. At any time after the issuance of the summons, any party to the action may take depositions therein in conformity to law upon notice to the adverse party sought to be bound by such depositions and who have ap- peared in the action (if any) and upon notice filed with the clerk. The depositions may be used by any party against any other party giving or receiving the notice (except the clerk), subject to all just exceptions. § 13. The clerk shall number consecutively in a distinct series, all actions hereby authorized and shall keep an index and register thereof, devoted exclusively to such actions. § 14. Whenever judgment in an action hereby authorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this act shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in section 6 of this act, either within or without this state more than one month before the time to plead expired. § 15. An executor, administrator or guardian or other person holding the possession of property in the right of another, may maintain, as plaintiff, and may appear and defend in the action herein provided for. § 16. The word "county" whenever used in this act includes and applies to a consolidated city and county. § 17. The remedies provided for by this act shall be deemed cumu- lative, and in addition to any other remedy now or hereafter provided by law for quieting or establishing title to real property. §18. All actions authorized hereby must be commenced before Jan- uary 1, 1911. [Amendment approved March 6, 1909. Stats. 1909, p. 163.] Gen. Laws — 23 Acts 1052-1056 GENERAL LAWS. 354 § 19. This act shall be in force thirty days after its passage. Construction and Constitutionality. See note to this act in Appendix, Code of Civil Procedure, p. 1948. TITLE 154. ESTATES OF DECEASED PERSONS. ACT 1052. Estates of deceased persons, collection of savings bank deposits by ne tt of kin. [Stats. 1873-74, p. 132.] Amended in every section, 1895, § 32. Codified by § 1454 of Code of Civil Procedure: See Code Civil Procedure, § 1454, Collection of deposit under $500 by next of kin: See § 16 of Banking Act of 1909; Stats. 1909, p. 90. This act is set forth at length in Appendix, Civil Code, p. 1856. ACT 1053. Estates of deceased persons, regulating settlement of, supplementing ar*' of May 1, 1851. [Stats. 1871-72, p. 696.] Superseded by Code of Civil Procedure, § 1632. Citations. Cal. 52/188; 53/350; 66/57; 71/73. ACT 1054. To provide for the summary sale of mines or mining interests belotg- ing to estates of deceased persons. [Stats. 1865-66, p. 359.] Superseded by Code of Civil Procedure, §§ 1529-1533. ACT 1055. Authorizing certain corporations to act as executor, administrator, guar- dian, assignee, receiver, depositary or trustee, and in other capaci- ties and to provide for and regulate the administration of trusts by such corporations. [Stats. 1891, p. 490.] Amended 1897, p. 424; 1903, p. 244; 1905, p. 232; 1907, p. 562. Citations. App. 5/164. This act appears in full in the Appendix, Civil Code, p. 1900. It authorized deposits to be made with such corporations and the reduction of the bond of an executor, guardian, etc., depositing with such corporation. ACT 1059. An act to provide for the investment of the moneys in the estates of deceased persons fund and also to provide for payment of interest received into the state school fund. [Approved February 22, 1909. Stats. 1909, p. 37.] § 1. Whenever and as often as there is in the state treasury to the credit of the estates of deceased persons fund (in excess of the reten- tion hereinafter provided for) the sum of ten thousand dollars or more, the state board of examiners must invest the same in the bonds of this state, or in the bonds of the United States, or in the bonds of the sev- 355 ESTRAYS. Act 1059 eral counties, city and county, cities or towns, or school districts of this state; the investments to be made in such manner and on such terms as the board shall deem best for the fund; provided, that no investment shall be made which with the amounts previously invested shall reduce the uninvested portion of the fund below the amount of ten thousand dollars. §2. Bonds purchased by the state board of examiners under the pro- visions of this act must be delivered to the state treasurer, who shall keep them as a portion of said estates of deceased persons fund, and the interest upon such bonds shall be paid into the state school fund and apportioned like other moneys employed for the support of common schools. § 3. It is the intent of this act that there shall at all times be re- tained in said estates of deceased persons fund, in the form of cash available for meeting the demands of persons holding legal claims against such fund, the sum of at least ten thousand dollars, and wlienever by reason of payments made out of the fund the amount of cash therein shall be reduced below the specified amount of ten thousand dollars, it shall be the duty of the state board of examiners to sell such bonds belonging to said fund as they may deem proper, for the purpose of making good the cash retention of ten thousand dollars. §4. This act shall take effect from and after its passage. TITLE 155, ESTEAYS. ACT 1059. An act concerning trespassing of animals upon private lands, and the recovery of damages resulting therefrom. [Approved March 23, 1907. Stats. 1907, p. 999.] § 1. It is unlawful for any person, firm or corporation owning, or having possession of, any animal, to suffer or permit such animal to break into and enter upon any land owned by, or lawfully in the pos- session of any person, firm or corporation, other than the owner of such animal, in all cases where such land is planted to growing crops, vines, fruit trees or vegetables, and is at the time entirely inclosed by a sub- stantial fence or other inclosure. §2. The owner of, or person who is in the lawful possession of, any land trespassed upon, in violation of this act, is entitled to recover, by action in a court of competent jurisdiction, from the owner of, or per- son in possession of, or person chargeable with the care of, the tres- passing animal or animals, all actual damages sustained by reason of such trespass, together with costs of suit. § 3. For the purpose of allowing the plaintiff a better security for the payment of any judgment he may recover in actions brought under the Act 1060 GENERAL LAWS, 356 first two sections of this act, all the provisions of the Code of Civil Procedure of this state relating to attachment process shall apply to such actions, subject only to the following modifications, to wit: In- stead of filing the affidavit on attachment, required by sections five hundred and thirty-eight and eight hundred and sixty-six of said code, the plaintiff is entitled to the issuance of a writ of attachment against the property of defendant, upon filing his complaint stating a cause of action under this act, verified according to the law concerning the veri- fication of pleadings. §4. No animal is exempt from attachment or execution, levy and sale, to satisfy a judgment that may be rendered against the owner of such animal for trespass committed by such animal. § 5. In all other matters than those in which a different rule is herein prescribed the course of procedure prescribed in the Code of Civil Pro- cedure of this state shall prevail in suits brought under this act. §6. All acts and parts of acts in conflict with this act are hereby repealed; provided, nothing in this act shall be deemed or construed to repeal an act of the legislature of this state relating to estrays, approved March 23d, 1901. § 7. This act shall take effect and be in force from and after its passage. Estrays: See Act 1060. ACT 1060. An act relating to estrays, providing for taking thera up and giving a lien on them for. all damages, costs, and expenses incurred by rea- son of taking them up, and repealing all other acts and parts of acts now in force relating to estrays. [Approved March 23, 1901. Stats. 1901, p. 603. Amended 1905, p. 395; 1907, p. 132; 1909, p. 1060, 1079.] • Compare act Stats. 1907, p. 999, ante, Act 1059. § 1. Any person finding at any time any estray domestic animal or animals upon his premises, or upon premises to which he has the right of possession, or upon highways adjacent thereto, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as hereinafter provided; and no person shall remove them from the possession of the taker-up, or from the possession of the officer to whom they may have been delivered, except as hereinafter provided. §2. The word "estray" as used in this act is intended to include all domestic animals that have strayed upon, or been found upon, lands other than those of their owner, or the public domain, or lands whose owner (or to which the person in possession thereof) has consented, may be passed over, or allowed to be entered on, by such animal. Any per- 357 ESTRAYS. Act 1060, §§ 3, 4 son taking up an estray animal or animals shall confine the same in a secure place anJ within one week thereafter shall publish in some news- paper of general circulation, printed and published in the county in which such estray is found, and also file with the county recorder of said county a notice containing a description of the animal or animals taken up, with the marks and brands, if they have any, together with the probable value of each animal, and a statement of the place whore the taker-up found, and where he has confined the same. Tlie county re- corder shall receive for filing said notice, the sum of fifty cents. The said notice shall be so published for two weeks. If there be no news- paper of general circulation printed and published in the county wherein such estray animal is found, then such publication shall be made in some newspaper of general circulation printed and published in an adjoining county within this state; provided, however, that the cost of publication does not exceed three dollars. If, however, the animal has the owner's brand or mark upon it, and such brand or mark has been recorded according to law, or if the finder knows the owner of said animal, or the person having charge thereof, then, within five days after said animal is taken up he shall notify the owner of said animal, or other person having charge thereof, which notice shall contain the same infor- mation as the notice to be published and recorded, as hereinabove pro- vided. This notice shall be in lieu of publishing and recording such notice, and for which notice he shall be entitled to the sum of fift}' cents. [Amendment approved April 22, 1909. Stats. 1909, p. 1079. In effect immediately.] §3. At any time within thirty days from the date of the filing of the notice specified in section 2 of this act, any person claiming such estray animal or animals shall appear and demand from the taker-up the possession thereof, and shall at the same time pay to the taker-up all damages, expenses and costs incurred by reason of taking up said animal or animals, and upon receiving such damages, expenses and costs, the taker-up shall immediately deliver to the party claiming such animal or animals the possession thereof; such damages, expenses and costs shall be estimated as follows, to wit: 1. The total amount paid by the taker-up to the county recorder, and the reasonable cost of publjteiiing said notice. 2. The sum of thirty cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer or calf. 3. The sum" of ten cents per day for the keeping and care of each sheep, goat, hog or other animal not hereinbefore specified, provided that the taker-up^of said animal or animals must properly feed and water the same while under his care, and if he fails so to do shall forfeit all right of lien thereof. [Amendment approved April 22, 1909. Stats. 1909, p. 1080. In effect immediately.] §4. If the party claiming such estray animal or animals is dissatis- fied with the amount charged by the taker-up for costs and expenses, he shall tender to the taker-up the proper amount therefor, and if the said Act 1060, § 5 GENERAL LAWS. 358 tender be refused, the party claiming such estray animal or animals shall within ten days thereafter commence, in the proper court, suit against the taker-up for the recovery of the possession of such estray animal or animals, in which said action the takerup may set forth his expenses and costs, and said matter, together with accruing expenses and costs to the time of the entry of the judgment, shall be determined by the court in accordance with the provisions of this act, and the amount of all such expenses and costs, and the costs of said action shall be included in any judgment awarded by said court, and such costs in said action shall be in favor of the plaintiff in said action and against said defendant, if the court shall find that the amount tendered by the plaintiff to the defendant was not less than the proper amount; other- wise said costs shall be in favor of the defendant and against the plain- till". Without the consent of defendant in any such action, no return of such animal or animals shall be adjudged until the plaintiff shall pay to defendant or deposit in court payable to him, the amount of all such expenses and costs in said action; and in case such payment or deposit be not made within ten days after the same shall have been determined by the court, or said action be not prosecuted with diligence, then the said action may be dismissed on motion of defendant without notice; in case of such dismissal, the defendant shall have judgment for his costs. In any such action for plaintiff to recover, it shall be incumbent on him to establish an existing right in himself to the possession of such animal or animals. §5. If no person appears and claims the animal or animals taken up within thirty days after the filing of the notice hereinbefore mentioned in section three of this act; or if a person does appear and claim the animal or animals taken up within thirty days after the filing of the notice above referred to, but shall fail to pay to the taker-up the ex- penses and costs as provided in section three of this act, and shall fail to commence and prosecute with diligence an action for the recovery of the possession of such estray animal or animals within the time required by section four of this act; or if said action shall be dismissed; then the taker-up shall, in writing, notify a constable, or other officer of the township or county in which said animal or animals are held, which notice shall specify that he has complied with all the provisions of this act, and that a claimant of said animal or animals has failed to appear and claim the same as herein provided, or if he has appeared that he has failed to pay the expenses and costs and has failed to commence or prosecute with diligence an action for the recovery of the possession of such animal or animals within the time and .in the manner provided for in this act, or that said action has been dismissed, and that such animal or animals are held by him subject to sale. Said constable, or officer, shall immediately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled to the same fees as are provided by law for sales under execu- tion. 359 ESTRAYS. Act 1060, §§ 6-9a § 6. Out of the money realized from the sale of estrays, the constable or other officer shall first retain his fees; he shall then pay to the taker- up his expenses and costs estimated as provided in section three of this act, or so much thereof as the funds in his hands will permit, and the surplus, if any, he shall pay to the county treasurer, to be held by him for the owner of the estray or estrays for which it was received in pay- ment. If any person or persons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold, that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the said board of supervisors shall order such sum to be paid over to the person or per- sons; and if not so proven within one year, then the same shall become a part of the common school fund of said county. §7. All sales made by any constable, or other officer, under the pro- visions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray or estrays so sold shall thereafter be barred from all right to recover the same. § 8, The taker-up of an estray animal or animals shall use reasonable care to preserve the same from injury, but if an estray animal or animals die or escape from the possession of the taker-up at any time while he is holding the same under the provisions of this act, the taker-up shall not be held liable in any manner on account of such animal or animals. §9. 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 officer within the limits of any city or town where laws regarding estrays are in force. § 9a. The board of supervisors of any county may, in their discretion, upon the petition of twenty-five or more electors of any township or portion of any township, not included within the fcoundaries of any incorporated municipality, appoint a poundkeeper for such township, or such portions thereof not included within the boundaries of any incor- yiorated municipality. Where such poundkeeper has been appointed, it shall be the duty of any person finding at any time any estray, domestic animal or animals upon his premises, or upon the premises to which he has the right of possession, or upon highways adjacent thereto, to deliver same to the poundkeeper or notify said poundkeeper thereof, and it shall be the duty of the poundkeeper to take possession thereof, and said poundkeeper shall have a lien thereon for all expenses incurred in keeping and caring for said animal or animals as in this act provided, and the duties, compensation, restrictions and liabilities of said poundkeeper shall be the same as provided in sections 2, 3, 4, 6, 7 and 8 of this act for takers-up of an estray animal or animals; provided, however, that said poundkeeper shall not be required to deliver the animal or animals to the constable for sale thereof, but shall himself be empowered with the same powers and duties, and shall be subject to the same restrictions Acts 1061-1065 GENERAL LAWS. 360 and shall receive the same compensation as the constable in such cases, as are mentioned in section 5 of this act. [New section added April 22, 1909. Stats. 1909, p. 1060. In effect immediately.] § 10. All other acts and parts of acts relating to estrays now in force are hereby repealed. § 11. This act shall take effect from and after its passage. This act and the act of 1897, p. 198, repealed all prior acts relating to estrays. Many of these acts are here enumerated.. For acts relating to any particular county, see the particular county. ACT 1061. To prevent the trespassing of animals upon private property. [Stats. 1855, p. 70.] Amended 1862, p. 480; 1863, p. 570; 18G3-64, p. 459; 1865-C6, pp. 126, 443; Supp. 1861, p. 474. Acts relating to trespassing animals were continued in force by Political Code, § 19. This act was, however, repealed by the general repealing clauses in the acts of 1897, p. 198, and 1901, p. 603. ACT 1062. Concerning estray animals. [Stats. 1856, p. 186.] Amended 1859, p. 147; 1860, p. 9; 1863-64, p. 386. See note to Act 1061. ACT 1063. To prevent stallions from running at large in Sacramento County. [Stats. 1859, p. 149.] "Extended and amended 1860, p. 107; 1865-66, p. 327; 1867-68, p. 70; 1869-70, p. 68; 1873-74, p. 228. As to penal clauses, repealed by § 6, Penal Code; and as to other provisions, probably repealed by estray law of 1897, p. 198, and 1901, p. 603." — Code Commissioners' Note. This act was extended by later acts to the following counties: Sutter, Alameda, Yuba, El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mari- posa, Merced, Yolo, Stanislaus, Butfe, Mendocino, Shasta, Colusa, Tehama, Sonoma, Siskjyou, Plumas, Sierra, Monterey, Sau Mateo, Sonoma, Nevada, Al- pine, and Mono. ACT 1064. Trespassing animals in the counties of Los Angeles, San Diego, and Monterey. [Stats. 1871-72, p. 99.] Amended 1871-72, p. 241. Repealed as to Monterey County, 1871-72, p. 566. Extended to Inyo County, 1871-72, p. 668. Repealed 1897, p. 198, and 1901, p. 603, relating to estrays. ACT 1065. Preventing hogs running at large in Susanville, Lassen County, Sutter Creek township number two, Amador County, and Oroville, Butte County. [Stats. 1871-72, p. 510.] Repealed provisionally. Stats. 1873-74, p. 190. See Statute of 1897, p. 198, § 9. 361 ESTRA7S. Acts 1066-1072 ACT 1066. To protect agriculture and prevent trespassing of animals on private property. [Stats. 1871-72, p. 563.] Probably superseded by 1897, p. 198; 1901, p. 603, relating to estrays. ACT 1067. Protecting agriculture and preventing trespassing of animals. [Stats. 1873-74, p. 50.] Supplemented 1873-74, pp. 179, 474, 705, 824. Citations. Cal. 51/298; 52/202, 408; 53/49, 146. App. 3/330. "Unconstitutional, in so far as it authorizes justices to enforce a lien. (Young V. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. Repealed 1877-78, p. 176. (Hanley v. Sixteen Horses, 97 Cal. 182.)" — Code Commissioner's Note. ACT 1068. Hogs running at large in certain towns. [Stats. 1873-74, p. 901.] Repealed, 1897, p. 198. This act prevented hogs running at large upon lands included in any town- site which had received a patent under congressional grant. ACT 1069. Stanislaus, Fresno, and Sutter counties, protection of agriculture in, and prevention of trespassing of animals upon private property. [Stats. 1875-76, p. 373.] Repealed 1897, p. 198. ACT 1070. To prevent hogs and goats running at large on certain land's. [Stats. 1875-76, p. 644.] Amended 1877-78, p. 85. Superseded 1897, p. 198. This act forbade the running at large upon any townsite receiving patents un- der act of Congress. ACT 1071. Concerning trespassing of animals upon private lands in certain counties. [Stats. 1877-78, p. 176.] Amended 1877-78, p. 878. Supp. 1907, p. 300. Superseded by the estray laws of 1897, p. 198, and 1901, p. 603, as amended 1905, p. 395; 1907, p. 132. See estray law of 1907, ante, Act 1059. This act applied to parts of San Bernardino, El Dorado, and Tehama counties, and to all of Alpine, Humboldt, Morccd, Solano, Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento counties. ACT 1072. Buck goats, to prevent running at Inrge. [Stnts. 1877 78, p. 437.] Superseded by § 597g of Penal Code. Acts 1073-1088 GENERAL LAWS. . 862 ACT 1073. Eelating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. [Stats, approved Marcli 27, 1897. Stats. 1897, p. 198.] Repealed 1901, p. 606. TITLE 156. ETNA. ACT 1078. Town of, incorporating. [Stats. 1877-78, p. 261.] See tit. "Rough and Ready," post, TITLE 157. EUREKA. ACT 1082. To incorporate. [Stats. 1859, p. 192.] Amended 1862, p. 55; 1863-64, p. 165; 1871-72, p. 186; 1873-74, p. 91. Supplemented 1875-76, p. 333. Amended 1875-76, p. 334. Superseded by the charter of Eureka, Stats. 1895, pp. 356-405. ACT 1083. Charter of Eureka. [Stats. 1895, p. 356.] Amended 1907, p. 1172. Citations. Cal. 150/203. ACT 1084. Incorporation of. [Stats. 1873-74, p. 91.] Supplemented 1875-76, p. 333. Amended 1875-76, p. 334. Repealed by charter of Eureka 1895, p. 356. ACT 1085. To legalize the survey of Clark's addition to. [Stats. 1869-70, p. 395.] ACT 1086. To cede property to Eureka. [Stats. 1857, p. 76.] This act ceded to Eureka the entire waterfront of the town. ACT 1087. Common council of to sit as a board of equalization. [Stats. 1877-78, p. 184.] Superseded by charter of Eureka, 1895, p. 356. ACT 1088. To establish a police court in. [Stats. 1895, p. 90.] Superseded by charter, 1895, p. 376. 363 EXPLOSIVES. Act 1093, §§ 1-4 TITLE 158. EXPLOSIVES. ACT 1093. An act to protect life and property against the careless and malicious use or handling of dynamite and other explosives. [Approved March 12, 1887. Stats. 1887, p. 110.] Citations. App. 1/397, 398. Sections 1, 2, 3, 4 codified by § 375a, Penal Code: See Penal Code, § 375a, note. Section 8 codified by § 601, Penal Code: See Penal Code, § 601, note. Keep record of sales. § 1. It is the duty of each and every person, contractor, firm, asso- ciation, joint stock company, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with or using or giving out, nitro-glycerine, dynamite, vigorite, hercules pow- der, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate 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, association, joint stock company, or corporation, in the course of busi- ness or otherwise, of any quantity of such explosive substance. What record must show. § 2. Such journal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of resi- dence, or business of the purchaser or transferee; the name of the indi- vidual to whom delivered, with his or her address, with a description of such individual sufficient to provide for identification. Records subject to examination of peace officer. § 3. 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 officers or other police authori- ties of the state, county, city and county, or municipality where the same is situated, on proper demand made therefor, any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to exhibit the same to the peace officers or other police authorities on demand, shall be deemed a misdemeanor, and punished accordingly. Forfeiture in addition to punishment. §4. In addition to such punishment, and as a cumulative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty Act 1093, §§ 5-8 GENERAL LAWS. 864 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 consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satis- fied, 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. Prohibiting reckless possession of explosives. § 5. Any person who, in the public street or any highway of any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or ear 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 high explosive; or who shall .recklessly or maliciously by use of such means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. Defining reckless possession. § 6. Any person not regularly engaged in the manufacture, sale, trans- portation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the cir- cumstances specified in the preceding section. Punishment for unlawful possession. § 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosive, except in the regular course of business carried on by such person, either as a manufacturer thereof or 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 exceeding five thousand dollars, or by both such fine and imprisonment. Malicious deposit. § 8. Any person who maliciously deposits or explodes, or who at- tempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train or car, or any depot, 365 EXTENSION OP TIME. Act 1094 stable, car-house, theater, schoolhouse, church, dwelling-house, or other plai'e where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hereules powder, gunpowder, or other chemical compouud, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not less than one year. Transportation of high explosives. §9. Any person, firm, or corporation, who shall take, carry or trans- port, or cause to be taken, carried, or transported, any dynamite, vigor- ite, nitroglycerine, hereules 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 shipping, in any manner, condition, or quantity, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations govern- ing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the state of California ail such explosive substances, as well as the cases inclosing the same. Such forfeiture may be sued for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recov- ered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one-half to himself for his own benefit, 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 forfeitvires. § 10. Any of the forfeitures provided for in this act may be taken advantage of, and sued for and recovered, by any peace ofiicer or police- man, 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. § 11. This act shall take effect and be in force from and after its TITLE 159. EXTENSION OF TIME. ACT 1094. An act to extend the time for the performance of any act or the taking of any proceeding appointed, required or limited by or in pursuance of law to be performed or taken on any day or within any time in the month of June, 1906, prior to the last day of said month. [Approved June 3, 1906. Stats. 1906, p. 8.] §1. Any act or proceeding appointed, required or limited by or in pursuance of law to be performed or taken on any day or within any Acts 1098-1109 GENERAL LAWS. 366 time in the month of June, 1906, prior to the last day of said month, may be performed or talien on any day not later than "the tenth day of July, A. D. 1906, with the same effect as if it had been performed or taken on the day or within the time wherein such act or proceeding was so appointed, required or limited to be performed. The provisions of this act shall not apply to criminal actions. § 2. This act shall take effect immediately. Citations. Cal. 152/258, TITLE 160. FACTORIES. ACT 1098. To provide for the proper sanitary condition of factories and' workshops, and for the preservation of the health of the employees. [Stats. 1889, p. 3.] Amended 1901, p. 571; 1903, p. 16; 1909, p. 43. Declared unconstitutional: Schaezlein v. Cabaniss, 135 Cal. 466. TITLE 161. FEATHER RIVER. ACT 1103. To declare the bridge across Feather River, extending from Fifth Street, at the city of Maiysville, in the county of Yuba, to the opposite bank of tlie said river, a free bridge. [Approved March 31, 1891. Stats. 1891, p. 263.] ACT 1104. Concerning survey of outlet of. [Stats. 1867-68, p. 91.] TITLE 162. FEEBLE-MINDED CHILDREN", r'onsult the following acts: ACT 1108. 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, p. 198.] Repealed 1887, p. 73. Citations. Cal. 139/266, 267. ACT 1109. To provide for the government and management of the California Home for the Care and Training of Feeble-minded Children. [Stats. 1887, p. 69.] Amended 1889, p. 155. Supplemented 1897, p. 251; 1901, p. 795. Citations. Cal. 139/267. App. 1/279. 367 FEEBLEMINDED CHILDREN, Acts 1 110 -1116 ACT 1110. Providing a permanent site for the California ITome for the Care and Training of Feeble-minded Children. [Stats. 1889, p. 69.] ACT 1111. To authorize and direct the sale of the site and buildings of the Cali- fornia Home for the Care and Training of Feeble-minded Children, in Santa Clara County. [Approved March 19, 1891. Stats. 1891, p. 133.] ACT 1112. Granting to the board of supervisors of Sonoma County, California, right of way through the lands of the California Home for the Care and Training of Feeble-minded Children, to enable said board of super- visors to change the location of the public highway now traversing said lands. [Approved March 23, 1893. Stats. 1893, p. 277.] ACT 1113. To authorize, empower, and direct the California Home for the Care and Training of Feeble-minded Children, to admit idiots, epileptics and mentally enfeebled paralytics into said institution; to provide for the support of all inmates therein, and to repeal all acts or parts of acts in conflict with the provisions of this act. [Approved March 31, 1897. Stats. 1897, p. 251.] CiUtions. CaL 139/265, 266, 267. ACT 1114. To authorize and empower the trustees of the California Home for Care and Training of Feeble-minded to transfer and quitclaim certain real property to the trustees of the town of Santa Clara. [Approved March 20, 1903. Stats. 1903, p. 319.] ACT 1115. An act to provide for certain improvements and repairs to the Califor- nia Home for the Care and Training of Feeble-minded Children making an appropriation therefor. [Approved June 14, 1906. Stats. 1906, p. 27.] The sum of $72,500 was appropriated for the purpose indicated. ACT 1116. An act authorizing and directing the completion of the main buildings at the California Home for the Care and Training of Feeble-minded Children, near Eldridge, California, and making an appropriation therefor. [Approved March 11, 1907. Stats. 1907, p. 199. Amended 1909, p. 794.J Acts 1136-1146 GENERAL LAWS. 370 This act and the supplementary act of 1860, p. 141, were continued in force by the Political Code, § 19, and consequently the counties to which they apply are not subject to the provisions of § 841 of the Civil Code. (Meade y. Watson, 67 Cal. 591. See, also, Gonzales v. Wasson, 51 Cal. 295.) ACT 1136. Lawful fences, supplementing statute concerning. [Stats. I860, p. 141.] ACT 1137. Concerning lawful fences in San Bernardino, Colusa, Shas^;a, Tehama, and Placer counties. [Stats. 1859, p. 279.] Extended to Yuba County, 1863, p. 357. This latter act repealed. Stats. 1871-72, p. 700. ACT 1138. Division fences, construction of. [Stats. 1875-76, p. 175.] Amended 1877-78, p. 765. Repealed, as to San Mateo County, 1877-78, p. 1019. This act applied to the counties of Sacramento, Solano, Sutter, Yuba, Butte, Contra Costa, San Joaquin (parts of), Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo, and Nevada. ACT- 1139. Regulating the height of division and partition fences in cities. [Stats. 1885, p. 45.] Citations. Cal. 118/343. Fences wholly on the land of their owner excluded therefrom: Western etc. Co. V. Knickerbocker, 103 Cal. 111. ACT 1140. To prevent persons from passing through inclosures and leaving them open and tearing down fences to make passage through inclosures. [Stats. 1871-72, p. 384.] See § 7, 1875-76, p. 408; 1877-78, pp. 49, 776. Citations. Cal. 108/347. Certain counties were exempted from the provisions of this act: See post. Act 1593, note. Codified by § 602 of Penal Code, Bubd. 8. ACT 1141. To prevent the leaving open of inclosures and hunting on inclosed lands. [Stats. 1875-76, p. 408.] Amended 1877-78, pp. 49, 776. Many sections codified: See post. Acts 1577, notes, and 1593, note. TITLE 166. FERRIES. ACT 1146. Concerning public ferries and toll bridges. [Stats. 1855, p. 183.] Supplemented 1861, p. 18; 1862, p. 247; 1869-70, p. 887. Ameiuled 1861, p. 307; 1863, pp. 720, 747, 758; 1863-64, p. 192; 1867-68, p. 77; 1873-74, p. 581. Superseded by Political Code, § 2843 et seq. Citations. Cal. 7/115. 371 FERRIES. Acts 1147. 1143 ACT 1147. An act relating to ferries across navigable rivers separatinjr counties, and empowering the boards of supervisors of such counties to establish and maintain ferries across such rivers, and to pay the expense thereof. [Approved March 16, 1903. Stats. 1903, p. 1.56.] § 1. When a navigable river forms a boundary between two counties of this state, the boards of supervisors of such counties are hereby given the power to establish and operate a ferry or ferries across such stream. §2. Each of such counties shall pay such proportion of the expenses of establishing and operating said ferry or ferries as may be agreed upon by the boards of supervisors of such counties. §3. In ease either of said counties shall refuse to enter inro an agree- ment to establish and operate such ferry or ferries, the county situated upon the opposite bank of such river may establish and operate a ferry or ferries across such river, and such county is hereby empovverea to acquire landing places for such ferry or ferries on the bank of such river opposite the boundary of such county, and may pay the expense of establishing and operating said ferry or ferries out of the general road fund of such county. § 4. This act shall take effect from and after its passage. ACT 1148. An act relating to ferries across rivers and streams wholly within one county, and empowering the boards of supervisors of such county to purchase, establish and maintain ferries across such rivers or streams and to pay the expenses thereof. [Approved April 16, 1909. Stats. 1909, p. 974.] §1. "Whenever the board of supervisors of any county within the state of California shall deem it advisable and for the best interests of the public that the county own and operate any ferry within such county, such board may purchase, establish and operate a ferry or fer- ries across any stream or river within said county and may operate the same as a free ferry or ferries. § 2. Such board of supervisors is hereby empowered to acquire land- ing places for such ferry or ferries on the banks of such river or stream and may pay the expens'es of establishing and operating said ferry or fer- ries out of the general road fund of said county; provided, however, that no supervisor or his bondsmen shall be responsible for the payment of damages incurred by any person while traveling on such ferry. § 3. This act shall take effect from and after its passage. Acts 1152, 1157 GENERAL LAWS. 372 TITLE 167. PEERY DEPOT. ACT 1152. To provide for the issuance and sale of state bonds to create a fund for the construction and fuvuisbing, by the board of state harbor com- missioners, of a general ferry and passenger depot in the city and county of San Francisco; to create a sinking fund for the paym'ent of said bonds, and providing for the submission of this act to a vote of the people. [Approved March 17, 1891. Stats. 1891, p. 110.] Citations. Cal. 111/582. TITLE 168. FEETILIZERS. ACT 1157. An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infraction thereof, and means for the enforcement of the act. [Approved March 20, 1903. Stats. 1903, p. 259.] § 1. Every lot, parcel, or package of commercial fertilizers or mater- ials to be used for manurial purposes (excepting the dung of domestic animals), sold, offered, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trademark, if any there be, under which the fertilizer is sold, the name and address of the manufacturer, importer, or dealer, the place of manu- facture, and a chemical analysis, stating the percentages claimed to be therein; of nitrogen, specifying the form or forms in which it is present; of phosphoric acid, available and insoluble; and of potash, soluble in distilled water, and the materials from which all of said constituents are derived. All analyses are to be made according to the methods agreed upon by the American association of official agricultural chemists. In the case of those fertilizers, the selling price of which is less than eight dollars ($8) per ton, said label need only give a correct general statement of the nature and composition of the fertilizer it accompanies. § 2. No person shall sell, offer, or expose for sale in this state, any pulverized leather, hair, ground hoofs, horns, or wool waste, raw, stenmed, roasted', or in any form as a fertilizer, or as an ingredient of a fertilizer or manure, without an explicit statement of the fact; sfiid statement to be conspicuously affixed to every package of such fertilizer or manure, and to accompany and go with every lot, parcel, or package of the same. § 3. The manufacturer, importer, agent of, or dealer in any commercaal fertilizers, or materials used for manurial purposes, the selling price of which to the consumer is eight ($8) dollars or more per ton, shall, be- fore the same is offered for sale, obtain a certificate of registration from the secretary of the board of regents of the University of California, countersigned by the director of the agricultural experiment station of the said university, authorizing the sale of fertilizers in this state, and 873 FERTILIZERS. Act 1157, §§ 4, 5 shall securely fix to each lot, parcel, or package of fertilizer the word "Ecgistered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall pay to the said secretary the sum of fifty ($50) dollars, to be applied as provided in section 9 of this act; such registration shall expire on the thirtieth day of June of the fi-scal year for which it was given; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a cer- tificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with said director, stating such name or brand, and stating the component parts in accordance with the provisions of section 1 of this act, of the substances to be sold, or offered for sale, or manufactured under each such name or brand. § 4. The said director shall annually, on or before the first day of September, take samples in accordance with the provisions of section 5 hereof of the substance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section 1 hereof, and said analyses may include such other determinations as said director may at any time deem advisa- ble. Dealers in, or manufacturers of fertilizers, must give free access to the director of the agricultural experiment station, or his duly author- ized deputy, to all the materials which they may place on the market for sale in Cnlifornia. Whenever the analysis certified by the said director shall show a deficiency of not more than one fourth of one per cent of nitrogen, or one per cent of soluble or available phosphoric acid, or one-half of one per cent of potash soluble in distilled water, the state- ment of the manufacturer or importer, as required in section 1 of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of fertilizing materials made to a registered manufacturer of fertilizers, or to sales for export outside of this state; provided further, that the said director of the agricultural experiment station of the University of California shall, upon the receipt of a sample of fertilizer, accompanied with a nominal fee of two ($2) dollars, furnish to the user of said commercial fertilizers, such examina- tion or analysis of the sample as will substantially establish the con- formity or non-conformity of the said fertilizer to the guarantee under which it was sold. § 5. The director of the agricultural experiment station of the Uni- versity of California, in person or by deputy, is hereby authorized to take a sample not exceeding two pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, or package of fer- tilizer, or material, or mixture of materials used for manurial purposes, which may be in the possession of any manufacturer, importer, agent, or dealer, but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or, if less than ten Act 1157, §§ 6-10 GENERAL LAWS. 374 packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be sampled. The samples so drawn shall be thoroughly mixed, and from it two equal samples shall be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the fertilizer or material sampled, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall also be signed by the said director or his deputy making such inspection, and by the party or parties in interest, or their representatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the P3,rty whose stock was sampled, and the other by the director of the agricultural experiment station of the University of California. § 6. The director of the agricultural experiment station of the Uni- versity of California shall publish in bulletin form, from time to time, at least annually, the results of the analyses hereinbefore provided, with such additional information as circumstances may advise. §7. There is hereby appropriated for the use of the agricultural ex- periment station of the University of California at Berkeley, Alameda County, as set forth in this act, out of any moneys in tlie treasury not otherwise appropriated, the sura of eighteen hundred ($1,800) dollars for the equipment of a laboratory, with the chemicals and apparatus and other incidentals necessary to the successful prosecution of the work. § 8. In order to further provide for the necessary expenses of this work, there shall be paid by the manufacturer, importer, agent, or dealer, twenty-five cents for every ton of fertilizer sold, the selling price of which to the consumer is eight ($8) dollars or more per ton. A state- ment sworn to by the manufacturer, importer, agent, or dealer, of such sales, shall be rendered quarterly to the secretary of the board of regents of the University of California, accompanied by the corresponding amount of special license fee as above specified; provided, that when- ever the manufacturer or importer shall have paid the special license fee herein required, for any person acting as agent or seller for such manufacturer or importer, such agent or seller shall not be required to pay the special license fee named in this section. On receipt of said special license fee and statement, the said secretary shall issue to the manufacturer, importer, agent, or dealer, a certificate of compliance with this section. §9. All moneys, whether received from registry and analytical fees or special license fees, shall be paid to the secretary of the board of regents of the University of California, for the use of said board in carrying out the provisions of this act. §10. Any party selling, offering, or exposing for sale, any commercial fertilizer without the statement required by section 1 of this act, or with a label stating that said fertilizer contains a larger percentage of any one or more of the constituents mentioned in said section than is B75 PIDDLETOWN— FIRE. Act8 1162-1169 actually contained therein, except as provided for in section 4, or re- specting the sale of which all the provisions of this act have not been fully complied with, shall be deemed guilty of a misdemeanor, and upon conviction tliereof before any court of competent jurisdiction, shall be fined in a sum not less than fifty ($50) dollars and costs of action for the first offense, and one hundred ($100) dollars and costs of the action for each subsequent offense. Said fines to be paid into the school fund of the county in which conviction is had. § 11. In any action, civil or criminal, in any court in this state, a certificate under the hand of said director, and the seal of said uni- versity, stating the results of any analysis, purporting to have been made under the provisions of this act, shall be prima facie evidence of the fact that the sample or samples mentioned in said analysis or certificate were properly analj'zed as in this act provided; that such samples were taken as in this act provided; that the substances analyzed contained the component parts stated in such certificate and analysis; and that the samples were taken from the parcels or packages or lots mentioned or described in said certificate. § 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. TITLE 169. FIDDLETOWN. ACT 11S2. To prevent hogs and' goats running at large in. [Stats. 1873-74, p. 319.] See § 9, Stats. 1897, p. 198; § 10, Stats. 1901, p. 603. ACT 1163. Name changed to Oleta. [Stats. 1877-78, p. 109.] TITLE 170. FIEB. ACT 1168. Forest fires on public lands, act to prevent destruction by. [Stats. 1871-72, p. 96.] Citations. Cal. 90/109. Compare § 384, Penal Code. ACT 1169. ro prevent the destruction by fire of the property of contiguous owners. [Stats. 1891, p. 473.] Citations. Cal. 109/95. This act made it a misdemeanor to start a fire in hay, grain, stubble, or grass without first taking certain precautions. Codified by § 384a, which was adopted in 1905, p. 758, and repealed 1907, p. 998: See Penal Code, § 384a, of Penal Code, 1905. Act 1173, §§ 1-4 GENERAL LAWS. 876 TITLE 171. FIRE DEPARTMENT. ACT 1173. An act to create a firemen's relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state. [Approved March 20, 1905. Stats. 1905, p. 412.] § 1. The chairman of the board of supervisors of the county, city and county, city or incorporated town in which there is no board of fire com- missioners, the treasurer of the county, city and county, or incorporated town, and the chief of the fire department, and their successors in office, are hereby constituted a board of trustees of the firemen's relief or pen- sion fund of the fire department, to provide for the disbursement of the same and to designate the beneficiaries thereof as hereinafter directed, which board shall be known as the "Board of Firemen's Pension Fund Commissioners"; provided, however, that where there is in any county, city and county, city, or town, a board of fire commissioners, then such body shall constitute said board of trustees of the firemen's relief and pension fund of the fire department. §2. They shall organize as such board by choosing one of their number as chairman, and by appointing a secretary. The treasurer of the county, city and county, city, or town, shall be ex officio treasurer of said fund. Such board of trustees shall have charge of and administer said fund, and to order payments therefrom in pursuance of the pro- visions of this act. They shall report annually, in the month of June, to the board of supervisors, or other governing authority of the county, city and county, city, or incorporated town, the condition of the fire- men's relief and pension fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. § 3. Whenever any person at the taking effect of this act, or there- after shall have been duly appointed or selected and sworn, and have served for twenty years, or more, in the aggregate, as a member, in any capacity or any rank whatever, of the regularly constituted fire depart- ment of any such county, city and county, city, or town which may hereafter be subject to the provisions of this act, said board may, if it see fit, order and direct that such person after becoming sixty years of age be retired from further service in such fire department, and from the date of the making of such order the service of such person in such fire department shall cease, and such person so retired shall thereafter, dur- ing his lifetime, be paid from such a fund a yearly pension equal to one-half of the amount of salary attached to the rank which he may have held in said fire department for the period of one year next pre- ceding the date of such retirement, § 4. Whenever any person, while serving as a fireman in any such county, city and county, city, or town, shall become physically disabled 377 FIRE DEPARTMENT. Act 1173, §§ 5-8 by reason of any bodily injury received in the immediate or direct per- formauce or discharge of his duty as such fireman, said board may, upon his written request, or without such request, if it deem it to be for the good of said fire department force, retire such person from said depart- ment, and order and direct that he shall be paid from said fund, during his lifetime, a yearly pension equal to one-half of the amount of salary attached to the rank which he may have held on such fire department force at the date of such retirement, but on the death of such pensioner his heirs or assigns shall have no claim against or upon such firemen's relief or pension fund; provided, that whenever such disability shall cease such pension shall cease, and such person shall be restored to active service at the same salary he received at the time of his retire- ment. § 5. No person shall be retired, as provided in the next preceding section, or receive any benefit from said fund, unless there shall be filed with said board certificates of his disability, which certificates shall be subscribed and sworn to by said person, and by the county, city and county, city, or town physician (if there be one), and two regularly licensed practicing physicians of such county, city and county, city, or town, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid. § 6. WheneA'er any member of the fire department of such county, city and county, city, or town, shall lose his life while in the perform- ance of his duty, leaving a widow, or child or children under the age of sixteen years, then upon satisfactorj^ proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one- third the amount of the salary attached to the rank which such member held in said fire department at the time of his death, shall be paid to such widow during her life, or if no widow, then to the child or children, until they shall be sixteen years of age; provided, if such w-idow, or child or children, shall marry, then such person so marrying shall there- after receive no further pension from such fund. §7. Whenever any member of the fire department of such county, city and county, city, or town, shall, after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thousand dollars from such fund. § 8. Any person retired for disability under this act may be sum- moned before the board herein provided for at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with reference tliereto; and all members of the fire department force who may be re- tired under the provisions of this act shall report to the chief of the fire department of the county, city and county, city, or town where so retired, on the first Mondays of April, July, October, and January of each year; and in cases of great public emergency may be assigned to Act 1173, §§ 9-11' GENERAL LAWS. 87"} and shall perform such duty as said chief of the fire department may direct; and such persons shall have no claim against the county, city and county, city, or town, for payment for such duty so performed. §9. When any person who shall have received any benefit from said fund shall be convicted of any felony, or shall become an habitual drunkard, or shall become a nonresident of this state, or shall fail to report himself for examination for duty as require-d herein, unless ex cused by the board, or shall disobey the requirements of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease, and such person shall receive no further pension, allowance, or benefit under this act. § 10. The board herein provided for shall hold quarterly meetings on the first Mondays of April, July, October, and January of each year, and upon the call of its president; it shall biennially select from its members a president and secretary; it shall issue warrants, signed by its presi dent and secretary, to the persons entitled thereto of the amount of money ordered paid to such persons from such fund by said board, which warrant shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall, at each quarterly meeting, send to the treasurer of the county, city and county, city, or town, and to the auditor of such county, city and county, city, or town, a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such payments and for what granted, which list shall be cer- tified to and signed by the president and secretary of such board, attested under oath. The auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, and which shall be known as "The firemen's relief and pension fund book." When such list has been entered by the auditor, he shall transmit the same to the board of supervisors, or other governing authority of such county, city and county, city, or town, which board of authority shall order the payment of the amounts named therein out of "The firemen's relief and pension fund." A majority of all the members of said board herein provided for shall constitute a quorum, and have power to transact business. § 11. The board herein provided for shall, in addition to other powers herein granted, have power, — • First — To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before notaries public; and its president, or any member of said board, may administer oaths to such witnesses. Second — To appoint a secretary, and to provide for the payment from said fund of all its necessary expenses including secretary hire and printing; provided, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this act. 379 FIRE DEPARTMENT. Act 1173, §§ 12-14 Third — To make all needful rules and regulations for its guidance, in conformity witii the provisions of this act. § 12. The board of supervisors, or other governing authority, of any county, city and county, city, or town, shall, for the purposes of said "firemen's relief and pension fund" hereinbefore mentioned, direct the ])aymcnt annually, and when the tax levy is made, into said fund, of the following moneys: — First — All rewards given or paid to members of such firemen's force. Second — All fines imposed upon members of the fire department in keeping with rules and regulations of the department. Third — The treasurer of any county, city and county, city, or town, shall retain from the pay of each member of the fire department the sum of two per cent of each month's pay to be forthwith paid into said fire- men's relief and pension fund, and no other or further retention or deduction shall be made from such pay for any other fund. Fourth — One-half of all fines imposed and collected for violation of laws pertaining to precaution against fire. § 13. Any firemen's life and health insurance fund, or any fund pro- vided by law, heretofore existing in any county, city and county, city, or town, for the relief or pensioning of firemen, or their life or health insur- ance, or for the payment of a sum of money on their death, shall be merged with, paid into, and constitute a part of the fund created under the provisions of this act; and no person who has resigned or been dis- missed from said fire department shall be entitled to any relief from such fund; provided, that any person who, within one year prior to the pas- sage of this act, has been dismissed from the fire department for incom- petency or inefficiency, and which incompetency or inefficiency was caused solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve or more years as such member, shall be entitled to all the benefits of this act. § 14. On the last day of June of each year, or as soon thereafter as practicable, the auditor of such county, city and county, city, or town, shall make a report to the board of supervisors, or other governing au- thority of such county, city and county, city, or town, of all moneys paid out on account of said fund during the previous year, and of the amount then to the credit of the "firemen's relief and pension fund," and all surplus of said fund then remaining in said fund exceeding the average amount per j^ear paid out on account of said fund during the three years next preceding, shall be transferred to and become a part of the general fund of every such county, city and county, city, or town, and no longer under the control of said board, or subject to its order. Payments provided for in this act shall be made quarterly, upon proper vouchers. Acts 1174-1180 GENEHAL LAWS. S80 ACT 1174. To allow unincorporated cities and towns to equip and maintain a fire department. [Stats. 1881, p. 26.] Amended 1899, p. 69; 1909, p. 1028. This act, as amended in 1899 and 1909, appears in full in Appendix, Political Code, p. 1824. ACT 1175. To create a firemen's relief, health, and life insurance, and pension fund in the several counties, cities and counties and cities and towns of this state. [Stats. 1901, p. 101.] Amended 1903, p. 158. Probably superseded by act of March 20, 1905, creating a firemen's relief, health and life insurance pension fund. See ante, Act 1173. ACT 1176. To create an exempt firemen's relief fund in the several counties, cities and counties, cities and towns of the state, and relating to the en- rollment, formation into fire companies, and services as firemen of such exempt firemen. [Stats. 1895, p. 107.] Unconstitutional: Taylor v. Mott, 123 Cal. 497. Superseded 1901, p. 101. ACT 1177. To require the payment of certain insurance premiums by fire insurance companies not organized in California, to cities and cities and counties. [Stats. 1885, p. 13.] Amended 1887, p. 15. Unconstitutional: San Francisco v. Insurance Co., 74 Cal. 113. The moneys collected under this act were for the benefit of the firemen's re- lief fund. ACT 1178; Authorizing boards of supervisors to provide pensions for the relief of aged, infirm, and disabled firemen. [Stats. 1889, p. 108.] Amended 1901, p. 575. Citations. Cal. 123/499. This act appears in full in Appendix, Political Code, p. 1830. ACT 1179. Authorizing and requiring boards or commissions having the manage- ment and control of paid fire departments, to grant the members thereof yearly vacations. [Stats. 1895, p. 76.] Amended 1899, p. 57; 1905, p. 39. Citations. App. 4/238. This act appears in full in Appendix, Political Code, p. 1830. ACT 1180. Kelating to salaries of offieers of fire departments in municipalities of the first class. [Stats. 1897, p. 54.] Unconstitutional: Popper v. Broderick, 123 Cal. 456. 381 FIRE DISTRICTS. Acts 1181-1184 ACT 1181. Kelating to fire departments of municipalities of tbe first class, and fixing the salaries of officers thereof. [Stats. 1897, p. 192.] Apparently unconstitutional under the rule announced in Popper v. Broderick, 123 Cal. 456. This act appears in full in Appendix, Politiral Code, p. 1833. ACT 1182. To provide for increasing the efficiency of fire departments within mu- nicipalities of the first class in the state of California. [Stats. 1897, p. 61.] This act appears in full in Appendix, Political Codr, p. 1831. TITLE 172. FIRE DISTRICTS. ACT 1184. An act to provide for the disincorporation and discontinuance of fire districts where the same become wholly or partly within the cor- porate limits of a town or city, incorporated subsequently to the organization thereof, and providing for the disposal of the property of such districts. [Approved March 20, 1909. Stats. 1909, p. 576.] § 1. Whenever the territory comprising a fire district organized un- der the laws of this state, governing the organization and establishment of fire districts and fire departments in unincorporated towns or villages in this state, shall be wholly within, or be identical with the corporate limits of a town or city, which shall have become incorporated as a municipality, after said fire district was organized and established, the board of supervisors of any county in which any such fire district shall have been or may be hereafter established at any time, upon the written verified petition of the inhabitants of any such fire district, whose names appear upon the last preceding assessment-roll of the county, town or city within which said fire district is located, owning or representing more than one-half in value of the assessed .real property of such fire district, or owning or representing more than one-half in value of the assessed real property in such fire district owned by the residents thereof, may, by a resolution adopted and entered in their minutes, discontinue such fire district, and declare the same to be disincorporated; and upon such action being taken by said board of supervisors, the board of fire commissioners of such fire district, shall turn over to any fire depart- ment organized by the board of trustees of said town or city, or to the board of trustees of said town or city, all the property of such fire district or fire department; such town or city to pay all the debts of said fire district, and department, and thereupon said fire district shall be discontinued and disincorporated. § 2. "Whenever any portion of the territory of any fire district hereto- fore or hereafter established shall be incorporated into the corporate Acts 1188, 1193 GENERAL LAWS. 383 limits of any incorporated town or city, the board of supervisors of the county in which such fire district is located, upon the written verified petition of the inhabitants of such incorporated portion of such fire dis- trict, whose names appear upon the last preceding assessment-roll of the county, city or town within which said incorporated portion of said fire district is located, owning or representing more than one-half in value of the assessed real property in such incorporated portion of such fire district; or owning or representing more than one-half in value of the assessed real property within such incorporated portion of such fire dis- trict owned by the residents thereof, shall by a resolution duly adopted and entered in their minutes, change the boundaries of such fire dis- trict, in such manner as shall exclude such incorporated portion from such fire district, and thereafter such incorporated portion of such fire district, shall cease to be a portion of said fire district, and shall not be entitled to the protection of, nor liable to be assessed or taxed for the support and maintenance of the fire department of such fire district. § 3. A certified copy of any resolution of said board of supervisors, c'iscontinuing, and disincorporating such fire district or excluding a portion therefrom, or changing the boundaries thereof, after being tdopted, and duly signed by the chairman of said board and the clerk thereof, and the seal of said board affixed thereto, and duly certified to by the clerk of said board, shall within ten days after the adoption thereof by said board, be filed by the clerk of said board in the office of the county recorder of the said county in which said fire district is located, and the said recorder shall record the same, but shall not make any charge or collect any fees for filing or recording the same. § 4. This act shall take effect and be in force from and after its pas- sage. TITLE 173. FIRE PATROL. ACT 1188. Underwriters, authorizing the establishment of the fire patrol by. [Stats. 1875-76, p. 689.] Amended 1897, p. 223. Codified by §§ 453a-453c "of Civil Code. TITLE 174. FISCAL YEAR. ACT 1193. Providing for changing the fiscal year of cities in this state operating under a charter framed under section 8, article 11, of the constitu- tion. [Stats. 1895, p. 128.] FISH AND GAME. See "Game Laws." 883 FISH COMMISSIONERS— FORESTRY. Acts 1198-1215 FISH COMMISSIONEES. See "Game Laws." TITLE 175. FLAG. ACT 1198. To prohibit the desecration of the flag of the United States, and provide a punishment therefor. [Stats. 1899, p. 46.] TITLE 176. FOLSOM. ACT 1203. To prevent goats from running at large in. [Stats. 1875-76, p. 385.] Repealed in 1897, p. 198. See 1901, p. 603. TITLE 177. FORCIBLE ENTRY. ACT 1208. Concerning forcible entries and unlawful detainers. [Stats. 1863, p. 652.] Amended 1871-72, p. 318. Citations. Cal. 41/361; 44/195; 51/182, 184. Effect of code on: See Norblett v. Farwell, 38 Cal. 155; Hemstreet v. Was- Bum, 49 Cal. 273. TITLE 178. FORECLOSURE. ACT 1213. Foreclosure suits, abolishing attorneys' fees in. [Stats. 1873-74, p. 707.] This act appears in full in Appendix, Code of Civil Procedure, p. 1968. It is provided that the fees of attorneys should be fixed by the court, notwithstand- ing a stipulation in the mortgage to the contrary. Citations. Cal. 55/51; 60/483; 62/393; 72/570; 84/207; 119/309; 128/ 557. TITLE 179. FORESTRY. See "Agriculture"; "Fruit-Trees and Vines"; "Horticulture"; "Viticulture"; "Silk Culture." ACT 1215. An act to create a fund to be known as the United States forest re- serve fund and to provide for the payment out of such fund to the treasuries of the several counties entitled thereto of certain moneys received from the government of the United States, and also to regulate the manner of expenditure by the counties of the moneys Bo paid. [Approved March 18, 1907. Stats. 1907, p. 346.] Amended 1909, p. 550. Act 1216, §§ 1, 2 GENERAL I AWS. 884 ACT 1216. An act to provide for the regulation of fires on, and the protection and management of, public and private forest lands within the state of California, creating a state board of forestry and certain officers subordinate to said board, prescribing the duties of such officers, creating a forestry fund, and appropriating the moneys in said fund, and defining and providing for the punishment of certain offenses for violations of the provisions of this act, and making an appro- priation therefor. [Approved March 18, 1905. Stats. 1905, p. 235.] "Cf. §§ 14 and 15 with Penal Code, §§ 384, 384a, 384b (1905, pp. 757, 758). See, also, §331/2, added to County Government Act of 1897 (1905, p. 394), and Civil Code, § 3346a, as adopted iu 1905 (1905, p. 621)." — Code Commis- sioners' Note. § 1. State board of forestry. — There shall be a state board of forestry, consisting of the governor, secretary of state, attorney general and state forester, which shall supervise all matters of state forest policy and management and convene upon the call of the governor or of its sec- retary, § 2. State forester and his duties. — There shall be a state forester, who shall be a civil executive officer, and who shall be a technically trained forester, appointed by the governor to hold office at the pleasure of the appointing power; and whether any candidate for the position is a technically trained forester shall be determined by certificate from the secretary of the United States Department of Agriculture, or from the Department of Forestry of the State University after such department is established. He shall receive a salary of twenty-four hundred dollars per annum, and shall be authorized and empowered to appoint two assistant foresters, whose salaries shall not exceed twelve hundred dol- lars each per annum. He shall maintain headquarters at the state capi- tol in an office provided by the secretary of state, and shall be allowed necessary office and contingent expenses. He and his assistants shall be paid reasonable traveling and field expenses which may be incurred in the necessary performance of their official duties. He shall act as secre- tary of the state board of forestry. He shall, under the supervision of the state board of forestry, execute all matters pertaining to forestry within the jurisdiction of the state; have charge of all fire wardens in the state, and direct and aid them in their duties; direct the protection and improvement of state parks and forests; collect data relative to forest destruction and conditions; take such action as is authorized by law to prevent and extinguish forest, brush and grass fires; enforce all laws pertaining to forest and brush-covered land, and prosecute for any violation of such laws; co-operate with land owners, as described in section 4 of this act; and publish from time to time such information of forestry as he may deem wise. He shall prepare annually a report to the governor on the progress and condition of state forest work, and 3 35 FORESTRY. Act 1216, §§ 3-7 loeommend therein plans for improving the state system of forest pro- tection, management and replacement. § 3. Supervision and care of state paries. — The California Eedwood Park and the Mt. Hamilton tract, together with all moneys heretofore or hereafter appropriated for the purchase of land for or care of said parks, tracts and stations, shall be in charge of the state board of forestry, said board to take place of and forthwith shall have all the powers and duties now possessed in accordance with law by persons or commissions with regard to the slate parks, tracts of land, and forest stations mentioned in this act, and also any forest or brush land which may hereafter become state property, or be placed definitely in the care of the state; and it is herebj^ further enacted that, if the government of the United States or any individual or corporation shall, at any time, donate or entrust to the state of California, for state park or state forest reserve purposes, any tract or tracts of wholly or partially wooded land, such tract or tracts of land shall be administered at the expense of the state, as provided by law. § 4. Co-operative worl: — The state forester shall, upon request and whenever he deems it essential to the best interests of the people and the state, co-operate with counties, towns, corporations and individuals in preparing plans for the protection, management and replacement of trees, woodlots and timber tracts, on consideration and under an agree- ment that the parties obtaining such assistance pay at least the field expenses of the men employed in preparing said plans. § 5. Publication of laws and notices. — The state forester shall prepare and print for public distribution, an abstract of all the forest laws of California, together with such rules and regulations in accord therewith as he may deem necessary, and shall annually print and distribute a list of all fire wardens with their addresses, all such matters to be published with the approval of the state board of forestry. He shall also furnish notices, printed in large letters on cloth, calling attention to the danger from forest fires and to forest fire and trespass laws and their penal- ties. Such notices shall be posted by the fire-wardens in conspicuous places along every highway in brush and forest covered country, at frequent intervals along streams and lakes frequented by tourists, hunt- ers or fishermen, at established camping sites, and in every postofficc in the forested region. § 6. Fire districts. — The state forester shall divide the state into such number of fire districts as shall be deemed by him most necessary to the efficiency of his work; and, furthermore, any county, or combination of less than four counties, shall be made a separate fire district, upon request of the county board or board of supervisors, in which case such special fire district shall pay the cost of maintaining its district fire- warden. §7. Duties of assistant foresters. — The duties of the assistant foresters shall be to devote their entire time to state forest interests according Gen. Laws — 25 Act 1216, §§ 8-11 GENERAL LAWS. 886 to rules and directions to be determined by the state forester, with the approval of the state board of forestry. They shall take prompt meas- ures to prevent and extinguish forest fires; keep a record of the cause, extent and damage of all forest fires in their respective districts, and perform such other duties as the state forester may direct. § 8. Voluntary fire-wardens and their duties. — The state forester shall appoint, in such number and localities as he deems vrise, public-spirited citizens to act as voluntary fire-wardens, who may receive payment for their services from the counties or from private sources. They .shall promptly report all fires and take immediate and active steps toward their extinguishment, report any violation of the forest laws, assist in apprehending and convicting offenders, and perform such other duties as the state forester may direct. The supervisors and rangers on the federal forest reserve within the state, whenever they formally accept the duties and responsibilities of fire-wardens, may be appointed as vol- untary fire-wardens, and shall have all the powers given to fire-wardens by this act. § 9. Powers and requirements of fire-wardens. — The state forester and all fire-wardens shall have the powers of peace officers to make arrests without warrant, for violations of any state or federal forest laws, and no fire-warden shall be liable to civil action for trespass committed in the discharge of his duties. Any fire-warden who has information which would show, with reasonable certainty that any person had violated any provision of such forest laws, shall immediately take action against the offender, either by using his own powers as a peace officer, or by making complaint before the proper magistrate, or by information to the proper district attorney, and shall obtain all possible evidence pertaining there- to. Failure on Wie part of any paid fire-warden to comply with the duties prescribed by this act shall be a misdemeanor, and punishable by a fine of not less than twenty dollars, nor more than two hundred and fifty dollars, or imprisonment for not less than ten days nor more than three months, or both such fine and imprisonment and the state forester is hereby authorized to investigate and prosecute such violations. § 10. Assistance of citizens in fighting fires. — All fire-wardens shall have authority to call upon able-bodied citizens between the ages of sixteen and fifty years, for assistance in putting out fires, and any such person who refuses to obey such summons, unless prevented by good and suf- ficient reasons, is guilty of a misdemeanor, and must be fined in a sum not less than fifteen dollars, nor more than fifty dollars, or imprison- ment in the county jail of the county in which such conviction shall be had, not less than ten days, nor more than thirty days, or both such fine and imprisonment; provided, that no citizen shall be called upon to fight fire a total of more than five days in any one year. § 11. Fire patrol. — In times and localities of particular fire danger the state forester may maintain a fire patrol through the fire-wardens, at Buch places in brush or forest land as the public interest may require, 387 FORESTRY, Act 1216, §§ 12-15 the expense of such patrol to be paid by the county in which such patrol is maintained; and, furthermore, he may, upon written request by counties, corporations or individuals, maintain a fire patrol on their forest lands, provided, that the expense of said patrol be paid by the party or parties requesting same. § 12. District attorneys to prosecute vigorously. — Whenever an arrest shall have been made for violation of any provision of this act, or when- ever any information of such violation shall have been lodged with him, the district attorney of the county in which the criminal act was com- mitted must prosecute the offender or offenders with all diligence and energy. If any district attorney shall fail to comply with the pro- visions of this section he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars in the discretion of the court. Action against the district attorney shall be brought by the attorney general in the name of the people of the state on the relation of the state forester. The penalties of this section shall apply to any magistrate with proper authority, who refuses or neglects to cause the arrest and prosecution of any person or persons when complaint, under oath, of violation of any terms of this act has been lodged with him. § 13. Destruction of warning notices. — Any person who shall destroy, deface, remove or disfigure any sign, poster or warning notice posted under the provisions of this act shall be guilty of a misdemeanor and punishable, upon conviction, by a fine of not less than fifteen dollars nor more than one hundred dollars, or imprisonment in the county jail for a period of not less than ten days nor more than three months, or both such fine and imprisonment. § 14. Willfully, maliciously and negligently setting forest fires. — Every person who willfullj^, maliciously or negligently sets on fire or causes or procures to be set on fire any woods, brush, prairies, grass, grain or stub- ble on any lands not his own, or allows the fire to escape from his own land, whereby any property of another is injured or destroyed, or acci- dentally sets any such fire or allows it to escape from his control with- out extinguishing it or using every effort to extinguish it, shall be guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than fifty dollars, nor more than one thousand dollars, or imprison- ment for not less than thirty days, nor more than one year, or both such fine and imprisonment. Setting such fires or allowing them to escape shall be prima facie proof of willfulness, malice or neglect under this section, provided, that nothing herein contained shall apply to a person who, in good faith, sets a back-fire to check a fire already burn- ing. § 15. Extinguishment of camp-pres. — Every person who upon departing from a camp or camping place, leaves fire burning or unextinguished, or who after building such fire allows it to spread, shall be guilty of a misdemeanor and punishable by a fine of not less than fifty dollars nor Act 1216, §§ 16-18 GENERAL LAWS. 388 more than five hundred dollars, with costs of suit and collection, one- half of such fine or such a portion thereof as shall not exceed fifty dollars, to be paid to the person securing the arrest and conviction of such offender, and if the defendant refuses or neglects to pay the fine and costs imposed, he shall be confined in the county jail of the county in which conviction shall be had, for a period not to exceed one day for every two dollars of the fine imposed, or may be subject to both such fine and imprisonment. § 16. Bestriction of use of fire in dry season. — It shall be unlawful during what is locally known as the "dry season," this to be considered as the period between May fifteenth and the first soaking rains of autumn or winter, for any person or persons to burn brush, stumps, logs, fallen timber, fallows, grass or forest-covered land, or blast wood with dynamite, powder or other explosives, or set off fire-works of any kind in forest or brush-covered land, either their own or the property of an- other, without v/ritten permission of and under the direction or super- vision of a fire-warden in that district; these restrictions not to apply to the ordinary use of fire or blasts in logging redwood, nor in cases where back-fires are set in good faith to stop an existing fire. Violation of these provisions shall be a misdemeanor, punishable, upon conviction, by a fine of not less than fifty dollars, nor more than one thousand dollars, or imprisonment not less than thirty days nor more than one year, or both such fines and imprisonment. § 17. Engines in forest land. — Logging, locomotives, donkey or thresh- ing engines, and other engines and boilers operated in, through or near forests, brush or grass land, which do not burn oil as fuel, shall be pro- vided with appliances to prevent the escape of fire and sparks from the smoke-stacks thereof, and with devices to prevent the escape of fire from ash-pans and fire-boxes. Failure to comply with these require- ments shall be a misdemeanor, punishable, upon conviction, by a fine of not less than one hundred dollars nor more than fiv& hundred dollars, and any person violating any provisions of this section shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars, for every such violation, or imprisonment for not less than thirty days nor more than three months, or both such fine and imprisonment. § 18. Civil liability for forest fires. — In addition to the penalties pro- vided in sections 14, 15, 16 and 17, of this act, the United States, state, county, or private owners, whose property is injured or destroyed by such fires, may recover, in a civil action, double the amount of damages suffered if the fires occurred through willfulness, malice or negligence; but if such fires were caused or escaped accidentally or unavoidably, civil action shall lie only for the actual damage sustained as determined by the value of the property injured or destroyed, and the detriment to the land and vegetation thereof. The presumption of willfulness, malice or neglect shall be overcome, provided, that the precautions set forth in section 17 are observed; or, provided, under section 16, fires are set during the "dry season" with written permission of and under the J S09 FORESTRY. Act 1217 direelion of the district fire-warden. Persons or corporations causing fires by violations of sections 14, 15, 16 and 17 of this act shall be liable to the state or county in action for debt, to the full amount of all ex- penses incurred by the state or county in fighting such fires. § 19. Clearing along county roads and land after lumhcring. — Counties, along the county roads, in forest or brush land, shall, when so directed by the state forester, and in a manner and to an extent proscribed by him, cut and remove all brush, grass and inllammable material from their rights of way. If such clearing is not done within a rca?onable time after notice, said time to be fixed by the state forester, the state for- ester shall have it done and the county shall be liable to the state in an action for debt to the amount of the expense thus incurred, and in addition thereto for the expense of any fire patrol rendered necessary by such delay. It is provided, further, that all lumber companies, cor- porations, or individuals shall, when so instructed by the state board of forestry, and at a time and in a manner prescribed by said board, carefully burn their slashings, by which is meant the tops, limbs, and general debris left after lumbering. § 20. Disposals of moneys received as penalties. — All moneys received as penalties for violations of the provisions of this act, less the cost of collection, and not otherwise provided for, shall be paid into the state treasury to the credit of the forestry fund, which fund is hereby cre- ated, and the moneys therein are hereby appropriated for purposes of forest protection, management and replacement under direction of the state board of forestry. § 21. Moneys for forest purposes. — County boards of supervisors may appropriate money for purposes of forest protection, improvement and management. § 22. Payment of expenses under thi^ act. — There is hereby appropri- ated for the fifty-seventh and fifty-eighth fiscal years, the sum of seven- teen thousand six hundred dollars .($17,600) for carrying out the pro- visions of this act, and for the payment of all salaries and expenses herein provided for. § 23. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ACT 1217. An act to appropriate one hundred thousand dollars from any moneys hereafter collected and received by the state of California from the United States in payment of the claims of this state arising out of the Indian and civil wars, to be expended in the acquisition, pres- ervation, and protection of the forests of this state; creating the state board of examiners a commission to carry this act into effect and for the disbursement of said moneys, and creating the "state forestry fund." [Stats. IflOo, p. 183.] Acts 1218-1228 GENERAL LAWS. 890 ACT 1218. To create a state board of forestry, and to provide for the expenses thereof. [Approved March 3, 1885. Stats. 1885, p. 10.] Repealed 1893, p. 229. ACT 1219. To enlarge the powers of the state board of forestry, and to provide for the expenses of said board. [Approved March 7, 1887. Stats. 1887, p. 46.] This act was not in terms repealed by the body of the act of March 23, 1893, p. 229, although its title purported to repeal the act, but it probably fell with the repeal of the act on which it was based. ACT 1220. An act to provide for the reforestation, the cutting of fire lanes and fire trails on the San Bernardino forest reserve, and to make an appropriation therefor. [Approved March 11, 1907. Stats. 1907, p. 200.] ACT 1221. An act to provide for the reforestation, the cutting of fire lanes and fire trails on the San Bernardino forest reserve, and to make au appro- priation therefor. [Approved April 14, 1909. Stats. 1909, p. 868.] ACT 1222. An act to fix the salaries of the state forester, deputy forester and as- sistant forester. [Approved March 22, 1909. Stats. 1909, p. 669.] § 1. The salary of the state forester shall be three thousand dollars per annum, that of the deputy forester eighteen hundred dollars per annum, and that of the assistant forester sixteen hundred dollars per annum, all such salaries to be paid as the salaries of other state officers are paid. § 2. All acts and parts of acts inconsistent with this act are hereby repealed. TITLE 180. FORT JONES. ACT 1225. Incorporation of. [Stats. 1871-72, p. 387.] TITLE 181. FRANCHISES. ACT 1228, An act providing for the cancellation of bonds given to secure the per- formance of the terms and conditions of franchises or privileges granted by the legislative or other governing body of counties or 391 FRANCHISES. Act 1229 municipalities, the release of the sureties on such tends, and the filing and acceptance of new bonds in lieu thereof. [Approved March 20, 1907. Stats. 1907, p. 747.] § 1. That in all cases where a bond or bonds have been given to secure the observance, fulfillment and performance of each and every term or condition, terms or conditions, or any thereof, of a franchise or privilege granted by a board of supervisors, board of trustees or com- mon council, or other governing or legislative body of any county, city and county, city or town within this state, the governing or legislative body of such county, city and county, city or town may, upon the peti- tion of the owner of said franchise or privilege, or upon the petition of the sureties on said bond or bonds, or upon the petition of any one or more of said sureties, cancel and annul said bond or bonds, and release the sureties thereon from any future liability, and accept and take in lieu thereof a new bond or bonds to be approved by the governing or legislative body of such county, city and county, city or town, in the same penal sum and containing the same terms and conditions as the bond or bonds so canceled and annulled; which new bond or bonds must be executed by the owner of said franchise or privilege and by new sureties satisfactory to the governing or legislative body of such county, city and county, city or town; provided, that any person, firm or cor- poration who acted as surety on the old bond or bonds so canceled and -annulled may act as surety on the new bond or bonds, if the same be satisfactory to the governing or legislative body of such county, city and county, city or town. §2. Immediately upon the acceptance by the governing or legislative body of such county, city and county, city or town of any new bond or bonds, filed with the governing or legislative body of such county, city and county, city or town as herein provided for, the old bond or bonds shall become canceled and annulled, and the sureties thereon shall by such cancellation and annulment be released from any future liability on such old bond or bonds, but such cancellation and annulment shall not release said sureties from any past liability; and thereafter the new bond or bonds, herein provided for, shall take the place of such old bond or bonds. § 3. This act shall take effect immediately. ACT 1229. An act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the grant- ing of such franchises by legislative or other governing bodies, and repealing conflicting acts. [Approved March 22, 1905. Stats. 1905, p. 777.] Amended 1909, p. 125. Citations. Cal. 153/712, 713, 715. §1. Every franchise or privilege to erect or lay telegraph or tele- phone wires, to construct or operate street or interurban railroads upon Act 1229, §§ 2-4 GENERAL LAWS. 392 any public street or highway, to lay gas-pipes for the purpose of carry- ing gas for heat and power, to erect poles or wires for transmitting electric heat and power along or upon any public street or highway, or to exercise any other privilege whatever hereafter proposed to te granted by boards of supervisors, boards of trustees, or common coun- cils, or other governing or legislative bodies of any county, city and county, city or town within this state, except steam railroads and except telegraph or telephone lines doing an interstate business, and renewals of franchises for piers, chutes or wharves, shall be granted upon the conditions in this act provided, and not otherwise. § 2. An applicant for any franchise or privilege above mentioned shall file with the governing or legislative body of the county or munici- pality an application, and thereupon said governing body shall, in its discretion, advertise the fact of said application, together with a state- ment that it is proposed to grant the same, in one or more newspapers of the county, city and county, city or town wherein the said franchise or privilege is to be exercised. Said advertisement must state that bids will be received for such franchise, and that it will be awarded to the highest bidder, and the same must be published in such newspaper once a day for ten successive days, or as often during said period as said paper is published, if it be a daily newspaper, and if there be no daily newspaper published in such county, city and county, city or town, then it shall be published in a weekly newspaper once a week for four sue- - cessive weeks, and in either case the full publication must be completed not less than twenty nor more than thirty days before any further action can be taken thereon. [Amendment approved March 3, 1909. Stats. 1909, p. 125.] § 3. The publication must state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it be a street railroad, the route to be traversed; that sealed bids therefor will be received up to a certain hour and day named therein, and that the successful bidder and his assigns must, during the life of said franchise, pay to the county or muuicipality two per cent (2%) of the gross annual receipts of the person, partnership or corporation to whom the franchise is awarded, arising from its use, operation or pos- session. No percentage shall be paid for the first (5) years succeeding the date of the franchise, but thereafter such percentage shall be pay- able annually; and in the event said payment is not made, said franchise shall be forfeited; provided, further, that if the franchise be a renewal of a right already in existence, the payment of said percentage of gross receipts shall begin at once. §4. In case the franchise granted shall be an extension of an exist- ing system of street railroad, then the gross receipts shall be estimated to be one-half of the proportion of the total gross receipts of said system which the mileage of such extension bears to the total mileage of the whole system, and said estimate shall be conclusive as to the amount of the gross receipts of said extension. J93 FRANCHISES. Act 1229, §§ 5, fl § 5. Said advertisement shall also contain a statement that the said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor; provided, only, that at the time of the opening of said bids any responsible person, firm or corporation present or represented may bid for said franchise or privilege, a sum not less than ten per cent above the highest sealed bid therefor, and said bid so made may be raised not less tlian ten per cent by any other responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold, and awarded by said governing body to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check, payable to the treasurer of such county or municipality, for the full amount of said bid, and no sealed bid shall be considered unless said cash or check is enclosed therewith and the successful bidder shall deposit, at least ten per cent of the amount of his bid with the clerk of such county or municipality before the franchise shall be struck off to him. And' if he shall fail to make such deposit immediately, then and in that case, his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit, as above mentioned. Said pro- cedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of at least ten per cent of the amount of his bid therefor, as herein provided. Said suc- cessful bidder shall deposit with the clerk of such county or municipal- ity, within twenty-four hours of the acceptance of his bid, the remaining ninety per cent of the amount thereof, and in case he or it shall fail tc do so, then the said deposit theretofore made, shall be forfeited, and the said award of said franchise shall be void, and the said franchise ghall then and there, by said governing body, be again offered for sale to the highest bidder therefor, in the same manner, and under the same restriction as hereinbefore provided, and in case said bidder shall fail to deposit with the clerk of such county or municipality, the remaining ninety per cent of his bid, within twenty-four hours after its accept- ance, the award to him of said franchise shall be set aside, and the deposit theretofore made by him shall be forfeited, and no further proceedings for a sale of said franchise shall be had unless the same shall be readvertised and again offered for sale, in the manner herein- before provided. § 6. Work to erect or lay telegraph or telephone wires, to construct street railroads, to lay gas-pipes for the purpose of carrying gas for heat and power, to erect poles or wires for transmitting electric heat or power, along or upon any public street or highway, or to exercise any privilege whatever, a franchise for which shall have been granted in accordance with the terms of this act, shall be commenced in good faith within not more than four months from the granting of any such fran- chise, and if not so commenced within said time said franchise so granted shall be declared forfeited, and shall be completed within not ■more than three years thereafter, and if not so completed within said Act 1229, §§ 7-H GENERAL LAWS. 394 time said franchise so granted shall be forfeited; provided, that for good cause shown the governing or legislative body may by resolution extend the time for completion thereof, not exceeding three months. §7. The successful bidder for any franchise or privilege struck off, sold, and awarded under this act shall file a bond running to said county, city and county, or city or town, with, at least, two good and sufficient sureties, to be approved by such governin|. body, in a penal sum by it to be prescribed, and set forth in the advertisement for bids, conditioned that such bidder shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with such governing body within five days aftet such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm or corporation to whom it has been struck off, sold, or awarded, and in ease that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said governing or legislative body, be readvertised, and again offered for sale in the same manner, and under the same restric- tions, as hereinbefore provided. § 8. It shall be the duty of the attorney general, upon the complaint of any county or municipality, or, in his discretion, upon the complaint of any taxpayer, to sue for the forfeiture of any franchise granted under the terms of this act, for the noncompliance with any condition thereof. § 9. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in any wise favor one person, firm or cor- poration, as against another, in bidding for the purchase thereof. § 10. Any member of any common council or other governing or legis- lative body of any county, city and county, city or town of this state, who, by his vote, violates or attempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor, and may be pun- ished therefor, as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and con- viction. § 11. All acts or parts of acts in conflict herewith are hereby re- pealed; provided, however, that nothing herein contained shall be con- strued as repealing, or amending the following acts, to wit: "An act relating to the granting by the counties and municipalities of franchise for the construction of paths and roads for the use of bicycles and other 395 FRAUDULENT CONVEYANCES. Acts 1230-1239 horseless vehicles," approved March t'wenty-seventh, eighteen hundred and ninety-seven; "An act to authorize cities and towns to grant fran- chises for the construction and maintenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby," being chapter forty of the laws of eighteen hundred and ninety-seven of the State of California. This act shall take effect immediately. ACT 1230. Providing for the sale of railroad and other franchises in municipalities and relative to granting franchises. [Stats. 1893, p. 288.] Amended 1897, p. 176. Superseded by 1897, p. 135. See Horton v. Los AiiKcIes, 119 Cal. 602. Citations. Cal. 111/546, 555; 117/700; 119/602, 603; 132/680; 134/622, ACT 1231. Providing for the sale of street railroad and other franchises in munici- palities, and providing conditions for the granting of such fran- chises by the legislative or other governing bodies. [Stats. 1897, p. 135.] Repealed 1901, p. 265. Unconstitutional: Pereria v. Wallace, 129 Cal. 397. ACT 1232. To provide for the sale of street railroad and other franchises in munici- palities. [Stats. 1901, p. 265.] Amended 1903, p. 90. "Repealed and superseded by 1905, pp. 777, 780. See City of Los Angeles v. Davidson, 33 Cal. Dec. 323." — Code Commissioners' Note. Citations. Cal. 142/228; 150/61, 62, 63. ACT 1233. Limiting the time for granting franchises for the construction, exten- sion, or operation of street railroads. [Stats. 1893, p. 29.] The code commissioners say this act is superseded by the act of 1897, p. 265. It appears in full in Appendix, Civil Code, p. 1931. ACT 1234. Relating to granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles. [Stats. 1897, p. 191.] Codified by § 524, Civil Code. See 1901, p. 267; 1905, p. 780; Political Code, § 4047. TITLE 182. FRAUDULENT CONVEYANCES. ACT 1239. Concerning fraudulent conveyances and contracts. [Stats. 1850, p. 87.] Amended 1856, p. 87; 1867-68, p. 110. Superseded by Civil Code, §§ 1237- 1231, 1624, 3439-3442. Acts 1244-1247 GENERAL LAWS. 896 TITLE 183. FREE LIBRARIES. ACT 1244. In reference to library associations. [Stats. 1863, p. 624.] Amended 1869-70, p. 366. "Repealed by § 288, Civil Code." — Code Commissioner's Note. ACT 1245. To establish free public libraries and reading-rooms. [Stats. 1880, p. 231.] Repealed 1901, p. 557. Citations. App. 2/761, 763, 765. ACT 1246. Free public libraries and reading-rooms, establishment of. [Stats. 1877- 78, p. 329.] Repealed 1880, p. 233. ACT 1247. An act to provide for the establishment and maintenance of public libraries within municipalities. [Approved March 23, 1901. Stats. 1901, p. 557.] Amended 1905, p. 296; 1909, p. 823. Citations. App. 2/761, 762, 763, 764, 765. Establishment. §1. The common council, board of trustees, or other legislative body of any incorporated city or town in the state of California, may, and upon being requested to do so by one-fourth of the electors of such municipal corporation in the manner hereinafter provided, must, by ordinance, establish in and for said municipality a public library; pro- vided, there be none already established therein. Petitions for. § 2. The request referred to in the preceding section may be by a single petition, or by several petitions; provided, that such several peti- tions be substantially in the same form, and that such single petition has, or such several petitions in the aggregate have, the signatures of the requisite number of electors. Management. § 3. Such public library shall be managed by a board designated as the board of library trustees, consisting of five members, to be ap- pointed by the mayor, president of the board of trustees or other execu- tive head of the municipality, by and with the consent of the legislative body of said municipality. Such trustees shall severally hold office for three years, serving without compensation; provided, that the members of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal 897 FREE LIBRARIES. Act 247, §§4-6 year, two at tlie end of one year thereafter, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such an appointment, and vacancies shall be filled by appointment for the unexpired term in the same manner. Trustees, meetings of. § 4. Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notice served upon each member at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tem. Such boards shall cause a proper record of their proceedings to be kept. [Amended by Stats. 1909, p. 823, though title did not state this section was amended. Also amended in 1905: Stats. 1905, p. 296.] Powers of trustees. § 5. Boards of library trustees shall have power: First — To make and enforce all rules, regulations and by-laws neces- sary for the administration, government and protection of the libraries under their management, and all property belonging thereto. Second — To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third — To prescribe the duties and powers of the librarian, secretary and other officers and employees of any such libraries; to determine the number of and appoint all such officers and employees, and to fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said boards. Fourth — To purchase necessary books, journals, publications and other personal property. Fifth — To purchase such real property, and erect or rent and equip, such buildings or building, room or rooms, as may be necessary, when in their judgment a suitable building, or portion thereof, has not been provided by the legislative body of the municipality for such libraries. Sixth — To require the secretary of state and other state officials to furnish such libraries with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. Seventh — To borrow books from, lend books to and exchange the same with other libraries, and to allow nonresidents to borrow books upon such conditions as they may prescribe. Eighth — To do and perform any and all other acts and things neces- sary or proper to carry out the provisions of this act. Annual reports. § 6. Boards of library trustees shall, on or before the last day of July in each year, make a report to the legislative body of their niuuici- Act 1247, §§ 7-10 GENERAL LAWS. 898 pality, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and forward a copy thereof to the state library at Sacra- mento. [Amended April 12, 1909. Stats. 1909, p. 825, though title did not state this section was amended. Also amended in 1905: Stats. 1905, p. 297.] Annual tax levy. § 7. The legislative body of any municipality in which a public library has been established in accordance with this act, shall in mak- ing the annual tax levy and as part thereof, if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of maintaining such library and purchasing property necessary therefor, which tax shall be in addition to other taxes, the levy of which is permitted in the municipality. Provided that after two years from the establishment of new libraries thereunder, where a maintenance cor- responding thereto, has not been otherwise provided, in municipalities of the first, second and third classes, such tax levy shall not exceed two mills on the dollar of assessed valuation, and in municipalities of the fourth, fifth and sixth classes such levy shall not exceed three mills on the dollar of assessed valuation. [Amended April 12, 1909. Stats. 1909, p. 825.] Disposition of revenue. §8. The revenue derived from said tax, together with all money ac- quired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be apportioned to a fund to be designated the library fund, and be applied to the purposes herein authorized. If such pay- ment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, bequest, the board shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest. Payments from this fund shall be made upon warrants issued after due audit by, and an order from, the library trustees, which warrants shall be signed by the president and secretary of said board of library trustees. The treasurer of the municipality shall pay such warrants without any further order or warrant from any other authority. [Amended April 12, 1909. Stats, 1909, p. 825.] Library to be free. § 9. Every library established under this act shall be forever free to the inhabitants and nonresident taxpayers of the municipality, sub- ject always to such rules, regulations and by-laws as may be made by boards of library trustees; and provided, that for violations of the same a person may be fined or excluded from the privileges of the library. Loaning of books. § 10. Boards of library trustees and the legislative bodies of neigh- boring municipalities or boards of supervisors of the counties in which 399 FREE LIBRARIES. Act 1248 public libraries are situated, may contract for lending the books of such libraries to residents of such counties or neighboring municipalities, upon a reasonable compensation to be paid by such counties or neigh- boring municipalities. Title to property, shall vest in whom. § 11. The title to all property acquired for the purposes of such libraries, when not inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the municipalities in which such libraries are, or are to be, situated, and in the name of the municipal corporations may be sued for and defended by action at law or other- wise. Act of 1880 repealed. § 12. An act entitled "An act to establish free public libraries and reading rooms," approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, that as to existing libraries this act is to be deemed a continuation thereof, and such libraries shall be governed hereby accordingly; provided, however, that this act shall have no ap- plication to any library established or governed by the provisions of a city charter, and the provisions of any city charter shall in no manner be affected by this act. Disestablishment of library. § 13. Any ordinance establishing a library adopted under the pro- visions of section 1 of this act must be repealed by the body which adopted the same upon being requested to do so by fifty-one per cent of the electors of such municipal corporations, as shown by the great register then in force, and upon the repeal of such ordinance such library shall be disestablished in such municipal corporation. [Amended April 12, 1909. Stats. 1909, p. 826, though title stated that this section was stricken out.] The amending act also contained the following: "Sec. 2. All acts and parts of acts inconsistent with this act are hereby modified in accordance with this act." ACT 1248. An act to provide county library systems. [Approved April 12, 1909. Stats. 1909, p. 811.] County library systems. § 1. The boards of supervisors of the several counties shall have power to establish and maintain, within their counties, county library systems in the manner and with the functions prescribed in this act. Manner of establishment. Ballots. Elections in cities. § 2. The board of supervisors of any county may submit the ques- tion of establishing a county library system to a vote of the electors of such county in the following manner: They shall, not less than fourteen days before the annual election of school trustees, send notices to the board of tru.stoes of each school Act 1248, §§ 3, 4 GENERAL LAWS. 400 district in the county, declaring that a vote on the question of estab- lishing a county library will be taken at the coming election of school trustees. The trustees shall post such notice in three public places within the district. The board of supervisors shall thereupon prepare two sets of ballots, one reading "For a county library" and the other "Against a county library," and send a sufficient number of them to the board of school trustees in each school district in the county. These ballots shall be kept on hand at the place where said election is held, and each elector voting at such election may use one of these ballots to express his wishes regarding the establishing of a county library. Such election for the establishment of a county library shall be conducted substantially in the manner prescribed for the election of school trustees, except that the result shall be certified to the county board of super-' visors, instead of the county superintendent of schools. In cities, where no election for school trustees is held on the day when such elections are held in other school districts of the county, the county board of supervisors may order a special election on the question of establishing a county library, to be held on the same day as in the school districts outside of such city, and be conducted substantially as elections for the issue of county bonds are now conducted. After the certificates of the election officers have been received by the county board of supervisors, the said board shall canvass and de- clare the result, and thereafter if a majority of the votes cast are for a county library, must pass an ordinance establishing a county library as herein provided. Nonparticipation in system. § 3. Not less than five days before any election regarding the estab- lishing of a county librarj^, as provided in section 2 of this act, the board of trustees, common council, or other legislative body of any in- corporated city or town in the county, or the board of trustees of any library district, may notify the board of supervisors that such city, town, or library district, does not desire to participate in the county library system, and thereafter such city, town or library district shall not participate in such election, and its inhabitants shall not be entitled to the benefits of such county library system when established, and the property within such city, town, or library district shall not be taxed for county library purposes. But such notice may at any time be withdrawn by such city, or library district. Supervision of county library. § 4. The county library shall be under the general supervision of a committee of three selected annually by the county board of supervisors from among its own members. The said committee shall elect a county librarian, who shall hold office for the term of four years, subject to prior removal for cause, after a hearing, by the library committee. The cause of such removal, together with all proceedings therefor, shall bp spread upon the minutes of such committee. The said county librarian need not be a resident of the county nor a citizen of the state of Call- 401 FREE LIBRARIES. Act 1248, §§ 5-7 fornia at the time of his election. Prior to entering upon the duties of his office, such county librarian shall file with the county clerk the usual oath of office and a bond, conditioned upon the faithful performance of his duties, with sufficient sureties approved by a judge of the superior court, in such sum as may be determined by the county board. Librarian, who eligible. Salaries. §5. No person shall be eligible for the office of county libiarian, un- less he has received, prior to his election, from the state librarian, or from the librarian of the University of California, or the Leland Stan- ford Junior University, a certificate to the effect that in the opinion of such librarian he is well qualified for the office. If at any time there shall be established by law in this state a system of certification of qualified, librarians, each county librarian elected thereafter for a first term must hold a proper certificate provided by such system, in place of the certificate above mentioned in this section. The salary of the county librarian shall, in the counties of the first to tenth classes, be two thousand four hundred dollars per annum; in the counties of the eleventh to twenty-ninth classes, two thousand dollars per annum; in counties of the thirtieth to fortieth classes, one thousand five hundred dollars per annum; in counties of the forty-first to fifty-fourth classes, one thousand dollars per annum; and in counties of the fifty-fifth to fifty-eighth classes, seven hundred and fifty dollars per annum. The county librarian shall also be allowed his actual and necessary expenses incurred in traveling on the business of his office. Towers of library coimnittee. § 6. The library committee appointed by the county board of super- v'sors, as aforesaid, shall have power to make general rules and rogu- liutions regarding the policy of the county library, and to determine the 'ijmber and kind of employees of such library. But the appointment and dismissal of such employees, and the management of the business of the library, including the determination of what books shall be pur chased, shall be entirely within the power of the county librarian. Duties of librarian. Assistants. §7. The county librarian shall, subject to the general rules adopted by the library committee, build up and manage, according to accepted principles of library management, a library for the use of the people of the county. He shall co-operate in every expedient manner with the librarians of other public libraries within the county, including the county law library, and render such assistance to all as will tend to increase their efficiency, and may establish delivery stations and branch libraries within the county. For this purpose, he may employ such as- sistants as may be authorized by the library committee; provided, that where such services are rendered to a library belonging to any munici- pal iorporation not taxed for the county library system, such services «]haP be paid for at a fair rate of compensation by such library, payable ",nto the county library fund established by this act. Gen. Laws — 26 Act 1248, §§ 8-11 GENERAL LAWS. 402 State librarian to have general supervision. § 8. The county library systems of the state shall be under the gen- eral supervision of the state librarian, who shall from time to time, either personally or by one of his assistants, visit the libraries in each county and inquire into their condition. The actual expenses of such visits shall be defrayed out of the state library fund. The state libra- rian may annually call a convention of county librarians, to assemble at such time and place as he shall deem most convenient, for the dis- cussion of questions pertaining to the supervision and administration of the public libraries, the laws relating thereto, and such other sub- jects affecting the welfare and interest of the county libraries as shall properly be brought before it. It is hereby made the duty of all the county librarians to attend and take part in the proceedings of such convention when it is called. The actual expenses of the county libra- rians attending the convention shall be paid out of the county library fund. Report of county librarian. § 9. The county librarian shall on or before the 15th day of July in each year, report to the county board of supervisors on the condition of his library system for the year ending June 30th preceding. Such reports shall, in addition to other matters deemed expedient by the county librarian, contain such statistical and other information regard- ing the county library system as may be deemed desirable by the state librarian. For this purpose the state librarian may send to the several county libraries instructions or question blanks, so as to obtain the material for a comparative study of library conditions in the state. At the time of making his annual report, the county librarian shall send a copy thereof to the state librarian. Libraries to be free, § 10. The county libraries established under this act shall be free to the use of the public; provided, that only residents of the county out- side of cities, towns, and library districts not taxed for county library purposes shall have the privilege of drawing books therefrom for use outside of the rooms of the library. Persons violating any of the rea- gouable rules established by the library authorities may be excluded from the use of the library. Tax levy. § 11. The county board of supervisors, after a county library has been established, shall annually levy in addition to all other taxes levied by them, a tax not to exceed one mill on the dollar of assessed valua- tion for the purpose of purchasing property for, and maintaining the county library. County bonds may be issued, in the manner prescribed in section 4088 of the Political Code, for the erection and equipment of library buildings and the purchase of land therefor. The county board of supervisors is authorized to receive, on behalf of the county, any gift, bequest or devise for the county library. The title to all the 403 FREE LIBRARIES. Act 1249 property telongirig to fhe county library stall be vested in the county. All funds of the county library system, whether derived from taxation or otherwise, shall be in the custody of the county treasurer. They shall constitute a separate fund, called the county library fund, and shall not be used for any purposes except those of the county library system. No money shall be paid out of the said county library fund, except on an order signed by the chairman of the library committee, and countersigned by the county librarian or his assistant. The said chairman shall sign no order upon the library fund, until a proper voucher for the claim upon which such order is based is filed and until such claim has been duly audited and allowed by the library committee. The fact that such claim has been audited and allowed shall be indorsed upon the voucher and attested by the signatures of at least two members of the committee. Public libraries may assume functions of county library. § 12. Instead of establishing a separate county library, the county board of supervisors may enter into a contract according to the pro- vision of this section with any city or incorporated town maintaining a free public library; and the Isoard of library trustees, or other author- ities in charge of such free public library of any such city or town, is hereby authorized to make such a contract. The said contract may provide that the public library of such city or town shall assume the functions of a county library within the county with which such con- tract is made, as provided in this act. The couuty board of supervisors may agree to pay annually into the library fund of such city such sum as may be agreed upon. Either party to such contract may terminate the same by giving six months' notice of intention to do so. How system may be discontinued. § 13. After a county library system has been established, it shall not be discontinued except by the two-thirds vote of the electors of the county voting at a special election called for the sole purpose of deter- mining whether such library shall be discontinued. Such election shall be carried on substantially in the manner now prescribed for the elec- tion on the issuing of county bonds. ACT 1249. An act to allow unincorporated towns and villages to establish, equip, and maintain public libraries; to provide for the formation, gov- ernment and operation of library districts; the acquisition of prop- erty thereby; the calling and holding of elections in such districts; the assessment, collection, custody and disbursement of taxes therein; and to create boards of library trustees. [Approved April 12, 1909. Stats. 1909, p. 815.] Libraries in unincorporated towns. § 1. Any unincorporated town or village of this state may establish, equip and maintain a public library for the dissemination of a knowl- Act 1249, I § 2-7 GENERAL LAWS. 404 edge of the arts, sciences and general literature, in accordance with the provisions of this act. Manner of establishment. § 2. Upon the application, by petition, of fifty or more taxpayers and residents of said town or village to the board of supervisors in the county in which said towil or village is located, praying for the forma- tion of a library district, and setting forth the boundaries of the said proposed district; the said board of supervisors must, within ten days after receiving said petition, by resolution, order that an election be held in the said proposed district for the determination of the question and shall appoint three qualified electors thereof to conduct said election. Election, how called. § 3. Said election shall be called by posting notice thereof in three of the most public places in said proposed library district, and by pub- lication in a daily or weekly paper therein, if there be one, at least once a week for not less than fifteen days. Said notices must specify the time, place, and the purposes of said election, and the hours during which the polls will be kept open; provided, that in districts with a popn- lation of ten thousand or over, the polls must be opened at eight o'clock A. M., and kept open until seven o'clock P. M., and in districts where the population is less than ten thousand, the polls must not be opened before one o'clock P. M., and must be kept open not less than six hours. Conduct of election. §4. Said election shall be conducted in accordance with the general election laws of this state, where applicable, without reference to form of ballot or manner of voting, except that the ballots shall contain the words, "For library district," and the voter shall write or print after said words on his ballot the word "Yes," or the word "No." Electors, qualifications of. §5. Every qualified elector, resident within the proposed 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. Return of result. § 6. It shall be the duty of the election oflficers to report the result of said election to the board of supervisors within five days subsequent to the holding thereof. Trustees, appointment of. §7. If a majority of the votes at said election shall be in favor of a library district, the said board of supervisors must, by resolution, establish said library district, and must appoint three trustees, who must be qualified electors and residents within the limits of the proposed library district, to be known and called a board of library trustees, of the town or village for which they are appointed. Such trustees shall severally hold ofiice for three years from the first day of July next succeeding their election and until their successors are elected and quali- 405 FREE LIBRARIES. Act 1249, §§ 8-11 fied; serving without eompensntinn; provided however, that the members of the first board appointed shall bo so classified by the board of super- visors at the time of their appointment, that one of their number shall go out of office on ttie thirtieth day of June next succeeding his appoint- ment, one at the end of one year thereafter, and the other at the end of two years thereafter. Vacancies shall be filled by the board of super- visors by appointment for the unexpired term. Proceedings if proposition be defeated. § 8. If a majority of the votes cast shall be against a library dis- trict, the board of supervisors shall, by order, so declare; no other pro- ceedings shall be taken in relation thereto until the expiration of one year from the date of presentation of the .petition. Tacts establishing the validity of district. §9. The fact of the presentation of the petition, and the order estab- lishing the library district and m.aking the appointment of the three library trustees, shall be entered in the minutes of the board of super- visors and shall be conclusive evidence of the due presentation of a proper petition, and that each of the petitioners was, at the time of signature and presentation of the petition, a taxpaj^er and resident of the proposed district, and of the fact ancT regularity of all prior pro- ceedings of ever}' kind and nature provided for by this act, and of the existence and validity of the district. Trustees, meetings of. § 10. Boards of library trustees shall meet at least once a month, at such time and place as they may fix by resolution. Special meetings may be called at any time by two trustees, by written notices served upon each member at least twelve hours before the time specified for the meeting. Two members shall constitute a quorum for the transac- tion of business. At its first meeting held after the first day of July the board shall organize by electing one of its number president, and another one of its number secretary; they shall serve as such for one year, or until their successors are elected and qualified. Such boards shall cause a proper record of its proceedings to be kept, and at the first meeting of the board of trustees of any library formed under the provisions of this act, it must immediately cause to be made out and filed with the state librarian at Sacramento a certificate showing that such library has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. Powers and duties of trustees. § 11. The board of library trustees so appointed by the said board of supervisors, and their successors, shall be authorized and they are hereby empowered, and it shall be their duty: First — To m.ake and enforce all rules, regulations and by-laws neces- sary for the administration, government and protection of the libraries under their management, and all property belonging thereto. Act 1249, § 12 GENERAL LAWS. 406 Second — To administer any trust declared or created for snch libraries, and receive by gift, devise, or bequest, and bold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third — To prescribe the duties and powers of the librarian, secretary, and other officers and employees of any such libraries; to determine the number of and appoint all such officers and employees, and fix their com- pensation, which said officers and emploj^ees shall hold their offices and positions at the pleasure of said boards. Fourth — To purchase necessary books, journals, publications and other personal property. Fifth — To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms, as in their judgment may be necessary to properly carry out the provisions of this act. Sixth — To require the secretary of state and other state officials to furnish such libraries with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. Seventh — To borrow books from, lend books to and exchange the same with other libraries, and to allow nonresidents to borrow books upon such conditions as the board may prescribe. Eighth— To do and perform any and all other acts and things neces- sary or proper to carry out the provisions of this act. Ninth — To file, through their secretary, on or before the last day in the month of July of each year, a report with the state librarian at Sacramento giving the condition of their library and the number of volumes contained therein on the thirtieth day of June preceding. Tenth — To designate the hours during which the library shall be open for the use of the public; provided however,, that all public libraries established under the provisions of this act, shall be open for the use of the public during every day in the year. Estimates of cost. § 12. In any library district formed under the provisions of this act, which is now maintaining a public library, or which shall have peti- tioned for and has been granted permission to establish, and intends to maintain a public library in accordance with this act, it shall be the duty of the board of library trustees therein, to furnish to the board of supervisors of the county wherein said library district is situated, each and every year, on or before the first day of September, an estimate of the cost of leasing temporary quarters, purchasing a suitable lot, of procuring plans and specifications and erecting a suitable building, of furnishing and equipping the same, and of fencing and ornamenting the grounds, for the accommodation of the public library, and of conduct- ing and maintaining the same for the ensuing fiscal year, or for any or all of said purposes; provided however, that the board of library trustees, may, M'hcn in its judgment it is deemed advisable, and upon the petition of fifty or more taxpayers residing within said library district, must call an election and submit to the electors of the said library district whether the bonds of said library district shall be issued and sold for any or all of the purposes of this act. 407 FREE LIBRARIES. Act 1249, §§ 13-17 Special tax levy. §13. When such estimate shall have been submitted to the board of supervisors of any eounty in which a public library district has been established, the said board of supervisors must, at the time of levying county taxes, levy a special tax upon all of the taxable property wfthin the limits of the said library district, sufficient in amount to maintain the said public library, or to purchase the site, erect and equip the building, improve the grounds or building, or for any or all of the pur- poses of this act. The taxes so levied shall be computed, entered upon the tax-roll, and collected in the same manner as other taxes are com- puted, entered and collected. Disposition of revenue. § 14. The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be paid into the couaty treasury to the credit of the library fund of the district wherein said tax was collected, subject only to the order of the library trustees of said district. If such payment into the treasury should be inconsistent with the terms or conditions of any such gift, devise, or bequest, the board of library trustees shall pro- vide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest. Library to be free. § 15. Every library established under the provisions of this act shall be forever free to the inhabitants and nonresident taxpayers of the library district, subject always to such rules, regulations, and by-laws as may be made by the board of library trustees; also provided, that for violations of the same a person may be fined or excluded from the privileges of the library. Loan of books. § 16. Boards of library trustees and the boards of trustees of neigh- boring library districts, or the legislative bodies of neighboring munici- palities, or boards of supervisors of the counties in which public libraries are situated, may contract to lend the books of such libraries to resi- dents of such counties or neighboring municipalities, or library dis- tricts, upon a reasonable compensation to be paid by such counties, neighboring municipalities, or library districts. Title to library property. § 17, The title to all property acquired for the purposes of such libraries, when not inconsistent with the terms of its acquisition, or not otherwise designated, shall vest in the district in which such libraries are, or are to be situated. Every library district must be designated by the name and style of library district, (using the name of the dis- trict), of county, (using the name of the county in which said district is situated) ; and in that name the trustees may sue and be sued, and may hold and convey property for the use and benefit of such Act 1249, §§ 18-24 GENERAL LAWS. 408 district. A number must not be used as a part of the designation of any library district. Election for trustees. § 18. An election for library trustees must be held in each library district, annually, at the public library, if there is one, and if there is none, at the place to be designated by the board of trustees; for the election of one library trustee, who shall hold office for three years dating from the first day of July next succeeding his election, or until his successor shall be elected, or appointed and qualified. Wumlser of trustees. § 19. The number of library trustees for any library district estab- lished under the provisions of this act, shall be three. Notice of election. §20. Not less than ten days before the election required in section eighteen of this act, the trustees must post notices in three public I^laces in the district, one of which places shall be the public library; which notices must specify the time and place of election, and the hours during which the polls will be kept open; if within five days of holding the election the trustees have failed to post the notices required under this section, then any three electors of the district may give notice. Conduct of election. § 21. Boards of trustees must appoint one inspector -and two judges to conduct the said election; if none are so appointed, or, if those ap- pointed are not present at the opening of the polls, the electors present may appoint them, and they shall conduct the election. Any member of the board of library trustees is hereby qualified to administer the oath and swear in the election officers. Polls, opening and closing. §22. In library districts with a population of ten thousand or over, the polls must be open at eight o'clock A. M., and kept open until seven o'clock P. M.; in districts where the population is less than ten thou- sand the polls must not be opened before one o'clock P. M., and must be kept open not less than six hours. Electors, (lualifications of. § 23. Every elector, resident of the library district, who is a quali- fied elector of the county, and who is registered in the district where the election is held at least thirty days before the election, may vote thereat. Voting. § 24. Voting must be by ballot (without reference to the general election law in regard to nominations, form of ballot, or manner of voting), which shall be handed by the elector voting to the inspector, 409 FREE LIBRARIES. Act 1219, 5 § 23-30 who shall then, in his presence, deposit the same in the ballot-box, and the judges shall enter the elector's name on the polMist. Challenges. §25. Any person offering to vote may be challenged by any elector of the district, and the judges of election must thereupon administer to the person challenged an oath, in substance as follows: "You do swear that you are a citizen of the United States, that you are twenty-one years of age, that you have resided in this state one year, in this county ninety days, and in this library district thirty days preceding this election, and that your name is on the great register of this county and was on the great register of a precinct of this library district at least thirty days before this election, and that you have not before voted this day." If he takes the oath prescribed in this section, his vote must be received, otherwise his vote must be rejected. Poll-lists. § 26. A poll and tally list must be kept and must be returned to the board of library trustees. Canvass of votes. § 27. The officers of election must publicly canvass the votes imme- diately after closing the polls, and make, sign, and deliver certificates of election to the person elected, which must, with the oath of office of the person so elected attached, be forwarded to the county clerk and filed in his office. Bonds, election for. § 28. The board of trustees of any library district may, when in their judgment it is deemed advisable, and must, upon a petition of fifty or more taxpayers and residents of said library district, 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 moucy for the purchase of suitable lots, of procuring plans and specifications and of erecting a suitable building, of furnishing and equipping the same, and of fencing and ornamenting the grounds, for the accommodation of the public library, or for any or all of the said purposes, or for any or all of the purposes of this act; for liquidating any indebtedness in- curred for said purposes, and for refunding any outstanding valid in- debtedness, evidenced by bonds or warrants of the district. Notice of bond election. §29. Such election must be called by posting notices, signed by the board, in three of the most public places in the district, for not less than twenty days before the election; and if there is a newspaper pub- lished in the district, or if not, a newspaper published in the county, by publishing such notice therein not less than once a week for three suc- cessive weeks. What notice must contain. §30. Such notice must contain: 1. Time and place of holding such election; Act 1249, §§ 31-35 GENERAL LAW3. 410 2. The names of inspectors and judges to conduct the same; 3. The hours during the day in which the polls will be open; 4. The amount and denomination of the bonds, the rate of interest and the number of years, not exceeding forty, the whole or any part of said bonds are to run. Conduct of election. §31. The election shall be conducted in accordance with the provisions of sections twenty-one, twenty-two, twenty-three, twenty-five, twenty- six, twenty-seven, of this act, in so far as they are applicable to the election for bonds. Voting. § 32. Voting must be by ballot (without reference to the general election law in regard to form of ballot, or manner of voting), except that the words to appear on the ballot shall be, "Bonds — Yes," and "Bonds — No," and except further, that persons voting at such bond election shall put a cross (X) upon their ballots, with pencil or ink, after the words "Bonds — Yes," or "Bonds — No," (as the case may be) to indicate whether they have voted for or against the issuance of the bonds; which said ballot shall be handed by the elector voting to the inspector, who shall then, in his presence, deposit the same in the ballot box, and the judges shall enter the elector's name on the poll-list. Canvass of returns. § 33. On the seventh day after said election, at eight o'clock P. M., the returns having been made to the board of trustees, the board must meet and canvass said returns, and if it appears that a majority of the votes cast at said election was in favor of issuing such bonds, then the board shall cause an entry of such fact to be made upon its minutes and shall certify to the board of supervisors of the county, all the proceedings had in the premises, and thereupon said board of super- visors shall be and they are hereby authorized and directed to issue the bonds of said district, to the number and amount provided in such proceedings, payable out of the building fund of such district, naming the same, and that the money shall be raised by taxation upon the taxable property in said district, for the redemption of said bonds and the pay- ment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per cent of the taxable property of said district, as shown by the last equalized assessment-book of the county. Form of bonds. § 34. The board of supervisors by an order entered upon its minutes shall prescribe the form of said bonds and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than forty years from the date thereof. Interest. § 35. Said bonds must not bear a greater amount of interest than six per cent, said interest to be payable annually or semiannually; and 411 FREE LIBRARIES. Act 1249, §§ 36, 37 said boncis must be sold in the manner prescribed by the board of super- visors, but for not less than par, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the building fund of said library district, and be drawn out for the purposes afore- said as other library moneys are drawn out. Tax levy, for interest and redemption. § 36. 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 tax- able property in such district, at the equalized assessed value thereof for that year, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annu- ally, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay such annual interest and to pay, annually, a pro- portion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, and all moneys so levied, when collected, shall be paid into the county treasury to the credit of the said library district, and be used for the payment of prin- cipal and interest on said bonds, and for no other purpose. The prin- cipal and interest on said bonds shall be paid by the county treasurer, upon the warrant of the county auditor, out of the fund provided there- for; and it shall be the duty of the county auditor to cancel and file with the county treasurer the bonds and coupons as rapidly as they are paid. Unsold bonds, disposition of. § 37. Whenever any bonds issued under the provisions of this act shall remain unsold for the period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the board of trustees of the library district for or on account of which said bonds were issued, or of any library district composed wholly or partly of territory which, at the time of holding the election author- izing the issuance of such bonds, was embraced within the district for or on account of which such bonds were issued, may petition the board of supervisors to cause such unsold bonds to be withdrawn from market and canceled. Upon receiving such petition, signed by a majority of the members of said board of trustees, the supervisors shall fix a time for hearing the same, which shall be not more than thirty days there- after, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published for ten days prior to the day of hearing, in some newspaper published in said library district, if there is one, and if there is no newspaper published in said library district, then in a newspaper published at the county seat of the county in which said library district or part thereof is situ- ated. At the time and place designated in the notice for hearing said petition, or at any subsequent time to which said hearing may be post- Act 1250 GENERAL LAWS. 412 poned, the supervisors shall hear any reasons that may be submitted for or against the granting of the petition, and if they shall deem it for the best interests of the library district named in the petition that such unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that said unsold bonds be canceled, and thereupon said bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. Dissolution of district. § 38. The district may at any time be dissolved upon the vote of two- thirds of the qualified electors thereof, upon an election called by the library trustees of such district, upon the question of dissolution. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, the property of the district shall vest in any incorporated town or city that may at such time be in occupation of a major portion of the territory of such library district and including within its town or city limits the property .and buildings wherein the library is situated; and if there be no such in- corporated town or city, then the property shall be vested in the board of supervisors of the county until the formation of such a town or city; provided, however, that if, at the time of such election to dissolve such district, there be any outstanding bonded indebtedness of such district, the vote to dissolve such district shall dissolve the same for all pur- poses excepting only the levy and collection of taxes for the payment of such indebtedness; and from the time such district is thus dissolved until such bonded indebtedness, with the interest thereon, is fully paid, satisfied and discharged, the legislative authority of such incorporated town or city, or the board of supervisors, if there be no such incorpo- rated town or city, is hereby constituted ex officio the library board of such district. 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 interest thereon, as herein provided. § 39. All acts or parts of acts conflicting with the provisions of this act are hereby repealed. § 40. This act shall take effect immediately. ACT 1250. An act to authorize the deposit of certain newspaper files kept in re- corders' offices, in free public libraries. [Approved March 19, 1909. Stats. 1909, p. 436.] §1. The county boards of supervisors of the several counties may authorize the recorders of their several counties to deposit with any free public library maintained at the county seat such newspaper files, or portions thereof, as may be in the custody of such recorders by virtue of an act approved April 8, 18G2, and entitled "An act for the purchase and preservation of public newspapers, printed and published in the several counties of this state," or by virtue of any other act. 413 FRESNO CITY— FRESNO COUNTY. Acts 1251-1264 §2. Before making such deposit, the said board of supervisors shall obtain from the board of trustees or other authorities in charge of such free public library an agreement that they will properly preserve and care for such newspaper files, and make them accessible to the public. TITLE 184. FEESNO CITY. ACT 1251. Fresno, town of, aud Merced, city, protection against fire. [Stats. 1877- 78, p. 214.] Superseded as to that city by the charter of Fresno, 1901, p. 833. ACT 1252. Charter of Fresno. [Approved January 28, 1901. Stats. 1901, p. 832. Amended 1905, p. 1026.] Cal. 151/467. ACT 1253. Preventing certain animals and fowls from running at large within the limits (if Fresno City. [Stats. 1875-76, p. 57.] Repealed 1897, p. 198. TITLE 185. FRESNO COUNTY. ACT 1258. County seat, locating. [Stats. 1873-74, p. 913.] ACT 1259. County auditor and county recorder, separation of offices for, and regu- lation of official salaries in. [Stats. 1875-76, p. 151.] Amended 1875-76, p. 368; 1877-78, p. 104. Repealed by County Govern- ment Act, 1897, p. 535, § 166. ACT 1260. Funds for improvement of courthouse and county hospital grounds [Stats. 1877-78, p. 174.] ACT 1261. Authorizing transfer of funds. [Stats. 1875-76, p. 249.] Superseded by subd. 18, § 25, County Government Act, 1897, p. 463. ACT 1262. To reduce the number of judges of the superior court of from three to two. [Stats. 1895, p. 156.] ACT 1263. To increase the number of superior judges of. [Stats. 1887, p. 57.] ACT 1264. For the appointment of an additional judge for. [Stats. 1893, p. 125.] Acts 1265-1278 GENERAL LAWS. 414 ACT 1265. To provide for the maintenance and construction of roads in. [Stats. 1877-78, p. 859.] Repealed 1883, p. 5, c. X, § 2. ACT 1266. Issuance of bonds for the construction of certain roads and bridges. [Stats. 1877-78, p. 395.] ACT 1267. To repeal all special laws in and to apply the provisions of the Political Code relating to roads and highways. [Stats. 1873-74, p. 342.] ACT 1268. Promoting sanitary conditions in towns and villages. [Stats. 1877-78, p. 383.] See subd. 20, § 25, County Government Act, 1897, p. 464. ACT 1269. Tax collectors of, bonds of. [Stats. 1875-76, p. 16.] Repealed by County Government Act, 1897, p. 475, § 66. ACT 1270. Treasurer of, salary of. [Stats. 1873-74, p. 236.] Amended 1877-78, p. 255. Repealed by County Government Act, 1897, p. 452. ACT 1271. Creating board of water commissioners for. [Stats. 1805-66, p. 777.] Amended 1875-76, p. 547. ACT 1272. Water ditches and water privileges in. [Stats. 1875-76, p. 547.] TITLE 186. FUNDS. ACT 1277. Authorizing transfer to the general fund of money in other funds of the state treasury. [Stats. 1871-72, p. 475.] This act provided that when the general fund was exhausted, moneys in other funds not needed in such funds could be transferred to it. ACT 1278. Authorizing the governor to order the transfer to the general fund of any money that may be in other funds of the state treasury, and the return thereof to such funds. [Stats. 1899, p. 156.] Superseded by Political Code, § 444. 415 FUNDS, Acts 1279-1284 ACT 1279. Requiring the payment into the state treasury of all moneys belonging to the state, received by state institutions, commissions, and otlicers, and directing the disposition of the proceeds. [Stats. 1899, p. 110.] Amended 1905, p. 382; 1906, p. 43; see Act 1284. ACT 1280. Providing for the payment of moneys in the state treasury to the credit of the swamp land fund, to the treasurers of the counties wherein the said swamp land districts are situated, and to provide for the control of the same by the auditor and treasurer of said counties, and pre- scribing the duties of the controller and treasurer in relation thereto. [Stats. 1891, p. 243.] Citations. Cal. 119/514. ACT 1281. Authorizing controller and treasurer to transfer certain moneys in cer- tain other funds to the general fund. [Stats. 1893, p. 6.] ACT 1282. Authorizing the treasurer and controller to transfer moneys from the state drainage construction fund to the general fund. [Stats. J 891, p. 237.] See Act 984, ante. ACT 1283. To authorize the controller and treasurer to transfer moneys from the construction fund of Drainage District No. 1 to the general fund. [Stats. 1891, p. 279.] - ACT 1284. An act authorizing the investment and reinvestment and disposition of any moneys in any sinking fund of any county, city and county, or incorporated city or town. [Approved March 3, 1909. Stats. 1909, p. 139.] §1. Any county, city and county or incorporated city or town, which now has or hereafter shall have any moneys in any sinking fund estab- lished for the purpose of providing for the payment of the principal or interest of any bonded or other indebtedness, or for any other purpose, is hereby authorized to invest any such moneys temporarily in any bonds already issued or hereafter issued of such county, city and county or incorporated city or town, respectively, or in bonds alrearly issued or hereafter issued of any school district situated, in whole or in part, within the limits of such county, city and county or incorporated city or town, or in bonds already issued or hereafter issued of the state of California or of the United States, and such investment may be made Act 1285 GENERAL LAWS. 413 by direct purchase of any issue of bonds, or part thereof, at the original sale of such bonds, or by the purchase of such bonds after they have been thus issued. Any bonds thus purchased and held in any such sinking fund may, from time to time, be sold and the proceeds tem- porarily reinvested in bonds as above provided. Sales of any bonds thus purchased and held in a sinkiug fund shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the sinking fund was created. §2. The functions and duties in this act authorized shall be pe?-- formed by the legislative or governing body of the county, city ana county or incorporated city or town, or under its authority. § 3. This act shall take effect immediately. ACT 1285. An act to provide for and regulate the deposit of county and municipal moneys in banks and banking corporations, limiting the aniuiint of public moneys that may be deposited therein, and providing a pen- alty for the illegal deposit and use thereof. [Approved March 23, 1907. Stats. 1907, p. 974.] Deposit of public moneys, other than state, in banks. Security recLuired. § 1. All moneys belonging to any county or municipality within thr iBtate, may be deposited by any officer of such county or municipality having the legal custody of such county or municipal funds in any licensed national bank, or banks, within this state, or in any bank, banks or corporations authorized and licensed to do a banking business, and organized under the laws of this state, provided that such bank or banks in which such moneys are deposited shall furnish as security for such deposits, bonds of the United States, or of this state, or of any county, municipality or school district within tliis state, approved by the officer making the deposit and the district attorney for the county or city attorney for the municipality to which the deposit belongs. The market value of the bonds furnished as security, shall be at )least ten per cent in excess of the amount of the deposit secured thereby; but the amount of the deposit shall in no case exceed the face value of the bonds furnished as security therefor; and provided that such bank, or banks, shall pay a reasonable rate of interest, not less than two per cent per annum on the daily balances therein deposited. Rate of interest to be fixed, when. § 2. The rate of interest shall be fixed annually as herein provided in the month of January of each year on all deposits to be made for such year; provided, that the rate of interest for the year ending De- cember 31, 1907, may be fixed as herein provided within ninety days after this act goes into effect. The rate of interest shall be fixed in the case of counties, by the treasurer, auditor, and chairman of the board of supervisors, and in the case of municipalities by the treasurer, auditor, (or clerk in municipalities having no auditor) and chairman of 417 FUNDS. Act 1285, 5§ 3-7 the council or other governing body of such municipality. Said rate of interest shall be a reasonable rate and not less than two per cent per annum on the daily balances deposited; and the rate of interest so established for each year as herein provided, shall be the uniform rate of interest required from all banks receiving deposits from the county or municipality, for that year. Interest on all moneys deposited as herein provided for shall belong to the county or municipality represented by the officer making such deposit and shall be paid quarterly into the general fund of such county or municipality except where the law otherwise directs. Eeceipt for deposit. § 3. It shall be the duty of the officer making the deposit, to receive from the bank in which the deposit is made, a receipt or receipts in duplicate showing the date and amount of deposit and rate of interest to be paid thereon, one copy of which said officer shall keep on file in his office and he shall file one copy with the auditor of the county or auditor of the municipality (or clerk in municipalities having no audi- tor) as the case may be. Record of deposits. § 4. Every treasurer shall keep a record in his office which shall be open to public inspection, showing at all times the amount of money on deposit and all banks in which the same is deposited, and dates of deposit. Also a record of all banks making application for the deposit of the public funds. Amount that may be deposited. §5. The total amount of public moneys on deposit in any bank, shall not at any one time exceed fifty per cent of the paid up capital stock of such depositary bank or banks. No officer shall have on deposit at any one time more than ten per cent of the public moneys under his control and available for deposit in any bank while there are other qualified banks requesting such deposits; provided, that no treasurer of a county or municipality, shall be required to deposit public moneys in any bank outside of the county owning the money or in which the municipality is situated. Receipts to be coimted as cash. § 6. The receipt issued by any bank for deposits made therein, to- gether with the bonds held as security therefor, shall be held by the treasurer making the deposit and be recognized and counted as cash to the amount recited in the receipt by the officers required by law to count the same. Deposits subject to call. § 7. Deposits, with interest thereon, shall be subject to withdrawal on demand of the treasurer making the same, or his successors in office, and any bank receiving the deposit of public moneys, may at any time return "the same to the public officer making such deposit, together Gen. Laws — 27 Act 1285, §§ 8-11 GENERAL LAWS. 418 with interest to date of return, and it shall be the duty of the public officer upon receiving the return of such deposit, to immediately re- turn to such bank all bonds held as security for the deposit returned. When any officer withdraws his deposit he shall return, on demand of the bank, such bonds as were held as security for the deposit or por- tion thereof withdrawn. On failure of bank to repay, security to be sold. § 8. Should any bank fail to pay any public moneys held on deposit as herein provided, the officer making such deposit may, after ten days' written notice to such bank, proceed to sell at public or private sale, such of the bonds held by him as security as he may see fit; provided, however, that he shall sell no bonds for less than their face value ex- cept at public sale after ten days' printed notice in some newspaper of general circulation published in the county where the sale is to take place. The proceeds of such sale, after paying all expenses, shall be credited to the account of the bank which deposited the bonds as col- lateral. Any bank failing to make payment, may, at any time before the sale of the bonds is completed, stop such sale by repaying all the moneys deposited with it, together with any expense that may have been incurred by the officer making such deposit, as the result of such failure. Should the proceeds of any such sale fail to fully repay any deposit, the balance remaining unpaid may be collected in an action of law in the name of the officer making the deposit. Public officials not responsible for loss. § 9. Public officials shall not be responsible for any loss of public moneys resulting from the deposit thereof when made in accordance with the provisions of this act. It shall be the duty of the officer mak- ing the deposit to safely keep all evidence of indebtedness issued by banks for deposits made therein, and bonds deposited for security and such public officer shall be responsible for such evidence of indebted- ness, and for bonds held as security therefor, together with the inter- est thereon and the proceeds of any sale of such bonds; and the city, county or municipality for which said officer acts, shall be responsible to such bank for the safe return of the securities furnished by it to such officer. Transportation of moneys. § 10. The expenses of transportation of moneys to or from the state, county or municipal treasuries to such depositaries shall be borne by such depositaries. Violation of act a felony. § 11. The making of profit out of county, city, town or other public moneys, or using the same for any purpose not authorized by law by any officer having possession or control thereof, shall be a felony. Any violation of the provisions of this act by a bank or a banking corpora- tion, shall be punishable by a fine not exceeding five hundred dollars for each offense and the officers of such bank or banking corporation and officer receiving such deposit shall be guilty of a felony. 419 FUNPS. Acts 1286-1290 Present laws not abrogated. § 12. Nothing in this act contained shall prevent any county or municipality within this state from buying bonds or otherwise i^nvest- ing its money in any manner now provided by law and nothing herein contained as to the disposition of interest on public moneys deposited shall apply to any money received or held by any county or municipal- ity wherein any law provides for the payment of interest or profit thereon, into any particular fund. § 13. All acts or parts of acts in conflict with this act are hereby repealed. § 14. This act shall take effect immediately. Citations. Cal. 152/6. ACT 1286. An act to provide for the loan from the school land fund to the state of California of the sum of two hundred fifty thousand dollars, providing for the transfer of said amount from the school land fund to the general fund and for the repayment of said amount with interest thereon, and authorizing the controller to transfer moneys from the school land fund to the general fund and from the general fund to the school land fund and from the general fund to the state school fund to carry out the purposes of this act. [Approved March 20, 1907. Stats. 1907, p. 752.] ACT 1287. An act to convert, transfer and return to the general fund of the state treasury, all unexpended moneys heretofore appropriated for the care, management or improvement, or for any other purpose, with reference to the "Yosemite Valley and Mariposa Big Tree Grove" or any money which may be or hereafter come into the Yosemite Valley and Mariposa Big Tree Grove. [Approved March 15, 1907. Stats. 1907, p. 2G8.] ACT 1288. An act authorizing the transfer of moneys from the salary fund of the state Normal School at San Francisco to the printing fund of said school. [Approved March 19, 1907. Stats. 1907, p. 687.] ACT 1289. An act authorizing the payment into the general fund of the state treasury of moneys held for the redemption of certain courions of the civil bonds of 1857 and providing for the redemption of said coupons. [Approved April 12, 1909. Stats. 1909, p. 842.] ACT 1290. An act authorizing the payment into the general fund of the state treasury of moneys held for the redemption of certain coupons of the Central Pacific Eailroad bonds of 1864 and providing for the redemption of said coupons. [Approved April 12, 1909. Stats. 1909, p. 843.] Acts 1291-1297 GENERAL LAWS. 420 TITLE 187. GALLINAS SLOUGH. ACT 1291. Gallinas Slough or Creek, in Marin County, declared navigable. [Stats. 1875-76, p. 4S5.] "Repealed by Pol. C, § 2349 as amended in 1891. Renewed by Pol. C, § 2349 as amended ia 1907." — Code Commissioners' Note. TITLE 188. GAMING. ACT 1293. To suppress gaming. [Stats. 1S55, p. 124.] Superseded by Penal Code, §§ 330-337. ACT 1294. To prohibit gaming. [Stats. 1857, p. 267.] Superseded by Penal Code, §§ 330 337. ACT 1295. To prohibit gaming. [Stats. 1860, p. 69.] Amended 1863, p. 723. Superseded by Penal Code, § 330 et seq. TITLE 189. GAME LAWS. ACT 1296. An act to regulate and license the hunting of game birds and animals and to provide revenue therefrom, for game preservation and res- toration and to make appropriation for the purpose of carrying out the objects of this act. [Approved March 13, 1907. Stats. 1907, p. 247. Repealed 1909, p. 663.] See Act 1297. ACT 1297. An act to regulate and license the hunting of wild birds and animals, and to provide revenue therefrom, for game and fish preservation and restoration. [Approved March 22, 1909. Stats. 1909, p. 663.] Licenses to hirnt game. § 1. Every person in the state of California, who hunts, pursues or kills nny of the wild birds or animals, excepting predatory birds or animals, without first procuring a license therefor, as provided in this act, is guilty of a misdemeanor. By whom issued. §2. Licenses granting the privilege to hunt, pursue or kill wild birds or animals, shall be issued and delivered upon application, by the county 421 GAME LAWS. Act 1297, §§ 3-7 clerk of any of the counties of this state, or by the state board of fish commissioners, who shall prepare suitable licenses of convenient form, and size, and have printed or stamped thereon the words: "Hunting License No. , State of California, expires .June 30, 19 — ," with the registration number, and appropriate year printed or stamped thereon, which said license shall be prepared and furnished to the county clerk, and for their own disposition, by the state board of fish commissioners, which board shall take receipt therefor by number and quantity, from the several county clerks, and the county clerk shall be responsible therefor and shall account for the same to the controller of the state every three months, beginning with July 1st of each year. For each license sold, registered and accounted for by any person excepting by a fish commissioner, he shall be allowed as compensation out of the game preservation fund, ten per cent of the amount accounted for. To whom issued, and fee for. § 3. The licenses herein provided for shall be issued as follows: First — To any citizen of the United States who is a bona fide resi-' dent of the state of California, upon the payment of one dollar. • Second — To any citizen of the United States, not a bona fide resident of the state of California, upon the payment of ten dollars. Third — To any person not a citizen of the United States, upon the payment of twenty-five dollars. Application for license. § 4. Every person applying for and procuring a license as herein provided shall furnish to the county clerk or state board of fish com- missioners, his name and resident address, which information shall be by the clerk or board entered in a book kept for that purpose, and provided by the state board of fish commissioners, together with a statement of the date of issuance and the number of the license issued to such person. Such applicant shall also furnish to the county clerk or fish commissioners a written description of himself, by age, height, nationality and color of the eyes and hair. Term of license. §5. All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued, to hunt, pursue and kill wild birds and animals, excepting predatory birds and animals, on and from the first day of July of the year in which such license is issued until the date of expiration written or stamped thereon, but no license shall continue in force for a period longer than one year. Disposition of moneys. § 6. All moneys collected from licenses as provided herein, and all fines collected for the violation of the provisions hereof shall be paid into the state treasury and credited to the game preservation fund. License not transferable. § 7. Not more than one license shall be issued to any one person for the same fiscal year, except upon an affidavit by the applicant that the Act 1298 GENERAL LAWS. 422 one issued has been lost or destroyed, and no license issued as herein provided shall be transferable or used by any other person than the one to whom it was issued. Must be exhibited on demand. §8. Every person having a license as provided herein, who while hunting refuses to exhibit such license upon demand of any officer au- thorized to enforce the game and fish laws of this state, or any peace officer of the state, shall be guilty of a misdemeanor; and every person lawfully having such license, who transfers or disposes of the same to another person to be used as a hunting license, shall forfeit the same. Violation of act. §9. Every person violating any of the provisions of this act, shall,, upon conviction thereof be punished by a fine of not less than ten, nor more than one hundred dollars, or by imprisonment in the county jail for a term of not less than ten, nor more than one hundred days, or by both such fine and imprisonment. Act of 1907 repealed. §10. An act entitled "An act to regulate and license the hunting of game birds and animals and to provide revenue therefrom for game preservation and restoration and to make appropriation for the purpose of carrying out the objects of this act," approved March 13, 1907, is hereby repealed. § 11. This act shall take effect and be in force on and after July 1st, 1909. ACT 1298. An act to regulate the vocation of fishing, and to provide therefrom revenue for the propagation, restoration and preservation of fish in the waters of the state of California. [Approved March 13, 1909. Stats. 1909, p. 302.] License rectuired. § 1. Every person engaged or employed in the vocation of fishing for profit in the public waters of this state must first obtain a license before engaging in such vocation. State controller to issue. Duty of fish commissioners. §2. The controller of state shall prepare suitable licenses, of the classes designated by the fish and game commissioners, which shall purport to license the holder of such license te fish in any of the pub- lic waters of this state with crawfish traps, lines, nets, seines, or by boat, for the term of one year from the first day of April of one year to the first day of April of the year following. The licenses shall be numbered consecutively, beginning with number one, and contain blanks for the insertion of the name of the holder, his resident address, and his description, by age, height, nationality, and color of eyes and hair, 423 GAME LAWS. Act 1298, §§ 3-6 whicli description shall be furnished by the applicant to the board of fish and game commissioners. The controller shall sign all licenses and dfliver the same to the fish and game commissioners, on demand, who shall be charged for the same by the controller. Each license, before delivery to the applicant for a license, must be countersigned by the president of the board of fish and game commissioners, and the presi- dent of the board of fish and game commissioners shall execute a bond to the people of the state of California, in the sum of two thousand ($2,000) dollars, for the faithful performance of the duties imposed upon him by this act. To whom licenses shall be issued. § 3. Licenses shall be issued and delivered upon application to the state board of fish and game commissioners or their deputies. The licenses herein provided for shall be issued as follows: To any citizen of the United States upon the payment of two and one-half (21/;) dol- lars; to any person not a citizen of the United States upon the pay- ment of ten (10) dollars. Not more than one license shall be issued to any one person for the same year, except upon an affidavit by the ap- plicant that the one issued has been lost or destroyed, and no license issued as herein provided shall be transferable or used by any other, person than the one to whom it was issued. Every person having a license as provided herein, who refuses to exhibit such license upon' demand of any officer authorized to enforce the fish and game laws of this state, or any peace officer of this state; or who transfers or dis- poses of the same to another person to be used as a fisherman's license; or who fishes with unlawful lines, nets, seines, or by modes or methods in violation of any law for the preservation of fish and game, shall forfeit this license. Fees, to whom payable. § 4. The said license fees must be paid to the fish and game commiB- sioners, or to some one designated by them for that purpose; and each of the commissioners, and such person or persons designated by them, is and are hereby empowered to arrest any person fishing, or using lines, or a boat, or net for fishing, without a license, contrary to the provisions of section one of this act. Disposition of fees. § 5. The money collected from such licenses shall be paid by the commissioners into the state treasury to the credit of the appropriation for the "Support and maintenance of hatcheries," and shall be applica- ble to the payment of the expenses of progagating, protecting, rostor- ing and introducing commercial fishes into the public waters of this state, and all other necessary expenses pertaining thereto. Penalty for violation of act. § S. The violation of any provision of this act is hereby declared a misdemeanor, and every person violating any of its provisions, shall, upon conviction thereof, be fined in a sum not less than ten nor more Acts 1299^1304 GENERAL LAWS. 424 than one hundred dollars, or by imprisonment in the county jail for a term of not less than ten nor more than one hundred days, or by both such fine and imprisonment; and all fines collected for any violation of any of the provisions of thi§ section shall be paid into the state treas- ury to the credit of the "Fish and game preservation fund." § 7. All acts and parts of acts, so far as they conflict with this act, are hereby repealed. § 8. This act shall take effect immediately. ACT 1299. An act to provide for the acquisition, equipment and use of a railway car for the purpose of distributing live fish and stocking the waters of this state with fish, and making an appropriation therefor. [Approved March 21, 1907. Stats. 1907, p. 777.] ACT 1299a. An act to authorize the board of fish commissioners of the state to con- struct a fish repository on the Stanislaus River in Tuolumne County, and making an appropriation therefor. [Approved March 13, 1907, Stats. 1907, p. 249.] ACT 1300. To create the office of fish and game warden, and to prescribe thei powers, duties, and salary of such officer. [Stats. 1895, p. 169.] Amended 1905, p. 319. Codified: See Political Code, §§ 4149b-4149d. ACT 1301. Authorizing the fish commissioners to purchase the land on which the, state fish hatcheries at Sisson are situated. [Stats. 1891, p. 258.] ACT 1302. To provide for purchasing land for the state fish hatchery at Sisson, in, Siskiyou County, and for making certain improvements and re-, pairs at said hatchery, and making an appropriation therefor. [Approved March 25, 1903. Stats. 1903, p. 434.] ACT 1303. Authojizing commissioners to remove obstructions in American River. [Approved March 5, 1889. Stats. 1889, p. 66.] ACT 1304. To provide for removing obstructions in Pitt River, above the mouth of Hat Creek, so as to enable salmon to reach the spawuing-grounds on the upper waters of said river and its tributaries, and making an appropriation therefor. [Approved March 25, 1901. Stats, 1901, p. 808.] 425 GAME LAWS. Acts 1305-1315 ACT 1305. Authorizing the board of fish commissioners to construct a steam launch. [Stats. 1885, p. 124.] ACT 1306. To authorize the board of fish commissioners to purchase or construct a gasoline launch, to aid in carrying out the purposes of said board, and appropriating money therefor. [Stats. 1893, p. 346.] ACT 1307. Authorizing fish commissioners to dispose of the steam launch Gover- nor Stoneman and to replace it by two smaller boats to be used as patrol boats. [Stats, 1889, p. 350.] ACT 1308. To authorize state board of fish commissioners to import game birds into the state for propagation. [Stats. 1889, p. 304.] ACT 1309. Authorizing fish commissioners to build and maintain a salmon hatchery. [Stats. 1885, p. 31.] ACT 1310. Authorizing the board of fish commissioners to dispose of the hatchery located on Battle Creek in Tehama County, and to expend the pro- ceeds of the same. [Stats. 1897, p. 89.] ACT 1311. Nevada County, protecting game in. [Stats. 1873-74, p. 80.] "Probably modified and repealed by Penal Code, §§ 626e, 626f, 626h, and 62 Gi." — Code Commissioner's Note. ACT 1312. Yolo County, restricting the hunting of game in. [Stats. 1871-72, p. 411.] "Probably superseded by the general laws on the subject. See Penal Code, §§ 635, 636, 636a." — Code Commissioner's Note. ACT 1313. To prevent the destruction of deer on Mt. Diablo, in Contra Costa County. [Stats, 1877-78, p. 599.] This act appears in full in Appendix, Penal Code, p. 2053. ACT 1314. Mockingbirds, act to prevent destruction of. [Stats. 1871-72, p. 102.] This act appears in full in Appendix, Penal Code, p. 2053. ACT 1315. Sea-gulls at Santa Monica, protection of. [Stats. 1875-76, p. 287.] This act prohibited the killing of seagulls within five miles of the town. Codified by § 599 of Penal Code, 1905; repealed 1907. Acts 1316-1325 GENERAL LAWS, 426 ACT 1316. To prevent capture ana destruction of blue cranes. [Stats. 1889, p. 205.] Codified by § 599 of Penal Code, 1905; repealed 1907. ACT 1317. To prevent destruction of fish and game in the waters of Lake Merritt, Alameda County. [Stats. 1869-70, p. 325.] Continued in force by Political Code, S 19, and Penal Code, § 23. ACT 1318. Napa County, for the protection of fish and game in. [Stats. 1871-72, p. 550.] "Probably repealed by the general laws upon the subject. See Penal Code, §§ 635, 636, 636a." — Code Commissioners' Note. ACT 1319. To regulate the vocation of fishing, and to provide therefrom revenue for the protection and preservation of fish. [Stats. 1887, p. 233.] ACT 1320. To prohibit aliens from fishing in the waters of this state. Stats. 1880, p. 123.] Unconstitutional : In re Ah Chong, 5 Pac. Coast L. J. 451. In full in Appendix, Penal Code, p. 2047. ACT 1321. For the protection of certain kinds of fish. [Stats. 1880, p. 106.] Expired in 1882. This act prohibited the catching of catfish, except by hook and line. ACT 1322. Construction, maintenance, and regulation of fishways in streams fre- quented by salmon, shad, etc. [Approved April 16, 1880. Stats. 1880, p. 121.] Superseded by Penal Code, § 637. ACT 1323. Alameda County, prohibiting destruction of fish in. [Stats, 1877-78, p. 598.] This act is in Appendix, Penal Code, p. 2050. ACT 1324. To prevent destruction of fish in Bolinas Bay. [Stats. lSf)."-66, p. 637.] Continued in force by Political Code, § 19, and Penal Code, § 23. ACT 1325. For the protection of fish in Butte Creek, in the county of Butte. [Stats. 1871-72, p. 138.] Amended 1873-74, p. 87. Probably superseded by the general laws on the subject. 427 GAME LAWS, Acts 1326-1334 ACT 1328. Kegulatiug salmon fisheries on Eel River. [Stats. 1859. p. 298.] Continued in force by Political Code, § 19, and Penal Code, § 23. See Hick- man V. Swett, 107 Cal. 276. ACT 1327. Lake Bigler, preservation of fish in the waters of. [Stats. 1877-78, p. 746.] This act appears in full in Appendix, Penal Code, p. I'Ojl. ACT 1328. Kings River, to prevent destruction of fish in. [Stats. 1877-78, p. COl.] This act appears in Appendix, Penal Code, p. 2051. ACT 1329. To prevent destruction of fish in Napa River and Sonoma Creek. [Stats. 1867-68, p. 13.] Amended 1871-72, p. 441. Continued in force by Political Code, § 19, and Penal Code, § 23. ACT 1330. San Antonio Creek, preventing catching of fish in, by seines, nets, or weirs. [Stats. 1875-76, p. 362.] This act appears in Appendix, Penal Code, p. 2049. See Penal Code, §§ 636, 636a. ACT 1331. Plumas and Sierra counties, protecting fish in waters of. [Stats. 1871- 72, p. 794.] Repealed 1873-74, p. 154. ACT 1332. Plumas and Sierra counties, protecting fish in. [Stats. 1873-74, p. 154.] Repealed 1875-76, p. 725. ACT 1333. Siskiyou County, preservation of fish in waters of. [Stats. 1871-72, p. 385.] "Probably superseded by the general laws upon the subject. See Penal Code, §§ 635, 636, 636a." — Code Commissioners' Note. ACT 1334. Concerning trout in Siskiyou County. [Stats. 1865-66, p. 857.] Continued in force by Political Code, § 19, and Penal Code, § 23. "Modified by Penal Code, §S 628, 632." — Code Commissioners' Note. Acts 1335-1340b GENERAL LAWS. *?« ACT 1335. Concerning the payment of costs of trials of persons charged with vio- lation of the laws for the preservation of fish. [Stats. 1887, p. 5.] Amended 1903, p. 20. This act provided that the expense should be borne by the state. It is in tbe Appendix, Penal Code, p. 2046. ACT 1336. An act empowering the boards of supervisors of the several counties of the state, in their discretion, to establish and maintain fish hatcheries and provide for the expense of the establishment and maintenance thereof. [Approved March 21, 1907. Stats. 1907, p. 757.] ACT 1337. An act to prevent fishing or the taking of fish by means of weirs, dams, nets, traps or seines, in False Bay or in the entrance thereto. [Approved March 25, 1909. Stats. 1909, p. 751.] ACT 1338. An act to prevent fishing, or the taking of fish by means of weirs, dams, nets, traps or seines in the bay of San Diego or in the en- trance thereto. [Approved February 19, 1907. Stats. 1907, p. 9. Kepealed 1909, p. 942.] ACT 1339. An act to prevent the taking of fish by means of weirs, dams, nets, traps or seines, in certain tide water on the coast of Mendocino County. [Approved March 25, 1909. Stats. 1909, p. 753.] ACT 1340. An act to create a preserve for crabs within Eel Eiver and the en- trance thereto and Humboldt and Trinidad Bays and the waters of the Pacific Ocean adjacent thereto, and to regulate the taking of crabs from such preserve for commercial purposes. [Approved March 13, 1909. Stats. 1909, p. 298.] ACT 1340a. An act to prevent the destruction of wild game within the boundaries of the Pinnacles forest reserve and Pinnacles national monument in the counties of San Benito and Monterey, in the state of Cali- fornia. [Approved March 25, 1909. Stats. 1909, p. 750.] ACT 1340b. An act to create a fish game preservation fund and to unite the "fish commission fund," and the "game preservation fund" into a com- mon fund to be known as "fish and game preservation fund." [Approved March 15, 1909. Stats. 1909, p. 392.] 429 GAS. Acts 1340C-1344 ACT 1340c. An act to provide for the transfer to the state of California by owners of patented lands therein of the right to preserve and protect wild game on such patented lands; to define the duties of the state board of tish commissioners in relation to the control of such rights, and to declare the hunting of wild game within the exterior bound- aries of the land to which such right attaches, a misdemeanor. [Approved March 21, 1907, Stats, 19U7, p, 78S.] Amended 1909, p. 518. ACT 1340d, An act to create a preserve for shellfish and invertebrate animals within a portion of the bay of Monterey and to prohibit taking the same from such preserve for commercial purposes. ["Approved March 21, 1907. Stats. 1907, p. 758.] TITLE 190. GAS. ACT 1341, For the protection of gas-light companies. [Stats. 1859, p. 309.] Superseded by Penal Code, § 498, ACT 1342, Concerning gas companies. [Stats. 1869-70, p. 815.] This act provided for the granting of franchises to gas compoiiies. It was con- tinued in force by § 19, Political Code, but was superseded by the constitution of 1879, art. XI, § 19. Citations. Cal. 139/183. ACT 1343. To regulate the use of illuminating gas. [Approved March 20, 1?»03. Stats. 1903, p. 289.] This act appears in full in Appendix, Penal Code, p. 2054. It provided gas should not be turned oflf at meter by hotel or lodging-house keepers. ACT 1344. An act to regulate the quality and standard illuminating power and the price of gas in all cities within the state of California having a population of one hundred thousand or more. [Approved March 4, 1878. Stats. 1877-78, p. 167.] Repealed as to San Francisco by c. 2 of art. I of the charter. Citations. Cal. 62/591 ; 76/326. Quality and price of gas to be fi.xed by •whom. § 1. That in all cities in the state of California having a popula- tion of one hundred thousand or more, the local legislative body tliereof, wliefher known and designated as the board of supervisors, or board of aldermen, or common council, or board of trustees, or otherwise, are Act 1344, § 2 GENERAL LAW3. 430 hereby authorized and required to fix the standard quality and illu- minating power of gas to be furnished, and the rate and price for each one thousand cubic feet to be charged therefor by any person, eompanj'-, or corporation whose pipes or mains are or shall be laid down in the streets or highways of such city, for the purpose of supply- ing gas for tlie use of such city, or for the inhabitants thereof, or for such city and its inhabitants; provided, however, that said board or local authority shall not fix or establish the standard quality and illu- minating 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 give light at least equal to that afforded by the combustion of sixteen standard sperm candles consuming one hundred and twenty grains of sperm each per hour, the burner to be used in making such test to be that best adapted to the economical consumption of gas; and provided, further, that such board of supervisors, or local legislative authoritj', by whatever name it may be known, shall not fix or establish the rate or price of gas so furnished to such city or its inhabitants at any. greater price or rate than three dollars per thousand cubic feet. Mayor to appoint an inspeetor. §2. It shall be the duty of the mayor of each city having the popu- lation mentioned in section 1 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 qualities and illuminating power of gas, and who shall not be directly or indirectly interested in or connected with any person, company, or corporation engaged in the manufacture or furnishing of illuminating gas in such city, or else- where, 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; sub- ject, however, to removal from his said office by the mayor, with the concurrence of a majority of the board of supervisors, or other local legislative board aforesaid, for any one of the following causes, to wit, by reason of any interest in the manufacture or furnishing of gas in such city, whether such interest existed at the date of his appoint- ment or was afterward acquired, or for want of competent knowledge. skill, or experience to enable him properly to discharge the duties of said office, or for any neglect, misconduct, or inefficiency in the dis- charge of the duties of said office, to the prejudice of such city, or its inhabitants, or any of them. The person so appointed shall, before he enters upon the duties of said office, and within ten days after his ap- pointment 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 ordinances or resolutions of said board passed or adopted under and pursuant to the provisions thereof, 431 GAS. Act 1344, §§ 3-5 as such gas inspector of such city, and shall also, within the same time, give bond to the city in and for which he is appointed, in the sum of ten thousand dollars, with sureties to be approved by said board, con- ditioned for the faithful performance of the duties of said olTiee, 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. § 3. It shall be the duty of such inspector, immediately upon his ap- pointment and qualification as such officer, as aforesaid, to make a careful examination and inquiry by inspection, letter, or otherwise, as to the quality and illuminating power of the gas furnished and used in the principal cities of the United States, and the prices charged there- for, and also the comparative cost of the manufacture and supply of gas in other cities of the United States, with the cost of the manufac- ture and supply of the same in the city for which he is such inspec- tor, and report fully the result of such examination and information to said board within six months after his appointment and qualification;, and upon receiving such reports, said board shall proceed to fix and, establish the quality and standard illuminating power of gas to be. used in such city, and the maximum price to be charged 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. §4. After said board shall have fixed and established the quality, and illuminating power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to examine and inspect, from time to time, at least once every week, without notice to the person, company, or corporation furnishing the same, the quality and 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 said board; and at: such other times as he may be requested thereto by the mayor or any. committee of said board, he shall report to said board upon any and all matters connected with the manufacture, supply, and consumption of. gas coming within the scope of his official duties, and specially upon, any subject or subjects, matters or things, connected' therewith and specified in such request. Certain acts declared unlawful. § 5. After said board shall have fixed and established the quality and. standard illuminating power of the gas, and the price per thousand, cubic feet, as in this act provided to be charged therefor, it shall be. unlawful for any person, company, or corporation to furnish to such- city, or any inhabitant thereof, or other person therein, for illuminat- ing purposes, gas of a lower standard or quality, or to charge or re- Act 1349 GENERAL LAWS. 432 ceive therefor a higher price than is provided by said board, under the authority and subject to the limitations of this act; and for every violation of the provisions of this act, or the provisions of any order,' 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 courb of competent jurisdiction; and each day upon which such person, com-* pany, 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 per-" son, company, or corporation shall take an account of gas consumed, and for which they shall charge or receive a price greater than that' fixed by said board, shall be held and regarded as one offense, and any number of such offenses of either class, or both, may be joined in the same action, and the several penalties for the several violations proved or confessed 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. Actions "tried, "by whom, § 6. All actions for penalties under the provisions of this act shall be tried by the court, unless a jury be demanded by either party; and when such action shall be tried by a jury, the jury shall find, as to each violation charged in the complaint, that "the defendant is guilty," or "the defendant is not guilty"; and upon each charge in respect to which the jury has found the defendant guilty, the court shall fix the penalty, and render judgment for the aggregate amount of such penal- ties, together with costs of suit. §7. All penalties recovered under this act shall be paid into the general fund of such city. § 8. This act shall apply to the city and county of San Francisco, as well as to cities whose municipal government is distinct from the county in which they are located. § 9. This act shall take effect immediatelj. TITLE 191. GEOLOGICAL SUEVEY. ACT 1349. To continue the geological survey of the state of California. [Stats. 1871-72, p. 355.] "Probably intended to be repealed by 1873-74, p. 694, c. CDLXIII." — Code Commissioners' Note. 433 GIFTS— GOATS. Acts 1350-1367 ACT 1350. State geological survey, preservation of material of. [Stats. 1873-74, p. 694.] TITLE 192. GIFTS. ACT 1355. To provide for the receipt of donations to the state, counties, cities and counties, or towns. [Stats. 1880. p. 29.] Codified by § 453a, Political Code. See, also, § 4052a, Political Code. ACT 1356. To authorize the several counties, cities and counties, cities, and towns to receive gifts. [Stats. 1881, p. 2.] See §1275 of the Civil Code; §§453a and 4n52a. Pol. Pode : also Aft 1^5r>, ante. TITLE 193. GILEOY. ACT 1357. Incorporating Gilroy. [Stats. 1869-70, p. 263.] Amended 1871-72, p. 356; 1875-76, p. 724. TITLE 194. GLENN COUNTY. ACT 1362. To create the county of Glenn, establish the government and provide for its organization. [Stats. 1891, p. 98.] Amended 1893, p. 158. Citations. Cal. 98/228; 104/236; 122/429; 152/228. TITLE 195. GOATS. To protect cashmere and angora goats from the raA-ages of dogs. See tit. "Dogs," ante. ACT 1367. An act to prevent buck goats running at large. [Approved March 23, 1878. Stats. 1877-78, p. 437.] Codified by § 597g of Penal Code, 1905. Goats in particular cities or counties. See particular title. Gen. Laws — 28 Acts 1372-1388 GENERAL LAWS. 434 TITLE 196, GOLDEN CITY HOMESTEAD ASSOCIATION. ACT 1372. To authorize sale and conveyance of lands in San Francisco to Golden City Homestead Association. [Stats. 1863-64, p. 463.] This act permitted the commissioners of swamp and overflowed lands to sell certain lands to this homestead association. TITLE 197. GOOD TEMPLAES. ACT 1377. Concerning Independent Order of Good Templars. [Stats. 1863, p. 101.] See § 288, Civil Code. This act gave authority to acquire property necessary to carry out its charita- ble purpose. TITLE 198. GOVERNOE. ACT 1382. Authorizing the appointment of a stenographer for. [Stats. 1891, p. 1.] This act appears in full in Appendix, Political Code, p. 1833. ACT 1383. Governor's mansion, fitting up for use as a state printing office and state armory. [Stats. 1873-74, p. 903.] Repealed 1875-76, p. 22 (Am.). ACT 1384. Providing for the maintenance of a residence for. [Stats. 1899, p. 150.] ACT 1385. Providing for the construction and furnishing of a residence for; [Stats. 1899, p. 73.] Amended 1903, p. 415. ACT 1385a. An act providing for the maintenance of a residence for the governor of the state of California, and providing the salaries of the neces- sary employees and servants selected and employed by the gover- nor therein, and for the appropriation of necessary moneys for such purpose, and directing the state controller to issue warrants upon the general fund, and directing the state treasurer to pay said warrants. [Approved March 11, 1907. Stats. 1907, p. 214.] ACT 1386. Empowering the governor to execute a quitclaim deed to the successors in interest of James Bowman. [Stats. 1893, p. 151.] 435 GRAND ARMY OF THE REPUBLIC— GROWING TREES. Acts 1387-1404 ACT 1387. Imposing certain duties on, respecting rewards. [Stats. 1875-76, p. 855.] Repealed by § 1547, Penal Code, as amended 1905, Citations. Cal. 63/466. ACT 1388. An act to authorize, empower, and direct the govrmor of the state of California to employ counsel, agents, and attorneys for the pur- pose of prosecuting, collecting and recovering the claims of the state of California against the United States of America, to pre- scribe the terms and conditions of the emijloj'ment, the rate of compensation therefor, and the manner of payment thereof. [Ap- proved March 23, 1907. Stats. 1907, p. 938.] TITLE 199. GRAND ARMY OF THE REPUBLIC. ACT 1392. To prevent persons from unlawfully wearing badge of Grand Army of the Republic. [Stats. 1887, p. 82.] Amended 1907, p. 81. This act appears in full in Appendix, Penal Code, p. 2055. TITLE 200. GRASS VALLEY. ACT 1397. Incorporating Grass Valley. [Stats. 1861, p. 153.] Amended 1862, p. 93; 1863-64, p. 57; 1865-66, p. 363; 1869-70, pp. 16, 47; 1877-78, p. 192. Repealed by new charter 1893, p. 628. TITLE 201. GROWING TREES. ACT 1402. To protect growing timber on possessory claims and other private prop- erty, and on streets and highways and public giuuuds. [Stats. 1802, p. 307.] Superseded by Penal Code. ACT 1403. To prevent the destruction of timber on the public lands of this state. [Stats. 1863-64, p. 136.] Supplemented 1863-64, p. 435. Superseded by Penal Code. ACT 1404. To provide for the punishment of persons cutting timber upon or carry- ing away the same when cut down from any of the swamp and overflowed, tide, marsh, or school lands. [Stats. 1863, p. 739.] Superseded by Penal Code, § 603. Acts 1405-1423 GENERAL LAWS. 436 ACT 1405. To protect the Big Tree groves of Fresno, Tulare, and Kern counties. [Stats. 1873-74, p. 347.] This act appears in full in Appendix, Penal Code, p. 2056. TITLE 202. GUAEDIAN AND WAED. ACT 1410. To provide for the appointment and prescribe the duties of guardians. [Stats. 1850, p. 268.] Supplemented 1853, p. 129; 1857. p. 120. Amended 1860, p. 177; 1861, p. 603; 1869-70, p. 791. Superseded by Civil Code, §§ 236-258. See, also, provisions in Code of Civil Procedure. Citations. Gal. 53/740; 68/86; 93/105. TITLE 203. HABEAS CORPUS. ACT 1415. Concerning the writ of habeas corpus. [Stats. IS.'iO, p. 333.] Amended 1854, p. 26. Supplemented 1859, p. 15. Superseded by Penal Code, §§ 1473-1505, TITLE 204. HARBOE COMMISSIONERS. ACT 1420. Authorizing the reduction or abolition of rates of dockage by. [Stats. 1871-72, p. 797.] Probably superseded by Political Code, § 2526, as amended in 1876. ACT 1421. To authorize the board of state harbor commissioners to make repairs upon private wharves in their possession. [Stats. 1873-74, p. 663.] This act appears in full in Appendi.K, Political Code, p. 1840. Expenditurp ()i' money for urgent repairs: See Political Code, § 2528. ACT 1422. Concerning state harbor commissioners. [Stats. 1873-74, p. 910.] Superseded apparently by the provisions of §§ 2520-2554, Political Code. This act related to the harbor commissioners of San Francisco and placed them under the control of the state harbor commissioners. ACT 1423. State harbor commissioners, granting further powers to. [Stats. 1873- 74, p. 912.] Superseded apparently by the provisions of §§ 2520-2554, Political Code. 437 HARBOR COMMISSIONERS. Acts 1424-1430 ACT 1424. To authorize the board of state harbor commissioners to construct rail- roads over state lauds and along the waterfront of San Fran- cisco, and to regulate the use of the same. [Stats. 18S9, p. 388.] Superseded by Political Code, § 2524. ACT 1425. To provide penalties for failure to pay tolls, by false returns or other- wise, to any board of state harbor commissioners, [Stats. 1S91, p. 27.] This act appears in full in Appendix, Political Code, p. 183-1. State harbor commissioners: See Political Code, §§ 2520 et seq. ACT 1426. To provide for the issuing and sale of state bonds to create a fund for the use of the state board of harbor commissioners in constructing and furnishing of a general ferry and passenger depot in San Francisco. [Stats. 1891, p. 110.] ACT 1427. To extend the jurisdiction of the harbor commissioners over East Street, San Francisco. [Stats. 1891, p. 261.] Superseded by Political Code, § 2524, as amended 1901, p. 620. ACT 1428. Authorizing the board of harbor commissioners to rectify the align- ment of East Street, and employing the board to sell, condemn, and acquire adjacent property. [Stats. 1891, p. 270.] This act appears in full in Appendix, Political Code, p. 1834. State harbor commissioners: See Political Code, §§ 2520 et seq. ACT 1429. To authorize and empower the board of state harbor commissioners to institute condemnation proceedings against certain property on the corner of Market, Sacramento and East streets, in the citj' and county of San Francisco, and extending their jurisdiction over the same. [Stats. 1895, p. 79.] This act appears in full in Appendix, Political Code. p. 1836. State harbor commissioners: See Political Code, §§ 2520 et seq. ACT 1430. To authorize the state board of harbor commissioners to establish and maintain a free public market upon the waterfront of San Fran- cisco, and providing for the expenses and regulations thereof. [Stats. 1897, p. 238.] Amended 1903, p. 76. This act appears in full iu Appendix, Political Code, p. 1837. State harbor commissioners: See Political Code, §§ 2520 et seq. Acts 1431-1435 GENERAL LAWS. 438 ACT 1431. Empowering the state board of harbor commissioners to insure against loss or damage by fire the property of the state located on the waterfront of San Francisco. [Stats. 1901, p. 809.] Amended 1905, p. 295. This act appears iii full in Appendix, Political Code, p. 1835. Stale harbor commissioners: See Political Code, §§ 2.520 et seq. ACT 1432. Concerning the waterfront of the city and county of San Francisco. [Stats. 1877-78, p. 263.] Amended 1880, p. 10; 1889, p. 379; 1891, p. 233; 1895, p. 194; 1901, p. 627; 1905, p. 109; 1909, p. 434. See Political Code, §2524. See note to Act 3335. This act related to the jurisdiction of the harbor commissioners. ACT 1433. An act to provide for the reconstruction and repair by the Board of State Harbor Commissioners of the damaged property of the state of California situated on the waterfront of the city and county of San Francisco, and making an appropriation therefor. [Approved June 14, 1906. Stats. 1906, p. 38.] One hundred thousand dollars was appropriated for the purpose indicated. Consult also Act of 1907, p. 249, appropriating $250,000 for the same pur- pose. ACT 1434. An act to authorize and direct the board of state harbor commissionera to institute condemnation proceedings against certain property north of India basin, and extending to Islais creek in the city and county of San Francisco and extending the jurisdiction of said board over the same, and providing for the payment of judgments from the proceeds of bonds issued and sold under the provisions of an act entitled "An act to provide for the issuance and sale of state bonds to create a fund for the acquisition by the board of state harbor commissioners, of a necessary area for a tidal basin, for wharves, docks, piers, harbors and appurtenances, in the city and county of San Francisco; to create a sinking fund for the payment of said bonds; and defining the duties of state officers in relation thereto; making an appropriation of one thousand dollars for the expense of printing said bonds; and providing for the submission of this act to a vote of the people." [Approved March 24, 1909. Stats. 1909, p. 711.] ACT 1435. An act to provide for the issuance and sale of state bonds to create a fund for the improvement of San Francisco harbor by the construc- tion by the board of state harbor commissioners of wharves, piers, state railroad, spurs, betterments', and appurtenances and necessary dredging and filling in connection therewith in the city and county 439 HARBOR COMMISSIONERS. Acts 1436-1438 of San FraTicisco; to create a sinking fund for the payment of said bonds; to define the duties of state officers in relation thereto; to make an appropriation of five thousand dollars for the expense of printing said bonds; and to provide for the submission of this act to a vote of the people. [Approved March 20, 1909. Stats. 1909, p. 522.] This act provided for the submission to the people of a bond issue of $9,000,000 for the purposes indicated. ACT 1436. An act to provide for the issuance and sale of state bonds to create a fund for the acquisition by the board of state harbor commissioners, of a necessary area for a tidal basin, for w^harves, docks, piers, harbors and appurtenances, in the city and county of San Francisco; to create a sinking fund for the payment of said bonds; and defining the duties of state officers in relation thereto; making an appro- priation of one thousand dollars for the expense of printing said bonds; and providing for the submission of this act to a vote of the people. [Approved March 25, 1909. Stats. 1909, p. 713.] This act provided for the submission to the people of 4 bond issue for $1,000,000 for acquiring India basin. A<:^T 1437. An act making an appropriation to pay for the settlement of disputed titles to or boundaries of land claimed by the state of California fronting on the bay of San Diego. [Approved March 11, 1907. Stats. 1907, p. 238.] This act appropriated $10,000 to pay the expenses incurred by the harbor com- missioners of San Diego in settling or establishing disputed titles to lands on San Diego bay. AOT 1438. An act to provide for the issuance and sale of state bonds to create a fund for the construction by the board of state harbor commis- sioners for the bay of San Diego of harbor improvements consisting of a seawall, wharves, piers, state railroad, spurs, betterments and appurtenances in the county of San Diego; to create a sinking fund for the payment of said bonds; to define the duties of state officers in relation thereto; to make an appropriation of one thou- sand five hundred dollars for the expense of printing said bonds, and to provide for the submission of this act to a vote of the people. [Approved April 16, 1909. Stats. 1909, p. 942.] This act provided for the submission to the people of a bond issue of $1,- 600,000 for the improvement of San Diego harbor. Acts 1440-1448 GENERAL LAWS. 440 TITLE 205. HASTINGS COLLEGE OF THE LAW. ACT 1440. [Hastings College of Law, creating. [Stats. 1877-78, p. 533.] "Superseded by amendatory act of 1883, p. 26, but this act was pronounced unconstitutional in People v. Kewen, 69 Cal. 215. See, also, 1885, p. 203, and Foltz V. Hoge, 54 Cal. 28. This act was superseded by Political Code, §§ 1478- 1486d, as added in 1907." — Code Commissioners' Note. TITLE 206. HAYWARDS. ACT 1441. Incorporating. [Stats. 1875-76, p. 215.] Superseded by incorporation, in 1892, under Municipal Government Act ol 1883. TITLE 207. HEALDSBUEG. ACT 1446. Charter of. [Stats. 1873-74, p. 665.] Amended 1875-76, pp. 90, 891. Superseded by incorporating in 1883, under Municipal Government Act oif 1883. HEALTH. See "Public Health." TITLE 208. HIGHWAYS. ACT 1448. An act provicling for the laying out, constructing, straightening, im- provement and rejiair of main public highways in any county, pro- viding for the voting, issuing, and selling of county bonds and the acceptance of donations to pay for such work and improve- ments, providing for a highway commission to have charge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporate limits and to issue and sell bonds therefor. [Approved March 19, 1907. Stats. 1907, p. 666. Amended 1909, p. 151.] Bonds for county highways, appointment of commission. § 1. The board of supervisors of any county in the state, upon re- ceiving a petition signed by freeholders electors of the county equal in number to at least ten per cent of the vote cast for governor in said county at the last election, praying that the matter of issuing bonds of the county for highway purposes be submitted to the electors of the county, may appoint a highway commission for such county, who shall perform the duties hereinafter specified. 441 HIGHWAYS. Act 1443. §§ 2-4 Of whom commission shall consist, . § 2, Said highway commission shall consist of three members, who shall be, and have been for two years, bona fide residents and free- holders of such county, and shall be especially qualified to have charge of the improvement of highways. Said commissioners shall be appointed to serve for the term of two years and until their successors are ap- pointed and qualified, and any vacancy in the commission shall be filled by appointment for the unexpired term; provided however, that when the proposition for the issuance of bonds fails to carry at the election held under section 7 of this act, or when all the highway improvements for which bonds are voted under said section 7 are completed, or if tliere is a surplus in the highway improvement fund after completion thereof, when said surplus has been expended on other highways, the existence of said highway commission shall cease. Thereafter another commission may be appointed under section 1 hereof. Each commis- eioner shall give a bond for the faithful performance of his duties, to be approved by the board of supervisors, in such amount as said board may require. Main highway defined. § 3. For the purpose of this act a main public highway is defined to be a highway connecting different cities and towns in the same or different counties, or connecting any city or town in one county with the public highwaj^ system of another county. Provision may be made under this act for the improvement of any number of such highways jointly, to be paid for with the proceeds of one bond issue. Duty of commissioners. New highways. §4. Immediately upon their appointment said commission shall pro- ceed with all diligence to investigate carefully the main public high- ways of the county and the condition thereof, and to have made a map showing said main public highways, their connections, and such other information in regard thereto as the commission may deem necessary for carrying out the purposes of this act, and to ascertain which of said main public highways should be improved by the issuance of bonds, and the kind of improvements to be made thereon, and to estimate the cost of such improvements. And also to investigate carefully the question of laying out and constructing any new public highways which said commission may deem necessary to be laid out and constructed in the county, and to have made a map showing said proposed new public highways, their connections, and such other information in regard thereto as the commission may deem necessary for carr3'ing out the pur- poses of this act, and to ascertain whether any of said new public highways should be laid out and constructed by the issuance of bonds, and the kind of improvements to be made thereon, and to estimate the cost of such improvements. [Amendment approved March 6, 1909. Stats. 1909, p. 154. In effect immediately.] Act 1448, §§ 5-8 GENERAL LAWS, 442 Employment of engineer. § 5. With the consent of the board of supervisors they may employ a competent engineer or engineers and other experts, at the cost of the county, to make any necessary surveys and prepare said map, and to assist the commission in determining the best material to be used and the best manner of making such improvements and the cost thereof. All surveys made for the purpose of determining the location of high- ways shall be approved by the county surveyor before the same as adopted by the commission. Report to board of supervisors. §6. After having ascertained what improvements should be made, and the estimated cost thereof proposed to be covered by a bond issue, the commission shall make and file with the board of supervisors a report setting forth the main public highway or highways proposed tC' be improved, by their termini, describing generally the kind of im- provements to be made thereon, and stating the estimated cost of the work to be done, and the amount to be raised by bonds therefor, and praying the said board of supervisors to call an election for the issuance of bonds of the county therefor, for the estimated amount. Election to determine whetlier bonds shall be issued. §7. If said report is not approved by the board of supervisors they may refer it back to said commission for further consideration. If the board approve the report they shall adopt the same, and shall with- out delay call an election to determine whether bonds of the county shall be issued in the amount recommended by the commission, for the purposes stated in their report. Said election shall be called and held and said bonds issued, sold and paid under and in accordance with all the provisions of law now or hereafter existing in regard to the issu- ance, sale and payment of county bonds, and all proceedings had in regard to such bonds shall be in accordance with such provisions of law; provided however, that the board may form bond election pre- cincts by consolidating the precincts established for general election purposes to a number not exceeding six for each bond election precinct, and shall appoint only one inspector, two judges and one clerk for each bond election precinct, and provided further, that it shall be suffi- cient to set forth the purpose of the bond issue in said proceedings by describing the highways to be improved as the same are described in said report of the highway commission. Any defect or irregularity in the proceedings prior to the calling of such election shall not affect the validity of the bonds. Sale of bonds. Surplus of funds. Donations. § 8. Said bonds shall not be sold for less than par, and the pro- ceeds thereof shall be paid into the treasury of the county and placed in a special fund to be denominated the "highway improvement fund"; and shall be used solely for the purposes set forth in said report of the highway commission, or such other purposes as are authorized by this 443 HIGHWAYS. Act 1448, § 9 act; provided that if there shall be any surplus of funds voted for the improvement of any road or roads after the completion thereof, such surplus may be used for the improvement of other main public high- ways, under the control and direction of the highway commission. The highway commission may receive and accept clonations from any person for any work which they are authorized to have done, and the same shall also be paid into the said fund. No moneys shall be paid out of said fund except upon the warrant of the auditor of said county issued upon the order of the highway commission, duly allowed by the board of supervisors thereof. Supervision of work. Plans and profiles. Contracts for. § 9. The doing of the work for which said bonds are issued shall be under the supervision and direction of the highway commission; provided that the' final acceptance thereof shall bo by the board of supervisors. As soon as the funds raised by the sale of said bonds are in the treasury the commission shall proceed to prepare detailed specifi- cations, plans and profiles for the work to be done, or for such parts of it as they deem it advisable to have done separately, if they have not already done so, and for this purpose they may hire assistants, with the consent of the board of supervisors; and they shall then present said specifications, plans and profiles, with their recommendations in regard to the doing of the work and letting of contracts to the board of super- visors, who shall either adopt or reject the sam.e as presented. If the board adopt the same they shall thereupon advertise for bids for doing the said work, or any part thereof which the highway commission recom- mend should be done separately, in accordance with said plans, profiles, and specifications, by publishing a notice for ten days in a daily news- paper or two weeks in a weekly newspaper published at the county seat. Every contract for doing any part of said work shall be let, after advertisement as above provided, to the lowest responsible bidder who will give security for the faithful performance of his contract, with sureties satisfactory to the board of supervisors, in such amount as they may fix, which shall be stated in said advertisement; provided however, that the board may authorize the highway commission to make contracts, without advertisement, for any part of said work the cost of which does not exceed one thousand dollars; and provided further, that the board may reject all bids and may thereupon readvertise for bids for doing any part or the whole of said work, or in their discretion authorize the highway commission to purchase the necessary material, purchase or hire tools and appliances, and hire laborers, and to do the work or any part thereof without letting any contract therefor. In such case all contracts for materials, tools or appliances, amounting to more than one thousand dollars in value shall be let by the commission to the lowest responsible bidder, after advertisement as above provided. Said commission may, with the consent of the board of supervisors, hire all necessary engineers, inspectors and superintendents to supervise the per- formance of said contract, or to have charge of the doing of said work without contract. Act 1448, §§ 10-12 GENERAL LAWS. 444 Character of materials. Railroads not to use. § 10. All improvements constructed under this act shall be of a durable and lasting character; provided, that said commission shall have the power to determine how said highways shall be improved and con- structed, and the character of the materials to be used in the improve- ment and construction thereof. If said commission shall determine that said highways, or any of them, shall be macadamized or paved, then the macadamized or paved portion of the roadbed constructed or any highway or portion thereof improved under this act, shall not exceed sixteen feet in width, unless donations are made to the highway com- mission for that purpose, in -which case such donations may be used to defray the increased cost of constTucting such macadamized or paved roadbed more than sixteen feet wide on any part of such highway specified by the donors; but no part of the proceeds of any bond issue shall be expended for such purpose. No railroad, electric road, or street railroad shall be constructed along or upon any highway, or any portion thereof, improved under the provision of this act, except for crossings duly authorized by the board of supervisors or other legislative body having control thereof, nor shall any board of supervisors or other legislative body have power to grant any franchise for the construction of any railroad, electric road, or street railroad along or upon any such highway or portion thereof, except for crossings. [Amendment ap- proved March 6, 1909. Stats. 1909, p. 155. In effect immediately.] Eminent domain. § 11. Whenever the said highway commission shall deem it neces- sary, the board of supervisors may, on its recommendation, cause any highway it proposes to improve to be widened, straightened, or altered, and cause new highways to be laid out and constructed, and for that purpose they may acquire land in the name of the county by donation or purchase; and may order the condemnation of such land and direct the district attorney to bring an action in the name of the county for that purpose under the provisions of the Code of Civil Procedure in relation to eminent domain. In such action the order of the board of supervisors shall be conclusive evidence of the regularity of all prior proceedings. The cost of purchasing or condemning such land shall be paid out of the highway improvement fund. [Amendment approved March 6, 1909. Stats. 1909, p. 155. In effect immediately.] Incorporated city may improve portion of highway. § 12. No part of any highway lying within the corporate limits of any incorporated city or town shall be improved under the provisions of this act; but, when any highway which is being so improved shall pass through any incorporated city or town, said city or town is hereby authorized to improve the portion of such highway lying within its corporate limits, and for the purpose of raising the necessary funds therefor, to issue bonds in such manner as may be provided by law for the issuing of bonds by such city or town for public improvements. 443 HIGHWAYS. Act 1449 Repairs. . § 13. All necessary repairs to any highway improved under this act shall be made by the same officers who may be charged with the duty of repairing other highways of tlie county, and the cost of such repairs shall be paid out of the general fund of the county. Highway commission to file statement, when. §14. Said highway commission shall, at least once in every six months, make and file with the board of supervisors a detailed statement of their proceedings, showing the amount of money in the highway improvement fund at the time of their last statement, the amount of all donations since received, and the purposes for which said donations were made, the amount since expended, with the purposes for which it was expended and the balance remaining, the contracts entered into or other obligations incurred by them and still outstanding, the high- ways in course of improvement or completed since their last statement, and the condition of the work on each, together with any other inform- ation that they may consider of interest to the public. Per diem of conmiissioners. From what fund paid. § 15. Each member of said highway commission shall receive a per diem of five dollars for each day actually and necessarily spent in the discharge of his duties, together with his actual necessary traveling expenses, to be allowed by the board of supervisors and paid monthly. Said per diem and expenses and all other demands against the county which said highway commission are authorized to incur shall be paid out of the general fund of the county until there shall be money in the highway improvement fund derived from the sale of bonds, whereupon the general fund shall be reimbursed from the highway improvement fund for the amounts so expended, and thereafter said per diem and expenses and other demands shall be paid out of said highway im- provement fund; provided however, that after the preparation and filing of their report and recommendation for the issuance of bonds the mem- bers of said highway commission shall not receive any per diem or expenses unless there is money in said highway improvement fund to pay the same. § 16. This act shall take effect immediately. ACT 1449. An act to provide for the formation of boulevard districts and the construction, maintenance, and use of boulevards and defining the term boulevard. [Approved March 22, 1905. Stats. 1905, p. 754. Amended 1909, p. 923.] § 1. Any portion of a county not contained in a boulevard district may be formed into a boulevard district under the provisions of this act, and when so formed shall be known and designated by the name and style of boulevard district (using the name of the district). Act 1449, §§ 2, 3 GENERAL LAWS. 446 of county (using the name of the county in which said district is located), and Khali have the rights herein enumerated and such as may hereafter be conferred by law. §2. A petition for the formation of such boulevard district (nam- ing it) may be presented to the board of supervisors of the county wherein the district is proposed to be formed, which said petition shall be signed by not less than twenty-five freeholders, resident within the proposed district, and shall contain: (1) The boundaries of the proposed district. (2) The number of acres contained therein and the approximate value thereof and of the improvements thereon. (3) A particular description of the boulevard which it is desired to lay out, open and construct. (4) A request that an election be called within said district for the purpose of determining the question of formation of said boulevard district and the building of the boulevard described in said petition. Whether the amount to be raised be by taxation on taxable property within said district or by the issuance of bonds on the taxable prop- erty therein. Such petition must also be accompanied by a map show- ing the location of said boulevard and of said district, with relation to the territory immediately contiguous thereto; also with a cross- section and profile of said proposed boulevard, together with specifica- tions for the construction thereof, which said map shall be approved as to location of the boulevard and said cross-section, profile and specifications, as to manner of construction, by the county surveyor, of the county in which said proposed district is located, who shall also furnish an estimate of the cost of acquiring the right of way therefor and constructing said boulevard. There shall also be filed with said board of supervisors, at the time said petition is presented, a bond in the sum of not more than three hundred dollars, with two sufiicieut sureties, to be approved by said board, who shall each qualify in double the amount of the penal sum thereof conditioned that they will pay the expense and cost of said election in an amount not exceeding the amount mentioned in said bond, as the penal sum thereof, in case such election shall fail to carry. [Amendment approved April 15, 1909. Stats. 1909, p. 923.] §3. Such petition must be presented at a regular meeting of said board of supervisors and they shall thereupon fix a time for hearing said petition, not less than twenty-one nor more than thirty days after the date of presentation thereof, and shall publish a notice of the fact that such petition has been filed (referring to the same on file with the clerk of the board of supervisors for further particulars) and giving the date and hour at which said petition will be heard, which said notice shall be published at least once a week for two consecutive weeks in some newspaper published and circulated in said proposed district; provided, that if no newspaper be so published in said district, then said notice shall be so published in some newspaper *47 HIGHWAYS. Act 1449, §§ 4-7 published and circulated in the county in which said proposed district is located. This section was incorporated in the amendatory act of 1909 at page 924, but it was not included in the title of the act and the original section was not changed. §4. Upon the day named for the hearing of said petition, the board of supervisors shall hear the same and may adjourn such hearing from time to time, not more than two weeks in all. On the final hear- ing they shall make such changes in the proposed boundaries as they may find to be proper, and shall define and establish such boundaries. Any change made by the board of supervisors shall not include any territory outside of the boundaries described in the petition until the board has given at least two weeks' notice of its intention to include such territory in said district, said notice to be given and published as herein provided for the notice of the hearing of said petition. This section was incorporated in the amendatory act of 1909 at page 924, but it was not included in the title of the act and the original section was not changed. § 5. The boundaries established by the board of supervisors shall be the boundaries of such boulevard district until the same shall be changed in the manner provided by law. But, if it shall appear to the boa.rd that the boundaries of any such division have been incorrectly de- scribed, it shall direct the county surveyor to ascertain and report the correct description of the boundaries, in conformity with the orders of said board of supervisors, which said report must be filed within thirty days from the day of making such order. At the first regular meet- ing after the filing of said report, the board of supervisors shall ratify the same, with such modifications as they deem necessary, and the boundaries so established shall be the legal boundaries of such boule- vard district. This section was incorporated in the amendatory act of 1909 at page 924, but it was not included in the title of the act and the original section was not changed. § 6. The board of supervisors thereupon and not later than the first regular meeting after the establishment of said boundaries, as here- inbefore provided, shall give notice of an election to be held in such proposed boulevard district for the purpose of determining whether such district shall be formed; whether the amount to be raised be by taxation on taxable property within said district or by the issuance of bonds on the taxable property therein, and if the amount to be raised be by the issuance of bonds, said notice shall specify such amount, and said boulevard built as in said petition, maps, cross-sections, profiles, specifications and estimates described. [Amendment approved April 15, 1909. Stats. 1909, p. 924.] What notice shall specify. § 7. Such notice must specify the time and place or places of hold- ing the election, the amount of money proposed to be raised, and the Act 1449, §§ 8, 9 GENERAL LAWS. 448 purposes for which it is to be used, including a brief description of the proposed work and materials to be used, and referring to the map, profiles, cross-sections, specifications and estimates on file with the clerk of the board of supervisors. [Amendment approved April 15, 1909. Stats. 1909, p. 925.] Conduct of election. Ballots. § 8. For the purposes of this election the board of supervisors shall establish, by order, one or more precincts within the boundaries of said district and appoint one inspector, one judge and one clerk for each, to conduct the same, and said election must be held in all respects as near as practicable in conformity with the general election laws of the state. At such election the ballots shall contain the words "For the formation of said district and the construction of said boulevard — yes, no," together with a square at the right of the word "Yes" and at the right of the word "No" in which the voter may stamp his ballot to indicate his choice. At such election if the petition request that the money be raised by the issuance of bonds the ballots shall contain in addition to the above the words "For the issuance of dollars bonds — Yes," (or) "For the issuance of dollars bonds — No," to- gether with a square at the right of the words "For the issuance of dollars bonds — Yes," and at the right of the words "For the issu- ance of dollars bonds — No," in which the voter may stamp his ballot to indicate his choice. But no particular form of ballot other than above set forth need be used; nor shall any informality in con- ducting said election invalidate the same if the election shall have been otherwise fairly conducted. [Amendment approved April 15, 1909. Stats. 1909, 925.] Certificate of result. §9. The officers of the election must certify the result of the elec- tion to the board of supervisors, giving the whole number of votes cast, the number for and the number against the formation of said boulevard district and the building of said boulevard; the number for and the number against the issuance of bonds. If the majority of the votes cast are in favor of the same, the board of supervisors must enter an order to that effect upon its minutes, declaring said district formed and that said boulevard shall be built, and the amount to be raised by taxation or by bonds on the taxable property within said district, which said amount shall be in the aggregate not exceeding seventy- five per cent of the estimated cost of acquiring the right of way there- for and constructing said boulevard, as found in the estimates to be furnished by the county surveyor of said county; the balance, twenty- five per cent, to be paid out of the general road fund of the county; and the board of supervisors shall, if bonds are not voted, at the time of fixing the amount of the county tax levy, levy a tax upon the tax- able property of said district sufficient to pay said amount. If at such election the majority of the votes cast are in favor of the issuance of bonds, then the board of supervisors shall cause an entry 4-19 HIGHWAYS. Act 1449, §§ 10, 11 of that fact to be made upon the minutes and thereupon they shall be authorized and empowered to issue the bonds of said district for the number and amount provided for in such proceedings, payable out of the funds of such district and that the money shall be raised by taxation upon the property in said district for the redemption of said bonds and the payment of interest thereon in like manner as prescribed in the Political Code for the redemption and payment of interest on public school bonds. The board of supervisors by an order entered upon the minutes shall prescribe the form of said bonds and of the interest coupons attached thereto, and shall fix the time when the several bonds shall become due, not exceeding twenty years from the date thereof. Such bonds shall bear no greater rate of interest than seven per cent per annum, and the interest shall be payable annually by the county treasurer. The bonds and each coupon shall bear the auto- graph or facsimile printed signature oi the chairman of the board and of the county clerk. Said bonds shall be sold by the county treasurer, after reasonable notice, to the highest and best bidder, and for not less than par and accrued interest, if any. [Amendment ap- proved April 15, 1909. Stats. 1909, p. 925.] Work to be done by contract. § 10. The work provided for in this act to be done shall be by law contracted to the lowest responsible bidder, in accord with the pro- visions of section 2643 of the Political Code of California. The suc- cessful bidder shall give a bond in such sum as the board of super- visors shall provide, conditioned for the faithful performance of the contract, together with any and all bonds required by law for public work. The work done under said contract to be performed under the direction and to the satisfaction of the surveyor of the county in which said boulevard district is located. This section was incorporated in the amendatory act of 1909 at page 926, but was not included in the title and the original section was not changed. Surplus moneys, disposition of. § 11. Any money remaining to the credit of the boulevard district on completion of the work contracted for, with any and all gifts and donations thereto, except all gifts and donations expressly given for the purpose and to be used in the original construction of said pro- posed boulevard, shall remain in the fund of the district and be ex- pended in the betterment of said boulevard. The maintenance of the same, after the completion thereof, to be paid out of the general road fund of the county; provided, that the board of supervisors of the county in which said boulevard district is located, may, as now or here- after provided by law, arrange with the department of highwAys or other lawful authority to turn said boulevard over to the state of California, and it shall thereafter be kept and maintained as a state boulevard out of the funds provided by law for state highway pur- poses, but subject at all times nevertheless to the limitations aa \o Gen, Laws — 29 Act 1449, §§ 12-14 GENERAL LAWS. 450 the use thereof hereinafter provided. [Amendment approved April 15, 1909. Stats. 1909, p. 926.] Boulevard may be over county road. Term "boulevard" defined. § 12. Any boulevard constructed under this act may be constructed over, along or upon any county road or public highway, or any part thereof, and the moneys belonging to such boulevard district may be expended in the improvement of such road or highway to conform to the width and general character of the balance of the boulevard. By the term "boulevard" as used herein is meant a highway of limited dedication and use, not less than one hundred feet in width and upon which no wagon or heavy teaming, having a tire of less than four inches, shall be permitted, and upon, along and over which no franchise for telephone, telegraph or electric wires or poles or for the operation or running of cars or vehicles upon fixed tracks or rails thereon, shall ever be granted; and any easements granted or con- demned for the building of said boulevard shall be so granted or con- demned; provided, that nothing herein shall be deemed to apply to or preventing the granting of such franchise or limiting the use of wagons across said boulevard, on, over and along intersecting streets and high- ways. [Amendment approved April 15, 1909. Stats. 1909, p. 927.] Eminent domain. § 13. All provisions of the law of the state of California relating to streets and highways, including the right of eminent domain, save only section 2 of an act of the legislature of the state of California entitled "an act to repeal Chapter II of Title VI, Part III, of an act of the legislature of the state of California, entitled 'an act to establish a Political Code,' approved March 12, 1872, and each and every section of said Chapter II. And to enact a new Chapter II of Title VI, of Part III, of said code, and substitute the same in place of said repealed Chapter II in said code, relating to roads and highways," approved Feb- ruary 28, 18S3, and also an act of the legislature of the state of Cali- fornia entitled "an act for the establishment of a uniform system of road government and administration in the counties of the state of California," approved April 1, 1897, not in conflict herewith, are hereby made applicable to the opening, laying out and maintaining of boulevards constructed hereunder and the acquiring of rights of way therefor. This section was also included in the amendatory act of 1909 at page 927, but it was not mentioned in the title of the act and the original section was not changed. Management of district. § 14. The board of supervisors of the county in which said boule- vard district is located shall have sole control of the management and affairs of said boulevard district. This section was also included in the amendatory act of 1909 at page 927, but it was not mentioned in the title of the act and the original section was not changetk. 451 HIGHWAYS. Acts 1450-1456 ACT 1450. An act to provide for the location and construction of a public high- way from the General Grant Park in Fresno county; thence east- erly a distance of about fifty miles to the Kings Kiver canyon; and making an appropriation for the construction tlicreof; and providing for a commission to take charge of, locate and construct said highwaj^, and to repeal an act entitled "An act to appropriate money for the survey, location and construction of a free wagon road from the town of Mariposa in Mariposa County to the Yosemite Valley," approved March 26, 1895. [Stats. 1905, p. 797.] See, also, Act of 1909, p. 351, providing for a continuation of the constructio/i of the Kings River highway. ACT 1451. Granting to roads and highways a right of way over the public lands of this state. [Stats. 1865-66, p. 855.] ACT 1452. To appropriate money to purchase certain roads within Yosemite grant. [Stats. 1889, p. 142.] The roads included in the act were the Big Oak Flat road and the Yosemite and Waviroua road. ACT 1453. To declare a part of the Sonora and Mono wagon road, commencing east of Sonora, at a point known as Long Barn, in Tuolumne County and running thence across the summit of the Sierra Nevada Mountains to Bridgeport, in Mono County, a state highway. [Be- came a law under constitutional provision without governor's ap- proval, March 12, 1901. Stats. 1901, p. 272.] ACT 1454. To provide for locating and surveying a proposed highway from a point on the Trinity Eiver, in Trinity County, near the tov/n of North Fork, thence westerly down said river about forty miles to connect with an existing road in Humboldt County, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 515.] ACT 1455. Providing for the construction of a free wagon road from Mono Lake basin to the Tioga road. [Stats. 1899, p. 26.] ACT 1456. To provide for the construction of the unfinished part of the free wagon road from Mono Lake basin to connect with a road called the "Tioga Eoad," at or ne-ir the "Tioga Mine," and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 523.] Acts 1457-1458 GENERAL LAWS. 452 ACT 1457. To provide for the construction of a state highway or wagon road from Sacramento City to Folsom, m Sacramento County, and appropriat- ing crushed rock and granite or stone blocks for drains and cul- verts for same. [Approved March 29, 1897. Stats. 1897, p. 239.] ACT 1457a. An act to make an appropriation for the location, survey and construc- tion of a state highway from Emigrant Gap, Placer County, in an easterly direction through what is known as the Truckce Pass, to' the west end of Donner Lake in Nevada County, [Approved( March 13, 1909. Stats. 1909, p. 352.] ACT 1457b. An act to make an appropriation for the location, survey and construc-i tion of a state highway from a point known as the Mount Pleasant ranch on the road between Quincy and Marysville thence in a southeasterly direction by Eureka to Downieville, Sierra County. [Approved March 8, 1907, Stats. 1907, p. 138.] ACT 1457c. An act to provide for the survey, location and construction of a state. highway connecting the present county road systems of any one^ or all the counties of Trinity, Tehama and Shasta with the road system of Humboldt County, which will most conveniently accom- modate the citizens of said counties and making an appropriation therefor. [Approved March 8, 1907. Stats, 1907, p. 139.] ACT 1458. An act to provide for the care, management and protection of state highways. [Approved March 24, 1903. Stats. 1903, p. 400.] § 1. If any state highway duly declared, laid out, or erected, is en- croached upon by fences, buildings, or otherwise, the highway com- missioner of California may require the removal of the encroachment. Notice must be given to" the occupant or owner of the land or person causing or owning said encroachment, or must be left at his place of residence, if such be known to the commissioner, or in case of a non- resident, then left Vv'ith his agent, if known, otherwise it must be posted on the encroachment. Said notice must specify the breadth of the state highway, the place and extent of the encroachment, and require him to remove the same within five days. §2. If the encroachment is not removed, or commenced to be re- moved and diligently prosecuted prior to the expiration of the five days from the service or the posting of the notice, the one who caused, owns or controls the encroachment forfeits ten dollars for each day the same 453 HIGHWAYS. Act 1458, §§ 3-5 continue unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the state high- way commissioner must forthwith remove the same. § 3. If the encroachment is denied, and the owner, occupant, or per- son controlling the matter or thing charged as being an encroachment refuses to remove or permit the removal thereof, the state highway commissioner must commence in the proper court an action to abate the same as a nuisance. If he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after such notice, and also his costs, in his said action. §4, If the encroachment is not denied, but is not removed for five days after the notice given as hereinbefore provided, the state high- way commissioner may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, and also ten dollars for each day the same remains after said five days' notice, in an action for that purpose. § 5. Whoever obstructs or injures any state highway, or diverts any watercourse thereon, or drains water from his land on any high- way, to the injury thereof, by means of ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be punished as provided in section 588 of the Penal Code. Any person, persons, or corporations, who shall, by storing or distribut- ing water for any purpose, permit the water to oversow, or saturate by seepage, any state highway, to the injury thereof, shall, upon notifica- tion of the state highway commissioner, discontinue and repair the damage occasioned by such overflow or seepage; and should such repair not forthwith be made by such person, persons, or corporations, said state highway commissioner shall make such repairs and if necessary divert the flow of seepage, and recover the expense thereof from such person, persons, or corporation, in an action by law. All persons excavating irrigation, mining, or draining ditches across the state highways shall be required to bridge such ditches under the direction of the commis- sioner, at such crossings and upon neglect to do so, tlie state high- way commissioner shall construct the same and recover the cost of constructing said bridge or bridges of such person by action, as pro- vided in this section; and whoever willfully injures any bridge on a state highway is hereby declared to be guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the state in a civil action; provided, further, that every person who knowingly allows the carcass of any dead animal (which animal belongs to him at the time of its death) to be put or remain within one hun- dred feet of any state highway, and every person who puts the carcass of any dead animal within one hundred feet, of any state highway, or who shall deposit, on any state highway any refuse, or waste tin, sheet iron, broken glass, or other refuse matter, is guilty of a mis- demeanor. Acts 1459-1461 GENERAL LAWS. 454 § 6. Whoever removes or injures any mile-stone, mile-board, or guide- post, or any inscription thereon, erected on any state highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section 590 of the Penal Code. § 7. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any state highway to remove such a tree or obstruction forthwith. If it is not so removed, the owner or the occupant is liable to a penalty of one dollar for every day thereafter until it is removed, and the cost of removal at the suit of the commissioner. § 8. Whoever cuts down a tree so that it falls into any state high- way must forthwith remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway. § 9. Whoever digs up, cuts down, or otherwise maliciously injures or destroys any shade or ornamental trees on any state highway unless the same is deemed an obstruction by the state higliway commissioner, and removed under his direction, forfeits one hundred dollars for each such tree. § 10. All penalties or forfeitures and other recoveries given in this act and not otherwise provided for, must be recovered by the state highway commissioner by suit in the name of the state, and paid into the state treasury, and thereafter be used for the purpose of costs or expenses in future proceedings under this act or for state road pur- poses. § 11. All acts, or parts of acts, in conflict with the provisions of this act, are hereby repealed. § 12. This act shall take effect and be in force from and after its passage. ACT 1459. To regulate the widths of tires of wagons to be used on the public highways of the state of California. [Stats. 1897, p. 177.] Repealed 1900, p. 22. ACT 1460. For the establishment of a uniform system of road government and administration in the counties of the state of California. [Stats. 1897, p. 374.] See § 13 of Stats. 1905, p. 754. Repealed by County Government Act: Davis v. Whidden, 117 Cal. 618. ACT 1461. To create a bureau of highways, and prescribe its duties and powers, and to make an appropriation for its expenses. [Stats. 1895, p. 263.] Superseded 1897, p. 443. 455 HIGHWAYS. Acts 1462-1465 ACT 1462. 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 officers and employees thereof, and to provide for the compensation of said officers and employees, and for the additional expenses of said department, and to make an appropriation therefor for the remainder of the forty-eighth fiscal year. [Approved April 1, 1897. Stats. 1897, p. 443.] Repealed 1907, p. 215. ACT 1463. An act to provide for the protection and preservation of public high- ways from damage by storm, waters and floods, and to authorize the expenditure of public moneys for the purposes thereof. [Ap- proved April 1, 1897. Stats. 1897, p. 404.] Superseded by § 4043 of Political Code. ACT 1464. An act relating to the granting by counties and municipalities of fran- chises for the construction of paths and roads for the use of bicj'cles and other horseless vehicles. [Approved March 27, 1897. Stats. 1897, p. 191.] Codified by § 524 of Civil Code. See Pol. Code, §4047; also Stats. 1901, p. 267. § 11, and Stats. 1905, p. 780, § 11. ACT 1465. An act to provide for work upon public roads, streets, avenues, boule- vards, lanes and alleys not within the territory of incorporated cities or towns; for the incidental establishment of grades thereof; for the cO'Hstruction therein or thereon of sidewalks, sewers, man- holes, bridges, cesspools, gutters, tunnels, curbing and crosswalks; for the issue of bonds representing the costs and expenses thereof; for a special fund derived in part from the county road fund and in part by special assessment upon a district, and for the estab- lishment of such districts. [Approved March 21, 1907. Stats. 1907, p. 806.] Road district improvement, powers of board of supervisors. May issue bonds. Special taxes. § 1. Power is hereby vested in the board of supervisors of every county in this state, by and under the procedure prescribed in this act, to grade or re-grade to the official grade, plank or re-plank, pave or re-pave, macadamize or re-macadamize, gravel or re-gravel, pile or re- pile, cap or re-cap, oil or re-oil the whole or any portion of roads, streets, avenues, boulevards, lanes or alleys so far as not within the territory of any incorporated city or town, and so far as by dedication or otherwise, public and open to public use, and to do so for any Act 1465, § 2 GENERAL LAWS. 456 length or width of the same, one of the same or any number of the same in combination, and to construct therein or thereon sidewalks, sewers, manholes, culverts, bridges, cesspools, gutters, tunnels, curbing and crosswalks, and to do the aforesaid thing singly or in any combina- tion of the same, and the various items of the said work and con- structions need not be coterminous; and to issue bonds representing the costs and expenses of any said work or constructions as in this act hereafter provided; and to constitute a fund for the payment of such bonds as in this act hereafter provided; and to constitute a special fund for the payment of such bonds as in this act hereafter provided; and to levy special assessment taxes upon a district as in this act hereafter provided; and to establish said district and determine its boundaries as in this act hereafter provided; and, as incidental to the exercise of the powers aforesaid, to establish official grades within said district and such districts; and to transfer from county road funds to such special funds as in this act hereafter provided. But said board of supervisors are hereby prohibited from doing, und'^r the provisions of this act, any work (except sewer work) within the right of way for any railroad or within any area which by law is re- quired to be kept in order or repair by any person or company having railroad tracks thereon, and this prohibition shall have the effect of excepting the prohibited work from that described in any resolution of intention in any proceeding under this act, and of charging all per- sons with notice of such exception or exclusion, and such exception of said prohibited work need not be made in any such resolution of in- tention. Specifications to be furnished. How resolution of intention shall be §2. Before passing any resolution of intention under this act, speci- fications for work substantially the same as that described in the resolu- tion of intention and for a district substantially the same as that described in the resolution of intention shall be furnished by some competent person who shall have been designated by the board of supervisors for that purpose by a resolution to be entered by the clerk upon the minutes of said board, and, except where there is already an official grade thereof, as a part of such specifications, grades shall be specified for all roads, streets, avenues, boulevards, lanes and alleys within the described district so far as the same are within such dis- trict. Neither the work nor the district need be described in the resolution appointing such person except so far as may be sufficient to identify the work and district for which the specifications are prepared, and for such purpose it shall suffice to designate the same as "In the Matter of Road District Improvement No. and Eesolution of Intention No. " (inserting the same number in both blanks). Such specifications shall include an estimate of the aggregate amount of the cost of the work inclusive of incidental expenses and of the procedure. Such specifications shall be signed by the person designated 457 HIGHWAYS. Act 1465, § 3 to furnish them and be filed with the clerk of the board of super- visors. Resolution of intention to order work, form of. Bonds. §3. Before ordering any work to be done under this act, the board of supervisors shall pass a resolution of intention so to do. Sueli res- olution may, in form, and shall, in substance, be (filling all blanks) as indicated following, to wit: In the Matter of Koad District Improvement No. Eesolution of Intention No. (the same number for both blanks). Resolved: That it is the intention of the Board of Supervisors of the county of , State of California, proceeding under and by virtue of the Eoad District Improvement Act of 1907, and in the Matter of Eoad Improvement District No. , on the day of , 190 — , at the hour of M. of that day or as soon thereafter as the mat- ter can be heard, at the chambers of said board, to order work to be done, as follows: (Here insert a description of the work, stating the territorial extent thereof with all reasonable exactness, and in other particulars generally, yet so as to indicate fairly and approximately its probable cost), the said work to be done in accordance with the specifications therefor filed with the clerk of said board on the day of , 190 — , except as the boundaries of the district and grades therein specified may be changed at the hearing of the matter herein- after mentioned, which specifications are made part hereof, and to which all persons are referred for further particulars as to said work. For the costs and expenses of the work and the proceeding bonds will be issued to the amount of the same, bearing interest at the rate of per cent per annum, payable semi-annually, and one part of the principal annually, all in gold coin. A special fund for the payment of said bonds is to be constituted partly by transfer of moneys fr.om county road funds and partly by the levy of special assessment taxes upon all land within a district to be known as "Eoad Improvement District No. of the County of ." Such district (as proposed) being all that territory in the county of , state of California, within exterior boundaries as follows, to wit: (the blank to be filled with a careful statement of the ex- terior boundaries of the district). Notice is hereby given that at the time specified hereinbefore for ordering the work, the Matter of said Road District Improvement No. will come up for hearing, and all objections, which are, under the provisions of said Eoad District Improvement Act of 1907, en- titled to be heard or determined, will then be heard and determined, and the boundaries of said district and grades therein be finally deter- mined and established. The , (here insert name and character of newspaper), is hereby designated as the newspaper for making publication of this resolution and for making all other publications in the proceeding. Act 1465, §§ 4, 5 GENERAL LAWS. 458 , a competent person, is hereby appointed superintendent of work with compensation at the rate of dollars per diem for days actually spent in performance of duty under this appointment. The foregoing resolution was, on the day of , 190 — , passed by the board of supervisors of the county of , State of California. Attest. Clerk of Board of Supervisors of said county of . By . - (Adding if the fact so be) Deputy Clerk. The principal and interest of the bonds representing the cost of work done under the provisions of this act, shall be payable in gold coin of the United States of America, and the board of supervisors is au- thorized to determine the time, not to exceed twenty years, in which bonds issued to represent the cost of the work shall be paid, and to determine the rate, not to exceed seven per cent per annum of the in- terest to be paid thereon, which interest shall be payable semi-annually, and to make such bonds in all respects as indicated by the form there- for, in this act hereafter provided. Publication of resolution, § 4. Such resolution of intention shall be filed, and be published by at least two insertions in the newspaper therein designated, which shall be a newspaper published and circulated in the county, or, if there be no such newspaper, then in any newspaper designated by said board of supervisors in such resolution. Printed copies of such resolution, headed "Notice of Road District Improvement," such heading to be in letters not less than one inch in length, shall be, by the superintendent of work, posted along the line of the work described in said resolu- tion, at not more than one hundred feet in distance apart, but not less than three in all. Affidavits in proof of such publication and posting shall be filed with the clerk of the board of supervisors.' When, before the day of the hearing specified in the resolution of intention, twenty days have elapsed since the posting and the first publication (they need not be simultaneous) of the resolution of intention, the board of supervisors shall have acquired power to proceed with such hearing and to take all other action in the proceeding as in this act authorized. The determination of the board of supervisors to proceed with such hearing, whether evidenced by an express declaration or by its pro- ceedings to make other determinations at such hearing shall be pre- sumptive evidence, at the least, of the existence of all the facts upon which the power of the board to proceed depends, except such as are required to appear of the record in the proceeding, and except, also, in so far as such presumption is rebutted by the record in the pro- ceeding. Objections to work. § 5. At any time before the day in the resolution of intention specified for ordering the work and the hearing of the matter, any 459 HIGHWAYS. Act 1465, § 6 owner of land within the boundaries of the district as set forth in said resolution, may, severally or with other such owners, file with the clerk of the board of supervisors written objection to the ordering of the work, as an entirety and not merely to some part thereof, as described in the resolution of intention. If upon said hearing it appears that a majority of the owners of land within the district, as set forth in the resolution of intention, have so in writing made objection going to the entirety' of the work described in the resolution of intention and to the ordering of the same, the board of supervisors shall, by a resolution, to be entered in its minutes, so find; and thereupon such board shall have no power to proceeed further under said resolution of intention, or to pass any resolution of intention for doing the same work, during a period of one year, next after the time of such finding; and the accrued costs of the proceedings shalbbe a charge upon the county. But if the fact be that a majority of the owners of land lying within the district, as set forth in said resolution of intention, have not so in writing made objection going to the ordering of the work, as an entirety, the board of supervisors shall so find, and thereupon proceed with the hearing; but such finding need not then be in writing and may, for the purpose of proceeding with the hearing, be a mere announcement of the board, to be noted in the minutes iDy the clerk. At the conclusion of the hearing, however, the said finding shall, severally or with other determinations of the board, be made in writ- ing to be filed and entered upon the minutes of the board. Owners of land within the meaning of this section are those and those only, who appear to be such upon the records in the recorder's ofiice of the county in which the district is situated, on the day be- fore the day for said hearing, and an executor or administrator shall be deemed representative of liis decedent, and a trustee of an express trust in land other than as security for the payment of money, of the land held in such trust, and a trustee in bankruptcy, of the bank- rupt. Next after in order of hearing, the board shall proceed to hear such objections as may be made to the grades specified in the specifica- tions. Thereafter, in the order of the hearing shall be heard such objections as shall be made to the boundaries of the district as set forth in the resolution of intention. Objection to the grades or to the boundaries of the district may be made by an owner of land lying within the district upon the hearing without any written statement of the same. The hearing may be continued from time to time by the board of supervisors by an order to be entered in the minutes of the board. Declaration of board to order work. Boundaries of district. Grades. § 6. Unless the power to proceed shall have ceased, as hereinbefore provided, the board of supervisors shall in conclusion of the afore- mentioned hearing, and as a sufficient determination of all questions arising thereat, by resolution or resolutions to be entered upon its Act 1465, § 7 GENERAL LAWS. 460 minutes, declare its finding that a majority of the owners of land within the district, described in the resolution of intention have not before the day of the hearing filed written objection, going to the order- ing of the work to be done, and determining the boundaries of the district, and the grades thereon. If no changes be made in the bound- aries of the district as the same are set forth in the resolution of in- tention, it shall be sufficient to state that the boundaries of the district are those set forth in the resolution of intention, but if any change of such boundaries is made, the boundaries of the district, as finally determined, shall be fully set forth. If no change be made as to the grades, as set forth in the specifica- tions on file, it shall be sufficient to state that the grades of the same, as finally eletermined, are those set forth in such specifications. In either case, the boundaries of the district so determined shall be' the boundaries of the district for all purposes of the proceeding and until any bonds to be issued for the cost of the work shall have been fully paid and discharged; and the grades so determined shall be the grades of the district for all the purposes of the proceeding and the "official grade" within the meaning of section 1 of this act; provided, however, that the boundaries of the district, as the same are set forth in the resolution of intention, shall not be so changed as to include within the district any territory not within its boundaries as set forth in that resolution, nor so that the place or locality of any work described in such resolution of intention shall be excluded from the boundaries of the district as so finally determined. In like manner the board of supervisors may order the work to be done, and if it so do, shall fix a time for receiving proposals or bids for doing the work, and direct the clerk to give notice accordingly, inviting sealed proposals or bids. Such notice shall include a state- ment that the work is to be done "under the provisions of the Eoad District Improvement Act of 1907, and according to the specifications on file therefor, except in so far as the grades specified therein shall have been fixed otherwise by the board of supervisors in conclusion of the hearing in said act provided; to which said act, to the resolution of intention and all proceedings had thereunder the attention of bidders is hereby directed, and by this reference made part of this notice." Publication of notice. Bids, Awards. Bonds, § 7. The notice inviting sealed proposals or bids shall be published by at least two insertions in the newspaper designated in the resolu- tion of intention, and (not necessarily simultaneously) a copy or copies of the same be posted and kept posted for five days, at or near the chamber door of the board of supervisors. All proposals or bids shall be accompanied by a check, payable to the order of the presiding officer of the board of supervisors, certified by a responsible bank for an amount not less than ten per cent of the aggregate of the proposal or bid, or by a bond for said amount running to the presiding officer of the board of supervisors, signed by the bidder, with two sureties qualify- ing each in said amount over and above all statutory exemptions before an officer competent to administer an oath. 461 HIGHWAYS. Act 1465, §§ 8, 9 Said proposals or bids shall be delivered to the clerk of said board, and said board shall, in open session, examine and declare the same, but no proposal or bid shall be considered unless accompanied by said check of such bond in terms satisfactory to the board. The board may reject any and all proposals or bids should it deem this for the public good, 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 work to the lowest responsible bidder at the price named in his bid. A notice of such award, attested by the clerk of the board of super- visors shall be published and posted for five days in the same manner as hereinbefore provided with respect to the notice inviting proposals or bids. The check or bonds accompanying such accepted proposals or bids shall be kept by the clerk of said board until the contract for doing said work, as hereinafter provided, has been entered into. If said bidder fails, neglects or refuses to enter into the contract for said work, as hereinafter provided, then the certified check accompanying his bid, and the amount therein mentioned shall be declared forfeited to the county, and may be collected by it and paid into its road fund, and any bond forfeited may be prosecuted, and the amount thereof collected and paid into said fund. Before being entitled to a contract the bidder to whom the award thereof has been made must advance and pay to the clerk of the board of supervisors, for payment by him the costs and expenses of publish- ing and posting resolutions, notices and orders required, under this act to be made, which have been made, given, posted or published in the proceeding. When bidder fails to enter into contract, procedure. § 8. If for fifteen days after being awarded the contract, the bid- der to whom the contract was awarded fails, neglects or refuses to enter into the contract, the board of supervisors may direct the clerk of the board to give notice as in the first instance, inviting sealed pro- posals or bids, and thereupon shall by bidding, award, and other pro- ceedings as in the first instance; and as in the case of the default of a first awardee, so, also, in that of a second. Terms of contract. Bond of contractor, § 9. The presiding officer of the board of supervisors is hereby au- thorized, in the name of the county to execute the contract with the awardee of the same, and to receive and approve all bonds by this act required on the part of such awardee, and shall, by the terms of said contract, fix the time for the beginning of the work, which shall not be more than twenty days from the date thereof, and the contract shall provide that the work be prosecuted with diligence until com- pleted, and a time for such completion shall be in the contract fixed, but such time of completion may be extended from time to time by the board of supervisors, in its discretion, and by resolution, which shall be entered by the clerk in the minutes of said board, a copy of Act 1465, § 10 GENERAL LAWS. 462 which shall be by said clerk indorsed upon or annexed to the con- tract. Before entering upon such contract, a bond shall be executed and filed, running to the county, in an amount not less than one-half of the contract price of the work, signed by the contractor and two or more sureties, who shall aggregately, unless surety companies, qualify before an officer entitled to administer the oath in a sum equal to the amount of the bond, each surety in the amount for which he becomes surety. Such bond shall be conditioned for the faithful execution of the con- tract by the party contracting to do the work, and the payment by him for all labor and materials furnished for or in the doing of the work. The form and sufficiency of said bond shall be passed upon by some member of the board of supervisors, and such bond shall inure as well to the benefit of any and all persons furnishing labor or mate- rials for the work as to the county. Said contract shall undertake on behalf of the county that the board of supervisors will, upon the fulfillment and performance of the con- tract on the part of the contractor, and under the provisions of the "Eoad District Improvement Act of 1907," take all steps, in or by said act authorized to be taken, to effect the issuing by the county treasurer of the bonds in said act authorized to be issued, and provide a fund for the payment of the same, as in or by said act prescribed; and it shall be in such contract stated that in no case shall the county be liable under the contract, nor any officer thereof be thereunder holden except for the discharge of ofacial duty under the law. When work is completed declaration to be filed. Notice of hearing whether work shall be accepted. Hearing. § 10. As soon as may be done in good faith, there shall be filed with the clerk of the board of supervisors a declaration that the work has been completed according to the contract, together with an itemized statement of all the incidental costs and expenses of the work and the proceeding inclusive of the estimated cost of publishing the notice of final hearing hereinafter mentioned. The aggregate of such items shall be stated, and, also, the amount due as of the contract price; and also the gross sum for a bond issue representing the entire amount thereof, as claimed by the contractor. The said declaration and statements shall be signed and verified by the superintendent of work, and by the contractor or some person cognizant of the facts, signing on behalf of the contractor, and stating why he, instead of the contractor, so signs and verifies. Either signer may except from his signature and verification any amount or item to which he does not assent. The presiding officer of the board of supervisors is hereby authorized to fix a time and give notice for a hearing for the purpose of determin- ing whether the work shall be accepted as being completed according to the contract, and for determining the aggregate amounts for which bonds shall be issued representing the total cost of the work, and the amount of the incidental costs and expenses of the work, and the pro- ceedings which is to be charged to and paid by the contractor. I 463 HIGHWAYS. Act 1465, § 10 Such hearing shall be known as the final hearing. The notice of such hearing may, in form, and shall, in substance be (filling the blanks) as follows: Notice of Final Hearing. In the Matter of Road District Improvement No. • Notice is hereby given that a final hearing of the above named matter will be had at the hour of ■ — — M. on the day of , 190 — , at the chamber of the board of supervisors of the county of , state of California, for the purpose of determining whether the work done under the contract made with under Resolution of Intention No. in Road Improvement District No. of the county of shall be accepted as being performed according to the contract, and for determining the aggregate amount for which bonds shall issue representing the cost of such work, inclusive of the incidental costs and expenses of the work and the proceeding, of which a state- ment has been filed with the clerk of said board of supervisors of the county of , to which statement the attention of all persons inter- ested is hereby directed. • ■ of the Board of Supervisors of the countv of Attest: Clerk of said Board of Supervisors. By . (If so the fact be.) Deputy Clerk. Such notice shall be signed by the presiding officer of the board of supervisors and attested by the clerk of the board of supervisors and published by at least two insertions in the newspaper designated in the resolution of intention, and copy or copies thereof, posted and kept posted for two days at or near the chamber door of the board of supervisors, the first day of such publication and that of such posting (they need not be simultaneous) to be not less than five days before the day in said notice specified for the hearing. Proof of such publication shall be made by affidavit or affidavits, and the same shall be filed. If a quorum be not present at the time in the notice specified for the hearing, a member or members of the board then present may continue the hearing from day to day, and at all stages thereof the hearing may, by resolution, to be entered in the minutes, be continued from time to time. At any time before the day in said notice specified for the hearing, any owner of property not exempt from taxation within the district, as finally established, may solely or with any other such owner or owners, file written objection to the acceptance of the work on the ground that the work has not been completed or done according to the contract, specifying in ordinary language the particulars in which the contract has not been so completed or done. Any person interested in the proceeding, as of the interest of the con- tractor, shall be presumed to take issue with such objection, and be heard accordingly. Act 1465, § 11 GENERAL LAWS. 464 Questions going to the incidental costs or expenses of the work or the proceedings may be raised orally by any owner of property not exempt from taxation, situated wnthin the district. Evidence may be adduced going to any of the matters to be deter- mined, and in such order as the board may summarily direct. If, when the matter has been fully heard, whether under or in the absence of objections, the board of supervisors is of the opinion that the work has not been completed or done according to the contract, it shall in writing, specify what must be done in order to complete the work, and shall, b}' an order or resolution to be entered in its minutes, con- tinue the further hearing of the whole matter to a specified day, ex- pressly stating that such continuance is for the purpose of enabling the contractor to complete his contract. On said continued hearing the objections filed before the day of the first hearing shall continue in force as against the work, and evidence be received, if offered, as to what has been done by way of completing the contract in the particulars specified in the order of the board on the said continuance of the hearing. If, upon such continued hearing, it is the opinion of the board that the work is still uncompleted, in the particulars as to which it was ordered to be completed, it shall be discretional with said board to order or refuse a second continuance of the hearing. If the board do order Buch second continuance, it shall be ordered in the same manner and with like effect as provided aforesaid, upon the first continuance. And as provided aforesaid for a second continuance so of any other or further continuance. Objections to any item of incidental costs and expenses, shall pend and be heard on said day, or at any continued hearing had, as in this section aforesaid provided. Every continuance of said hearing for the purpose of enabling the con- tractor to complete his contract or the work shall continue or revive such powers of the board of supervisors had, under the provisions of this act, in the proceeding, at the time of the filing of the contractor's declaration that the work was completed, as provided aforesaid, and also operate to extend the time for the completion of said contract in such manner that its completion within the time to which the hearing is ■con- tinued, shall be as valid performance of such contract as if completed at the time of filing such declaration or statement. Resolution of acceptance. § 11. Whenever upon the hearing in section 10 aforesaid provided, whether at the first or any continued hearing, it shall be the opinion of the board of supervisors that the work has been completed and done according to the contract, said board shall by a resolution, to be entered upon its minutes, so declare, and that the work is accepted, and stating the aggregate amount for which bonds shall be issued, and stating the amount of the incidental costs and expenses of the work and the pro- ceeding which are charged against and to be paid by the contractor. 465 HIGHWAYS. Act 1465, § 12 Bonds, issuance, form of, term of and interest. § 12. The clerk of the board of supervisors shall transmit to the county treasurer of the county, an attested copy of the final order men- tioned in section 11 of this act, and upon receipt of the same, the county treasurer shall proceed to issue bonds to the amount in the aggregate of their principal as the same is stated in the attested coi)y of said final order. A bond may be issued in anj' amount, provided that the aggregate of the bond or bonds made payable in any one year is the one proper part of the whole principal of the bond issue, as specified in such attested copy of said final order, and so that the interest thereon be made payable on the second days of January and July. The said bonds may, in form, and shall, in substance, be as indicated following, to wit: Road District Improvement Bond Eoad District Improvement No. County of , State of California. $ No. Under and by virtue of the Road District Improvement Act of 1907, an act of the legislature of the state of California, (here may be in- serted any further designation desired) the county of — , state of California, will, out of the fund hereinafter designated, at the office of the treasurer of said county, on the day of 190 — , pay to the bearer, the sum of dollars, in gold coin of the United States of America with interest thereon in like gold coin at the rate of per cent per annum payable as hereinafter specified. This bond is payable out of Road District Improvement Fund No. exclusively, as the same appears on the books of the treasurer of said county, and neither said county nor any officer thereof is holden for it3 payment otherwise. The interest is payable semi-annually, to wit: on the second days of January and July in each year hereafter, upon presentation of the coupons therefor, the first of which coupons is, however, for the interest from date to the next following second day. The principal hereof may be paid at any time, upon notice of such redemption having been published by the treasurer of said county, once in some newspaper of general circulation, published in said county, and interest on all unpaid principal sums covered by such notice shall cease one month after such publication. At said county of , the day of in the year one thousand nine hundred and Insert title of presiding oflicer of the board of supervisors. Treasurer of the (name of county) Said bonds shall be signed by the presiding officer of the board of supervisors and the treasurer of the county, and so signed shall be bind- ing according to the term thereof as prescribed in said form. The in- Gen. Laws — 30 Act 1465, § 13 GENERAL LAWS. 466 terest coupon shall be in form as said treasurer may devise, subject to the provisions of this act, and the determinations made by the board of supervisors, and their signatures by him shall be sufficient. Said bonds shall be delivered by said treasurer to said contractor or to his order, assignee or lawful representative. The board of supervisors is hereby vested with power to determine the number of years, not to exceed twenty, within which the aggregate principal of bonds to be issued under this act shall be paid and dis- charged, ancf to fix the rate of interest, not to exceed seven per cent per annum, to be paid thereon, and it shall be a sufficient determination and fixing of the same to set forth in the resolution of intention that bonds will issue for the work in any terms that will fairly indicate such time and such rate and the fractional part of the principal to be paid each year; which part shall be the same for each of the years covered by the bond issue. The interest payments on said bonds shall be payable semi-annually on the second days of January and July, and interest and principal at the office of the county treasurer, and as prescribed aforesaid for said bonds, in gold coin of the United States of America, and the whole or any part of such bonds redeemed upon notice as indicated in the form for said bonds hereinbefore set forth; but it shall not be necessary either in the resolution of intention or otherwise to set forth or determine the days of the month on which payments of interest are to be made, nor that payments shall be made in such gold coin, nor that payments shall be at such treasurer's office, nor that such bonds are redeemable in the manner indicated in such form for said bonds hereinbefore set forth; but all persons are charged with notice of the contents of this section, especially in the aforesaid particulars. Special bond fund to be constituted. Special tax. Transfer from gen- eral road fund. § 13. A special fund to be named "Eoad District Improvement Fund No. " (the number to be that of the district) for the discharge and payment of such bonds and the interest thereon shall be constituted as follows, to wit: There shall be each year, at the time of the levy of the general levy of state and county taxes, be levied against and upon all the land within said Eoad Improvement District No. (being the dis- trict established and as bounded in the order ordering the work to be done) a special assessment tax in an amount clearly sufficient together with any mbneys which are or may be in said fund, to pay all the prin- cipal which has or will become due and all interest which has or will become payable, on said bonds, before the proceeds of another tax levy at the time of the general tax levy for state and county purposes can be made available for the payment of such bonds. The board of supervisors shall, from the general road funds of the county transfer to said "Eoad District Improvement Fund No. ," such amount as, in the judgment of said board, is a fair proportion of the general road fund of the supervisorial district in which said Eoad Improvement District No. is situated. 467 HIGHWAYS. Act 1465, §? 14, 15 In any event it shall be the duty of the board of supervisors to levy a sufficient special assessment tax upon all the land within said Road Improvement District No. , to maintain such Road District Improve- ment Fund No. sufficient to pay the principal and interest of said bonds as the same shall become payable. And the board of supervisors is hereby vested with power to do all and sinsjular the things which in this section aforesaid it is declared shall be done. Powers of supervisors. Superintendent of work. Other employees. Same person may hold several positions. § 14. The board of supervisors is hereby vested with power as fol- lows, to wit: 1. To appoint at any stage of the proceeding before calling for pro- posals or bids any competent person, to be designated "engineer of work," for the purpose of doing and furnishing all the civil engineer- ing work or services, surveying, and similar work and services necessary to the proper doing of the work. His compensation or at least the rate or some basis for computing the same shall be fixed and stated in the order of his appointment, which said order shall be entered in the minutes of the board. 2. To appoint, in and as a part of the resolution of intention, any com- petent person to be designated "superintendent of work," whose duty it shall be to perform the services for him in this act prescribed or in- dicated, and for the general actual supervision of the work. His com- pensation shall be fixed at the time and in the resolution of his appoint- ment at a per diem not to exceed five dollars for all time actually de- voted to the work. 3. To designate any competent person for the purpose of preparing and furnishing the specifications required by section 2 of this act, and with such designation to fix his compensation, or some basis for com- puting the same. 4. To appoint and designate other competent persons in the places respectively of the persons so originally appointed, with compensation, so far as practicable, proportionately the same as fixed for the original appointee. The same person may, successively or otherwise, be appointed to pre- pare specifications, to be superintendent of work and to be engineer of work, and these or any of them conjunctively witli the aggregate of the compensation provided for each. But no part of such or any compensa- tion shall be a charge against the county or any officer thereof, except that for furnishing specifications and posting the resolution of intention, the charge shall be against the county if the proceeding cease or be abandoned before the award of the contract. Costs of proceeding, by whom to be paid, § 15. All the costs and' expenses of the proceeding, inclusive espe- cially of the compensation of the person appointed to furnish the specifi- cations, of the superintendent of work, of the engineer of work, of the cost of all publications under this act required to be made, shall be Act 1466 GENERAL LAWS. 468 chargeable to and paid by the contractor, and they shall have been paid before delivery of the bonds shall be made by the county treasurer, provided, however, that the county treasurer may make delivery of such bonds, if there be deposited with him, subject to the order of the board of supervisors, money to the amount of the costs and expenses charge- able to the contractor as the same is stated in the attested order of the board of supervisors, provided for in section 12 of this act. The con- tractor and all persons claiming under him any interest in said bonds, whether of ownership, lien or otherwise, shall be deemed* to have notice of the contents of this section. Place of publication may be changed, how. § 16. If publication in the newspaper designated in the resolution of intention become impossible for the reason that such newspaper has ceased to be published or for any like reason, which renders publication therein impossible, the board of supervisors may, by a resolution to be entered in its minutes, and stating the facts, designate another news- paper for each required publication as occasion therefor arises. All papers to be filed with county clerk, § 17. All papers in a proceeding under this act (save such as there- under may be returnable to owners) shall be filed with the clerk of the board of supervisors, and by him kept together in a package appro- priately labeled. Whenever in this act the term "clerk of the board of supervisors" is employed, it shall be deemed to include one who is, ex officio, such, and it shall be immaterial that he designate himself as county clerk where the county clerk is ex officio clerk of the board of supervisors, nor shall it be material that his act be by deputy. Name of act. § 18. This act shall be known as the "Road District Improvement Act of 1907," and by such designation shall be sufficiently identified in any proceeding thereunder, and whenever in the resolution of intention it shall be set forth or recited that the proceeding is under the "Road District Improvement Act of 1907," this act shall be construed as the paramount statute for such proceeding, independently of, and alter- natively for, other statutes for the improvement of public ways not within incorporated cities and towns. ACT 1466. An act to allow unincorporated towns and villages to establish, equip and maintain systems of street lights on public highways; to pro- vide for the formation, government and operation of highway light- ing districts; the calling and holding of elections in such districts; the assessment, collection, custody and disbursement of taxes therein; and the creation of ex-offieio boards of supervisors. [Approved March 20, 1909. Stats. 1909, p. 551.] 469 HIGHWAYS. Act 14GC, §§ 1-5 Certain words defined. § 1. The Avoids and phrases used in this act, shall, for the purposes of this act, unless the same be contrary to or inconsistent with the context, be construed as follows: (1) "Public highways," shall include any highway, county road, state road, public street, avenue, alley, park, parkway, driveway, or public place, in any county, or unincorporated town or village dedicated to the public and generally used for traffic by the public. (2) "Street lights," or "street illumination," shall include any system of illumination by means of street lights using gas, electricity, or other means of illuminant deemed feasible; such lights to be set upon poles> or suspended in the air. Street lights. § 2. Any unincorporated town or village of this state may establish a highway lighting district for the purpose of installing and maintain- ing a system of street lights on public highways, for the better pro- tection of its residents, in accordance with the provisions of this act. Petition for lighting district, § 3. Upon the application, by petition, of twenty-five or more, tax- payers and residents of said town or village, to the board of super- visors of the county in which the said town or village is situated, pray- ing for the formation of a public highway lighting district, and setting forth the boundaries of the said proposed district, the said board of supervisors must, within ten days after receiving said petition, by reso- lution, order that an election be held in the said proposed district for the determination of the question, and shall appoint three qualified electors thereof to conduct said election, which must be held within forty days from the date of the order. Election to determine proposition. §4. Said election shall be called by posting notice thereof in three of the most public places in said proposed lighting district, and by pub- lication in a daily or weekly paper therein, if there be one, at least once a week for not less than fifteen days. Said notices must specify the time, place and purposes of said election, give the boundaries of the said proposed lighting district; and the hours auring which the polls will be kept open; provided that in districts with a popuhition of ten thousand or over, the polls must be opened at 8 o'clock A. M., and kept open until 7 o'clock P. M., and in districts where the population is less than ten thousand, the polls must not be opened before 1 o'clock P. M., and must be kept open not less than six hours. Conduct of election. § 5. Said election shall be conducted in accordance with the gen- eral election laws of this state, where applicable, without reference to form of ballot or manner of voting, except that the ballots shall con- tain the words, "For Lighting District," and the voter shall write or print after said words on bis ballot, the word "Yes" or the word "No." Act 1466, §§ 6-11 GENERAL LAWS. 470 Who entitled to vote. § 6. Every qualified elector, resident within the proposed 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. Canvass of vote. a 7. it snail be the duty of the election officers to publicly canvass the votes immediately after the close of the election, and to report the result of said election to the board of supervisors within five days subsequent to the holding thereof. Duty of supervisors. § 8. If a majority of the votes cast at said election shall be in favor of a lighting district, the said board of supervisors may, by resolution, establish said lighting district. § 9. If a majority of the votes cast shall be against the lighting dis- trict, the board of supervisors, shall by order, so declare; no other pro- ceedings shall be taken in relation thereto until the expiration of one year from the date of presentation of the petition. Evidence of validity. § 10. The fact of the presentation of the petition, and the order establishing the lighting district, shall be entered in the minutes of the board of supervisors and shall be conclusive evidence of the due presentation of a proper petition, and that each of the petitioners was, at the time of signature and presentation of the petition, a taxpayer and resident of the proposed district, and of the fact and regularity of all prior proceedings of every kind and nature provided for by this act, and of the existence and validity of the district. Supervisors of lighting districts, who are. Duties of supervisors. § 11. The board of supervisors of the county wherein lighting dis- tricts have been established under the provisions of this act, shall be and they are hereby designated as and empowered to act as ex officio the board of supervisors of each and all of such lighting districts which may hereafter be established within such county under the provisions of this act; serving without compensation; and said boards of super- visors shall be authorized and they are hereby empowered, and it shall be their duty: First. To make all rules, regulations and laws necessary for the administration, operation and maintenance of the lighting districts situ- ated within their county. Second. To supervise, and plan a system of street illumination for any and all lighting districts within their county, and to determine and decide upon the kind and manner of illuminant most feasible for the district. Third. To indicate the placing and installation of the lights and any and all subsequent additional lights. 471 HIGHWAYS. Act 1466. § 12 Fourth. To receive bids, award and make contracts with lighting companies to the very best advantage of the district, for the installa- tion and maintenance of poles, wires, lights and other accessories; and for the supplying of electric current, gas or such other illuminant as may be determined upon; and for any and all other things that may be necessary to carry out the full meaning and provisions of this act. Fifth. To determine the number of employees, if any, necessary to properly care for and maintain the lights; to prescribe their duties and fix their compensation, which said employees shall hold their positions at the pleasure of the board. Sixth. Upon the application, by petition, of twenty-five or more tax- payers and residents of such lighting district, asking for the installation and maintenance of additional lights, which said petition must be filed on or before the first day of September in any year; to immediately estimate the cost of installing and maintaining such additional lights, and to include in the tax levy for the ensuing fiscal year a tax upon the taxable property within such lighting district, at the equalized value thereof for that year, sufficient to pay the cost of installing and main- taining such additional lights; after which to proceed with the installa- tion of such additional lights. Seventh. To designate the hours for lighting such districts. Eighth. To perform any and all other acts and things necessary or proper to carrj^ out the provisions of this act. Ninth. To, within ten days after the establishment of such district, proceed with carrying out the provisions of this act by advertising for laids for installing, caring for and maintaining the lights determined upon; and for supplying the district with all of the gas, electricity or such other illuminant as has been determined upon, necessary for oper- ating and maintaining any and all of the lights which have been already installed or which are to be installed within such district. The contract to be awarded to the lowest responsible bidder; provided however, that the rates to be paid therefor must not exceed in any event the rates paid at that time by said county for highway lighting in other portions of said county. The rates to be paid must not be fixed for a term exceeding five years, and the board of supervisors must reserve the right to abrogate such contract whenever gas or electric current is offered to be supplied at two-thirds of such fixed contract price. Prior light, maintenance. § 12. If prior to the formation of a lighting district any lights have been maintained, by public subscription or paid for out of the district road funds, within any territory which subsequently forms itself into a lighting district under the provisions of this act; at the time of the establishment of such lighting district, or else at the time of expiration of any then existing contract for the maintenance of such lights; such lights and the future cost of maintaining and operating them shall be included in the estimate of the board of sui)ervisors and shall thence- forth be maintained as a part of the lighting system of such lighting district. Act 1466, §§ 13-18 GENERAL LAWS. 472 Authority to erect poles. § 13. In granting authority to lay down pipes or to erect poles and string wires, and in contracting for gas or electric current, the board of supervisors must impose such restrictions and conditions, and provide for such locations of the various wires and lights, so as to work the least possible public or private inconvenience. Estimate for tax levy. § 14. On or before the first day of September in each and every year, the board of supervisors of any county wherein a lighting district has been established, shall make an estimate of the cost of conducting and maintaining such lighting district for the ensuing fiscal year, together with the cost of installing and maintaining such additional lights as may have already been petitioned for by the residents of such lighting districts, and for the cost of any other things which may be necessary for carrying out the purposes of this act. Tax levy. § 15. When such estimate shall have been made, the board of super- visors of any county wherein a lighting district has been established, must, at the time of levying county taxes, levy a special tax upon all of the taxable property within the limits of such lighting district at the equalized value thereof, sufficient in amount to maintain the said lighting system, and to install any additional lights, or for any or all of the purposes of this act. Disposition of revenue. § 16. The revenue derived from said tax, together with all other moneys acquired in whatsoever manner by the lighting district, shall be paid into the county treasury to the credit of the lighting fund of the district wherein said tax was collected, subject only to the order of the board of supervisors of said district, and to be by them expended only for and on behalf of the district wherein such money was collected. Designation of district. § 17. Every lighting district formed or established under the pro- visions of this act, must be designated by the name and under the style of lighting district, (using the name of the district), of county, (using the name of the county in which such district is situ- ated), and in that name the board of supervisors may make and award contracts, and may sue and be sued. Dissolution of district. Outstanding indebtedness. § 18. The district may at any time be dissolved upon the vote of two-thirds of the qualified electors thereof, at an election called by the board of supervisors, upon the question of dissolution. Upon a petition signed by fifty or more property owners and residents of such lighting district, asking for the dissolution of said district, the board of super- visors shall within thirty days after receiving said petition, by resolu- tion, order that an election be held in the said district, for the deter- 473 HIGHWAYS. Acts 1467, 1468 niination of the question, and appoint three qualificcl electors thereof to conduct said election. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolu- tion, any property which may have been acquired by such lighting dis- trict shall vest in any incorporated town or city that may at such time be in occupation of a considerable portion of the territory of such lighting district; and if there be no such incorporated town or city, then such property shall be vested in the board of supervisors of the county wherein such lighting district is situated until the formation of such incorporated town or city; provided, however, that if at the time of the election to dissolve such district there be any outstanding indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such outstanding indebtedness; and from the time such district is thus dissolved until such indebtedness is fully paid, satisfied and discharged, the legislative authority of such incorporated town or city, or the board of supervisors, if there be no such incorporated town or city, is hereby constituted ex officio the board of supervisors of such district. 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 indebted- ness, as herein provided. § 19. All acts or parts of acts in conflict with this act are hereby re- pealed. § 20. This act shall take effect immediately. ACT 1467. An act authorizing the construction, acquisition, maintenance and con- trol of a system of state highways in the state of California; speci- fying the work, fixing the payments to be made by counties for moneys expended therein; providing for the issuance and sale of state bonds to create a fund for the construction and acquisition of such system; creating a sinking fund for the payment of said bonds; and providing for the submission of this act to a vote of the people. [Approved March 22, 1909. Stats. 1909, p. 647.] This act provided for the suljmission to the people of an issue of $18,000,000 in bonds for the construction of a state system of highways. ACT 1468. An act to provide for the protection and preservation of shade and ornamental trees growing and to be grown upon tlie roads, high- ways, grounds and property within the state of California; and for the planting, care, protection and preservation of shade and orna- mental trees, hedges, lawns, shrubs and flowers growing and to be grown in and upon such roads, highways, grounds and property; and to create county boards of forestry for such purposes; and to prescribe the duties and powers of such boards; and to authorize Act 1468, §§ 1-7 GENERAL LAWS. 474 such boards to appoint county foresters; and to prescribe the duties and fix the compensation of county forester, and to empower such boards to enforce all laws and adopt and enforce any and all lawful and reasonable rules for the protection, planting, regulation, pres- ervation, care and control of such shade and ornamental trees, hedges, laws, shrubs and flowers. [Approved April 28, 1909. Shats. 1909, p. 1129.] § 1. The board of supervisors in each and every county or city and county of the state of California may, in its discretion, appoint a county board of forestry, who shall serve without compensation, and who shall have exclusive charge and control of all shade and ornamental trees, hedges, lawns, shrubs and flowers growing or to be grown upon the pub- lic roads, highways, grounds and property within its respective county. § 2. Whenever the board of supervisors of any county or city and county in this state shall, by resolution or ordinance, elect to avail itself of the provisions of this act, such board shall, within two months thereafter, appoint five suitable and competent persons, one from each supervisorial district of such county or city and county, as a county board of forestry in and for such county, who shall serve as such with- out compensation. § 3. The term of office of such county board of forestry shall be four years; provided, however, that the persons first appointed shall so class- ify themselves by lot that two of their number shall retire from office at the end of two years, two at the end of three years and one at the end of four years. If any vacancy occurs in the office, such vacancy shall be filled, for the unexpired term, by the board of supervisors. § 4. Within ten days after notice of their appointment, the members of said county board of forestry shall organize by the election of one of their members as chairman and adopt suitable rules for their govern- ment. § 5. When organized, said county board of forestry shall appoint a suitable and competent person as county forester to serve as such during the pleasure of the board, prescribe his duties and fix his compensation, which, however, shall not exceed one hundred and fifty dollars per month. § 6. Such forester, when appointed, shall execute a bond to said board, in the sum of $1,000, for the faithful performance of his duties. He shall act as its secretary and perform such other duties as said board shall prescribe. Said forester shall have power and it shall be his duty to en- force the provisions of this act and all lawful orders of said board and he shall be and hereby is vested with all the powers of a peace officer to make arrests for the violation of any of the provisions of this act. § 7. Every county board of forestry appointed under the provisions of this act shall, within their respective counties, have exclusive power over 475 HOGS. Act 1468, §5 8-18 and jurisdiction to decide upon the variety, kind and character of trees, hedges and shrubs that shall be planted upon said roads, highways, grounds and property; and to determine all questions respecting the pruning, cutting and removal of any trees, hedges and shrubs now grow- ing and to grow thereon and the necessity therefor and the extent of and the manner in which said work shall be done; and to enforce, carry out and effectuate the provisions of this act; provided, however, that said board, in the exercise of its powers and the performance of its duties hereunder, shall not interfere with the jurisdiction of the board of super-' visors over the roads, highways, grounds and property in the improve- ment, care and general control thereof. § 8. It shall be unlawful for any person or corporation (except said county board of forestry) in any county or city and county where a county board of forestry has been created and appointed under the pro- visions of this act, to trim, prune, cut, deface, destroy or remove any shade or ornamental tree, hedge or shrub growing or to grow upon any such road, highway, ground or property or to paint, place, attach to or put upon any such trees, hedges or shrubs any sign, notice, advertisement or advertising device withotit the consent in writing of said board first obtained, or to plant any tree, hedge or shrub on any such road, high- way, ground or property without such written consent. § 9. Every person who shall violate any of the provisions of section 5 of this act, shall be guilty of a misdemeanor. § 10. All moneys received as penalties for the violation of the pro- visions of this act, shall be paid into the county treasury to the credit of the county board of forestry fund, which fund is hereby created, and the moneys thereof hereby appropriated for the expenses of said board in the carrying out of provisions of this act and the policy and pur- poses herein provided. § 11. Boards of supervisors, whenever the provisions of this act are availed of, shall appropriate money for the use of said county board of forestry sufficient to pay the compensation of said county forester and for the necessary expenses of said county board of forestry. § 12. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 13. This act shall take effect immediately. HOGS. General acts relating to hogs running at large were repealed by the estray law of 1897, p. 198. For acts relating to particular localities, see particular title. Acts 1469-1474 GENERAL LAWS. 476 TITLE 209. HOLIDAYS. ACT 1469. An act authorizing boards of supervisors or other governing bodies of municipalities to declare holidays. [Approved March 23, 1901. Stats. 1901, p. 658.] • § 1. The board of supervisors or other governing body of any county, town, city, or city and county, may declare the day on which a primary or other election is held in such municipality to be a holiday therein. ACT 1470. An act declaring February 12, the birthday of Abraham Lincoln, a legal holiday and providing for a half-day session in the public schools on such holiday, and for certain exercises in the public schools. [Approved April 13, 1909. Stats. 1909, p. 861.] Lincoln day. § 1. February 12th, the birthday of Abraham Lincoln, is hereby de- clared a legal holiday, provided, however, that all the public schools throughout the state shall hold sessions in the forenoon of that day in ord^r to allow the customary exercises in memory of Lincoln; and pro- vided further, that when February 12th falls on Sunday, then Monday following shall be a legal holiday and shall be so observed; and provided still further, that when February 12th falls on Saturday such exercises in the public schools shall take place on the Friday 'afternoon preceding. Compare Act 1471. ACT 1471. An act declaring Friday, February twelfth, 1909, the 100th birthday of Abraham Lincoln, a legal holiday and providing for a half-day session of the public schools for that day. [Approved January 20, 1909. Stats. 1909, p. 2.] § 1. Friday, February twelfth, 1909, the 100th anniversary of the birth of Abraham Lincoln, is hereby declared a legal holiday, provided, however, that all public schools throughout the state shall hold sessions in the forenoon of that day in order to allow the customary exercises in memory of the martyred president. §2. This act shall take effect immediately. Compare Act 1470. TITLE 210. HOLLISTER. ACT 1474. Incorporating. [Stats. 1873-74, p. 675.] Superseded by incorporating under statute of 1883, in 1901. 477 HOME OP ADULT BLIND— HOMING PIGEONS. Acts 1479-1497 TITLE 211. HOME OF ADULT BLIND. ACT 1479. Appropriating money for the establishment and management of the in- dustrial home of mechanical trades for the adult blind. [Stats. 1885, p. 18.] Superseded 1887, p. 160, c. CXLVIII. ACT 1480. Establishing an industrial home of mechanical trades for the adult blind, and creating a board of directors for the government thereof. [Stats. 1887, p. 160.] Amended 1889, p. 160.] Codifled by §§ 2207-22U7k of Political Code. TITLE 212. HOMESTEADS. ACT 1485. In relation to homesteads. [Stats. 1867-68, p. 116.] Superseded by Civil Code §§ 1237-1269. Citations. Cal. 46/266; 47/80; 71/508. ACT 1486. Extending the privileges of the homestead law to certain persons. [Stats. 1860, p. 87.] Citations. Cal. 102/497, 500; 119/372. This act extended the law to unmarried men and women and to widows and widowers. The homestead acts are superseded by Civil Code, § 1287 et seq. ACT 1487. Alienating or incumbering. [Stats. 1873-74, p. 582.] Codified by §§ 1269a-1269c of Civil Code. Citations. Cal. 108/220; 114/670, 671, 672, 673, 676; 126/25. It provided for the alienation of the homestead in case of the insanity of either husband or wife. TITLE 213. HOMESTEAD CORPORATIONS. ACT 1492. To authorize formation of homestead corporations. [Stats. 1861, p. 567.] Repealed. See §288, Civil Code. Amended 1867-68, p. 539; 1869-70, p. 474. Supp. 1863-64, p. 492; 1873-74, p. 525. See supplementary act of 1873- 74, p. 525, which appears in full in Appendix, Civil Code, p. 1910. Citations. Cal. 131/341. TITLE 214. HOMING PIGEONS. ACT 1497. An act for the protection of the Antwerp messenger, or homing-pigeon. [Approved February 26, 1897. Stats. 1897, p. 37.] Codified by § 598a of Penal Code. Acts 1502-1511 GENERAL LAWS. 478 TITLE 215. HOPS. ACT 1502. An act fixing rate of tare on baled hops. [Approved March 31, 1891. Stats. 1891, p. 452.] §1. There shall be allowed on baled hops a tare at the rate of two per centum of the weight of the bale for the cloth and other material used in baling; that is, the tare shall be at the rate of two pounds per hundred on the weight of the bale. § 2. This act shall 'take effect and be in force from and after its passage. TITLE 216. HOENITOS. ACT 1507. Incorporating town of. [Stata. 1869-70, p. 471.] TITLE 217. HOETICULTUEE. See "Agriculture" ; "Forestry" ; "Viticulture." ACT 1510. An act to provide for the proper naming of trees, seeds, plants, and vines, sold, offered, or exposed for sale in this state and providing a penalty for the violation of this act. [Approved March 3, 1905. Stats. 1905, p. 44.] § 1. All trees, seeds, plants and vines, sold, offered or exposed for sale in the state of California shall be properly named as to variety and kind, and any person knowingly selling, trading, or exchanging, or offer- ing or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars, nor more than three hundred dollars. ACT 1511. An act to provide for an investigation of the nature of the diseases known as pear blight and walnut blight and to prevent, eradicate, and procure a cure for the same and to cause to be prosecuted experi- mental and research work in the field of viticulture, directing pub- lication of the results of such experiments and investigations, making an appropriation therefor and prescribing the duties of the controller and treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 124.] § 1. The regents and the president of the University of California are hereby directed to cause to be prosecuted with all possible diligence, 479 HORTICULTURE. Act 1512 in conneption with and !n addition to tho work heretofore carried on by the agricultural experiment station, experimental and research work in the field of viticulture, including both cultural and industrial processes. They are directed to ascertain the adaptation of the various kinds of vines to the several climatic and soil conditions of the state, with the piiecial reference to those stocks for propagating purposes, resistant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting and propagating said stocks and vines together with the most important nietliods of vinification and preparation, manufacture and application of j^easts in vinification and distillation. They are further directed to report upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases, and all matters appertaining to the vitieultxiral indus- try pertinent to the successful conduct of the business and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investigations in form of bul- letins from time to time, as may seem advisable and not less than two bulletins showing the progress and result of the work, shall be issued in any fiscal year. And they are further directed to inaugurate an investigation of the cause, nature, and means of suppression or prevention, of the so-called pear blight, a destructive, infectious disease of pear and apple trees. For such investigation said director shall obtain and establish such as- sistants, equipment, materials, appliances, apparatus and other incidentals as may be necessary to the successful prosecution of the work, within the appropriation specified. .'Vnd they are further directed to secure a remedy for the so-called walnut blight. The said regents are hereby authorized to employ an expert and if necessary, to send him abroad to ascertain the cause of this blight and in an endeavor to secure a remedy therefor. § 2. There is hereby appropriated for the use of said experiment sta- tion, for the purposes set forth in this act, the sum of twenty thousand dollars ($20,000). § 3. All money appropriated under this act shall be paid to the regents of the University of California, and expended under the direction of the director of the agricultural experiment station of said university for the specific purposes herein named. ACT 1512. To create and establish a state board of horticulture, and appropriate money for the expenses thereof. [Approved March 13, 1883. Stats. 1883, p. 289.] Amended 1885, p. 4; 18S9, pp. 8. 89. Repealed 1903, p. 524. See Political Code, §§ 2319-2319J. Acts 1513-1517 GENERAL LAWS. ACT 1513. An act to create a state commission of horticulture, to provide for a state commissioner of horticulture, and prescribe his powers, duties and compensation, and to provide methods, means and penalties for the enforcement of such powers and duties, aud appropriating money for the use and support and to pay the expenses thereof, and to repeal chapter sixty-three of the laws of eighteen hundred and eighty- three, chapter seven of the laws of eighteen hundred and eighty- five, chapter eighty-six of the laws of eighteen hundred and eighty- nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one. [Approved March 25, 1903. Stats. 1903, p. 524.] Amended 1905, p. 496. Probably codified by §§ 2319-2319J, Political Code. The code commissioners say it is the act of 1883, 289 (Act 1512), that is codified. As that act was re- pealed in 1903, the act of 1903 (Act 1513) is probably the one referred to. ACT 1514. To protect and promote the horticultural interests of the state. [Stats. 1881, p. 86.] Amended 1889, p. 413; 1891, p. 268. Repealed 1897, p. 244. Amended 1907, p. 112. ACT 1515. An act to promote the horticultural interests of the state by providing county boards of horticulture, and repealing the act entitled "An act to protect and promote the horticultural interests of the state," approved March 14, 1881, and certain acts amendatory thereof, approved March 19, 1889, and March 31, 1891. [Approved March 31, 1897. Stats. 1897, p. 244.] Amended 1905, p. 297; 1907, p. 112. Citations. Cal. 133/325. Codified by §§ 2322-2322e of Political Code. ACT 1516. To prevent the spreading of fruit and fruit-tree pests nnd diseases, and to provide for their extirpation. [Approved March 9, 1885. Stats. 1885, p. 40.] Superseded 1899, p. 91. ACT 1517. For the protection of horticulture, and to prevent the introduction into this state of insects, or diseases or animals injurious to fruit or fruit- trees, vines, bushes, or vegetables, and to provide for a quarantine for the enforcement of this act. [Stats. 1899, p. 91.] Amended 1903, p. 32. 481 HORTICULTURE. Acts 1518, 1519 ACT 1518. An act prohibiting the sale of any fruit tree or fruit trees of a certain kind, variety or description and the delivery thereafter with the intent to deceive to the purchaser of a fruit tree or fruit trees of a different kind, variety or description, and providing penalties for the violation thereof, and prescribing the time within which prosecutions under this act may be commenced. [Approved March 15, 1907. Stats. 1907, p. 275.] § 1. It shall be unlawful for any person, persons, firm or corporation, acting either as principal or agent, to sell, to any person, persons, firm or corporation any fruit tree or fruit trees representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold. §2. Any person violating any provisions of this act shall be deemed guilty of a misdemeanor and upon* conviction shall be fined in a sum not less than fifty ($50) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county Jail for not less than twenty days or more than six months, or by both fine and imprisonment. § 3. Prosecutions under this act may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in section one. §4. This act shall take effect and be in force from and after its passage. ACT 1519. An act providing for the investigation of the nature and means of con- trol of destructive diseases of cultivated plants in those portions of the state not benefited by the Southern California Pathological Laboratory, and making an appropriation therefor. [Approved April 26, 1909. Stats. 1909, p. 1092.] Investisration of tree diseases. §1. The regents and the president of the University of California are hereby directed to maintain in connection with the agricultural experi- ment work of the university in those portions of the state not benefited by the Southern California Pathological Laboratory, a scientific station or laboratory with the necessary equipment for the investigation of the nature and "means of control of injurious and destructive diseases of cultivated trees, plants and crops. Information to growers. §2. They are directed to make or cause to be made investigntions of such troubles as pear blight, peach blight, olive knot, apricot failures. Gen. Laws — 31 Acts 1522, 1523 GENERAL LAWS. 482 pear scab, apple diseases, root rot, root knot, diseases of tomatoes, potatoes, asparagus, onions and other vegetables, and such other plant diseases as may be called to their attention. They shall also furnish information and practical demonstrations to the growers of these crops as to the best means of control for such diseases. Appropriation. § 3. The sum of fifteen thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to be expended by the regents of the University of California in carrying out the purposes of this act and the state controller is hereby authorized and directed to draw his warrant for the same, payable to the regents of the University of California, and the treasurer of the state is hereby directed to pay such warrant. TITLE 218. HOSPITALS. ACT 1522. Conferring 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. [Approved February 16, 1897. Stats. 1897, p. 9.] ACT 1523. An act to provide for the licensing and inspecting of maternity hospitals, lying-in asj'lums and homes for children: defining the duties of persons conducting the same; and the duties and powers of the county boards of health or county health officers and other health officers in relation thereto, and providing a penalty for the violation of its provisions. [Approved March 20, 1903. Stats. 1903, p. 317.] § 1. Any person who, without first having obtained a license in writ- ing so to do from the county board of health or county health officers, as hereinafter provided, manages, conducts, establishes or maintains within any county or city and county in this state any maternity hos- pital or lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or manages, con- ducts, establishes or maintains within any county or city and county in this state any institution, boarding-house, home or other place for the reception or care of children, or keeps, at any such place, any child under the age of twelve years, not his relative, apprentice, or ward, without legal commitment; or neglects, refuses or omits to comply with the provisions of this act, or who violates the provisions of such act, is guilty of a misdemeanor. § 2. For such places within the limits of their respective territorial jurisdictions, the county board of health in all counties or city and county governments, having a county board of health, and in all other 483 HOSPITALS. Act 1524 counties or city and county governments, the county health officer shall have power to issue licenses, and every such litrnse must specify the name and residence of the person so undertaking the care of such females or children; and the location within the countv or city and county of the place where the same are kept and the number of females or children thereby allowed to be received, boarded or kept therein, and shall be revocable for cause by the said county board of health or county health ofliccr,_ as the case may be, in any case whore the provisions of this act are violated, or in any case where, in the opinion of such county board of health or such county health officer, such hospital, asylum, insti- tution, home, boarding-house or other place is being managed, conducted or maintained without proper regard for the health, comfort or morality of the inmates thereof, or without due regard or proper sanitation or hygiene. § 3. Every person so licensed must keep a register, wherein he shall enter the names and addresses of all such females, the names and ages of all such children, and of all children born on the premises, and the names and residences of their parents, so far as is known, and the time of the reception and discharge of such children and the reasons therefor, and also the name and age of every child who is given out, adopted, taken away, or indentured from such place, to or by any person, together with the name and residence of the person so adopting, taking away or indenturing such child; and within forty-eight hours after such child is so given out, taken away or indentured, shall cause a correct copy of the register relating to such child to be sent to the county board of health or county health officer, as the case may be. §4. It shall be lawful for the officers and representatives of such county board of health, or for such county health officers and their repre- sentatives, and for all health officers, at all reasonable times, to enter and inspect the premises wherein such females and children are so boarded, received or kept, and to call for and inspect the license and the register and to also to see and visit such children and females. ACT 1524. An act to promote the public welfare, by providing for the conveyance, holding and protection of property, and the creation of trusts for the founding, endowment, erection and maintenance within this state of hospitals for the relief of the sick and for training schools for nurses. [Approved February 19, 1907. Stats. 1907, p. 10.] § 1. The provisions of this act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construc- tion 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. § 2. Any person desiring in his lifetime to promote tlie public welfare by founding, endowing and having maintained within this state a hos- Act 1524, §§ 3-5 GENERAL LAWS. 484 pital for the relief of the sick, and as a training school for nurses, may to that end and for such purpose, by grant in writing, convey to a trustee or any number of trustees named in such grant, and to their successors, any property real or personal, belonging to such person, and situated or being within this state, provided, that if any such person be married and the property be community property, then both husband and wife must join in such grant. §3. The person making such grant may therein designate: 1. The nature, object and purpose of the hospital and school for nurses to be founded, endowed and maintained. 2. The name by which it 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 objects of such grant. 4. The mode and manner, and by whom, the successors of the trustee or trustees named in the grant are to be appointed. 5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribes, be advisory only, and shall not preclude such trustees from making such changes as new conditions may from time to time require. §4. The trustee or trustees named in such grant, and their successors may in the name of the said hospital and school for nurses, as designated in such grant, receive and hold gifts and donations of real and personal property, sue and defend, in relation to the trust property, and in rela- tion to all matters affecting the said hospital and said school endowed or established by such grant, and such trustees are hereby given, and shall have, the right to exercise corporate powers and privileges, and to that end they may organize and act as a board of trustees, elect such officers of such board as they may deem to be necessary, adopt by-laws, and as such board, and through the officers thereof, they may transact such business, perform such acts and exercise such powers as they in writing may provide may be transacted, performed and exercised by such board. Such board may adopt and use a seal and such seal when attached to any document or writing shall be prima facie evidence that such document or writing was made by and under due authority from such board and from such trustees. §5. The person making such grant, by a provision therein, may elect in relation to the property conveyed and in relation to the erection, maintenance and management of such hospital and school, 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 therein named, and in such case the powers and duties conferred and imposed by such grant upon said trustees therein named, shall be exercised and performed by the person making such grant, during his life; provided 485 HOTELS— HOURS OP LABOR. Acts 1528, 1633 however, that upon the death of such person such powers and duties shall devolve upon and shall bo exercised by the trustees named in the grant, and their successors. §6. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowl- edgment and recording of grants of real property. §7. No suit, action or proceeding shall be commenced or maintained by any person to set aside, annul or effect said conveyance or to effect the title to the property conveyed, or the right to the possession, or to the rents, issues and profits thereof, unless the 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 proceeding commenced by the trustees named in said grant or their successors, privies or persons hold- ing under them, which defense involves the legality of said grant, or effects the title to the property thereby conveyed, or the right of posses- sion, 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, and after such filing said projjertj shall be exempt from execution and forced sale. § 8. This act shall be in force from and after its passage. TITLE 219. HOTELS. ACT 1528. An act to regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, p. 289.] § 1. Every hotel-keeper, lodging-house keeper, and innkeeper, or heeper of any place where rooms are let to lodgers in which, or any of which such places illuminating gas is used, who shall turn off, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a mis- demeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persf»ns shall have connected every exit orifice upon the gas fixtures used in such place or places with a practical and safe automatic gas igniter. § 2. This act shall take effect and be in force immediately from and after its passage. TITLE 220. HOURS OF LABOR. Of minors. See tit. "Infancy," post. ACT 1533. To limit the hours of labor. [Stats. 18(37-68, p. 63. J Superseded by Political Code, §§ 3244, 3245, and Penal Code, § G51. Acts 1534-1545 GENERAL LAWS. 486 ACT 1534. Limiting the hours of daily services of laborers, workmen, anrl mechanics employed upon the public works of or work done for the state of California, or any political subdivision thereof, providing for the insertion of certain stipulations in contracts for public works, impos- ing penalties for violations of the provisions of this act, and pro- viding for the enforcement thereof. [Stats. 1899, p. 149.] Citations. Cal. 142/104. Superseded by the following act: ACT 1535. An act limiting the hours of daily service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or any political subdivision thereof; providing for the insertion of certain stipulations in contracts for public works; imposing penalties for violations of the provisions of this act, and providing for enforcement thereof. [Approved March 23, 1901. Stats. 1901, p. 561.] This act was probably superseded in part, if not entirely, by the following act: ACT 1536. An act limiting the hours of service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or of, or for any political subdivision thereof; imposing penalties for violation of the provisions of said act, and providing for the enforcement thereof. [Approved March 10, 1903. Stats. 1903, p. 119.] Codified by § 653c of Penal Code. TITLE 221. HOUSE OF CORRECTION. ACT 1540. To provide for commitments to the house of correction. [Stats. 1885, p. 34.] Superseded 1889, p. Ill; 1889, p. 100. Citations. Cal. 87/83. This act provided for commitments to houses of correction instead of to county jails in counties where there was a house of correction. TITLE 222. HOUSES OF PROSTITUTION. ACT 1545. To suppress houses of ill-fame. [Stats. 1855, p. 76.] Superseded by Penal Code, S$ 315, 316. 487 HUMBOLDT BAY — HUMBOLDT COUNTY. Acts 1550-1560 TITLE 223. HUMBOLDT BAY. ACT 1550. To prevent persons from obstructing the channels of Humboldt Bay and Harbor. [Stats. ISS-i, p. 192.] Superseded by Political Code, §§ 2567-2572, relating to harbor commissioners of Eureka. ACT 1551. To grant to the United States certain tide lands belonging to' the state of California for the purpose of improving the harbor of Humboldt Bay. [Approved March 9, 1887. Stats. 1887, p. 59.] ACT 1552. To grant to the United States certain tide lands belonging to the state of California, for the purpose of improving the harbor of Humboldt Bay. [Approved March 15, 1889. Stats. 1889, p. 201.] ACT 1553. Authorizing the governor and attorney general to purchase for the state certain lands in Humboldt Bay. [Stats. 1899, p. 166.] ACT 1554. An act appropriating money to be expended by and under the direction of the department of engineering for the purpose of making a pre- liminary survey of Humboldt Bay and gathering data for a report to the legislature as to the necessity of dredging and removing sand and other deposits formed across the channels of said bay and as to the best manner of removing said deposits that the navigability of said bay may be improved and making an estimate of the cost thereof. [Approved April 12, 1909. Stats. 1909, p. 841.] This act appropriated $2,000 for the purpose indicated. TITLE 224. HUMBOLDT COUNTY, ACT 1558. Clerk of, compensation of. [Stats. 1875-76, p. 81.] Repealed by County Government Act, 1897, p. 518, § 168. ACT 1559. District attorney of, salary of. [Stats. 1875-76, p. 34.] Superseded by County Government Act, 1897, p. 518, § 108. ACT 1560. Dependent poor and indigent sick of, relief and maintenance of. [Stats, 1875-76, p. 41.] Supplemented 1875-76, p. 488. Superseded by County Government Act, 1897, p. 452, Acts 1561-1571 GENERAL LAWS. 488 ACT 1561. To provide an additional judge for. [Stats. 1895, p. 27.] ACT 1562. Jurors in courts of justice of the peace in. [Stats. 1873-74, p. 229. J As to jurors' fees, repealed 1895, p. 273. ACT 15G3. Providing for the scaling of logs in. [Stats. 1877-78, p. 779.] ACT 1564. Additional notaries public. [Stats. 1871-72, p. 159.] Superseded by Political Code, § 791. This act provided for the appointment of three additional notaries. See Act 2500, post. ACT 1565. Fixing compensation of certain officers of. [Stats. 1873-74, p. 109.] Repealed by County Government Act, 1897, p. 518, § 168. ACT 1566. Concerning roads of. [Stats, 1871-72, p. 105.] Amended 1873-74, p. 103. Modified, if not superseded, by County Government Act, 1897, p. 452, and by § 2, Stats. 1883, p. 5, c. X. ACT 1567. Eoads in. [Stats. 1875-76, p. 477.] Repealed 1883, p. 5, c. X, § 2. ACT 1568. Sheriff, concerning office of. [Stats. 1871-72, p. 797.] Repealed by County Government Act, 1897, p. 518, § 168. This act allowed the sheriff compensation for his services as jailer. ACT 1569. Supervisors, fixing number of. [Stats. 1875-76, p. 333.] Repealed by the County Government Act, 1897, p. 452. ACT 1570. To provide for the dispos^al of lots in the towns and villages on the public lands in the county of Humboldt. [Stats. 1855, p. 168.] Amended Stats. 1856, p. 75; 1857, p. 241; 1860, p. 5. This act was passed to carry out the provisions of the federal statutes for the benefit of the occupants of such towns. ACT 1571. Fixing compensation of treasurer and assessor. [Stats. 1871-72, p. 169.] Superseded and in effect repealed by County Government Act, 1897, p. 518, S 168, as amended 1901, p. 721. 480 HUNTING ON PRIVATE GROUNDS— IMMIGRATION. Acts 1572-1538 ACT 1572. To declare certain streams and sloughs in Humboldt County navigable. [Stats. 1860, p. 159.] Incoiporated in Political Code, § 2349. TITLE 225. HUNTING ON PRIVATE GROUNDS. ACT 1577. To prevent hunting and shooting on private inclosed grounds, and the destruction of growing timber on private grounds in certain counties in this state. [Stats. 1871-72, p. 304.] Amended Stats. 1873-74, p. 792. Partly codified by § 602, Penal Code. This act applied to Alameda, San Mateo, Marin, San Bernardino, San Diego, Colusa, Sacramento, Sonoma, Nevada, Humboldt, Los Angeles, .Santa Barbara, Contra Costa, and San Luis Obispo counties. It was amended in 1873-74, p. 792, so as to make it apply to Alameda, San Mateo, Marin, San Bernardino. San Diego, Colusa, Sacramento, Sonoma, Nevada, Humboldt, Los Angeles, Santa Barbara, Contra Costa, San Luis Obispo, and Mendocino counties. See Act 1593, post. TITLE 226. HUSBAND AND WIFE. ACT 1582. Defining the rights of husband and wife. [Stats. 1850, p. 254.] Amended 1853, p. 165; 1857, p. 199; 1858, p. 22; 1861, p. 310; 1862, p. 518; 1863-64, p. 363. Superseded by provisions of Civil Code. Citations. Cal. 5/256; 7/270; 47/37; 49/190; 50/105; 87/647; 97/192; 98/468; 106/613, 614; 121/133, 135. TITLE 227. IMMIGEATION. Ax^'T 1587. Concerning passengers arriving in the ports of the state of California. [Stats. 1852, p. 78.] Amended 1853, p. 71; 1860, pp. 32, 58; 1862, p. 486; 1863, p. 150. CiUtions. Cal. 42/581. This act prescribed the duties of masters of vessels in relation to passengers arriving. It was superseded by Political Code, §§ 2949-2969. ACT 1588. To discourage the immigration to this state of persons who cannot become citizens. [Stats. 1855, p. 194.] This act imposed a fine of fifty dollars on every imraifrrant incompetent to become a citizen. It was declared unconstitutional iu People v. Downer, 7 Cal. 169. Acts 1593-1606 GENERAL LAWS. 490 TITLE 228. INCLOSURES. ACT 1593. Preventing persons passing through inelosures and leaving them open by tearing down fences or otherwise, and to prevent hunting upon inclosed lands. [Stats. 1875-76, p. 408.] Amended 1877-78, pp. 47, 776. Many of the sections of this act were codified by amendments to the Penal Code, 1905: See §§ 384b, 384c, 602, Penal Code. This act also punished the offenses of wounding the animals of another and of leaving fires. It provided that certain of its provisions should not apply to the counties of Los Angeles, San Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, and Placer. It was amended 1877-78, pp. 49, 776, so as to exempt from certain of its provisions the coun- ties of Los Angeles, San Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Hum- boldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, Placer, San Benito, and Santa Cruz. See Act 1577, ante. TITLE 229. INDEX. ACT 1598. Authorizing the superintendent of state printing to have prepared and printed an index to all the laws of California, 1850-93. [Stats. 1893, p. 150.] TITLE 230. INDIANS. ACT 1603. For the government and protection of Indians. [Stats. 1850, p. 408.] Amended 1855, p. 179; 1860, p. 196; 1863, pp. 743, 755. Some provisions of this act were repealed by later inconsistent statutes: People V. Antonio, 27 Cal. 404. Other provisions were undoubtedly repealed by the codes. It is probably not in force in any particular. In the absence of direct legislation, it is deemed advisable to call attention to it. ACT 1604. To prevent the sale of firearms and ammunition to Indians. [Stats. 1854, p. 24.] Superseded by Penal Code, § 398. ACT 1605. Granting to United States all lands within Indian reservations. [Stats. 1862, p. 552.] ACT 1606. To aid officers in the Indian department, appointed by the general gov- ernment for the state of California, in the discharge of their duties. [Stats. 1856, p. 223.] Amended 1857, p. 186. 491 INFANTS. Acts 1607-1611 "The above-named statute is mentioned by the code commissioners at § 1346 without anything to indicate that they suppose it to be repealed by any of the codes. If, however, as is indicated by the note to § 6 of the Penal Code, that section was intended to enumerate every act or omission made punishable, then this statute must have been substantially, if not absolutely, repealed by that code."- — Code Commissioners' Note, 1903. ACT 1607. To provide for the auditing and examination of claimg against the state of soldiers who served in the Indian wars in California. [Stats. 1897, p. 250.] TITLE 231. INFANTS. ACT 1610. An act to prevent any minor under the age of eighteen years visiting any prize-fight, cock-fight, or .place where any prize-fight or cock- fight is advertised or represented to take place and to provide a punishment therefor. [Approved April 17, 1909. Stats. 1909, p. 983.] § 1. It shall be unlawful for any minor under the age of sixteen years to visit or attend any prize-fight, cock-fight, or place where any prize-fight, cock-fight, or place where any prize-fight or cock-fight is advertised to take place. § 2. It shall be unlawful for the owner, lessee or proprietor, or the agent of any owner, lessee or proprietor of any place where any prize- fight or cock-fight is advertised or represented to take place to admit any minor under the age of eighteen years to such a place where any prize-fight or cock-fight is advertised or represented to take place; or to admit, or to sell or give away to any such minor a ticket or other paper by which said minor might be admitted to such place where such prize- fight or cock-fight is advertised to take place. Misdemeanor. § 3. Every person violating any of the provisions of the preceding sections is guilty of a misdemeanor, and shall be punished by a fine of not exceeding fifty dollars, or be imprisoned in county jail not more than twenty-five days, ACT 1611. An act regulating the employment and hours of labor of children — pro- hibiting the employment of minors under certain ages — prohibiting the employment of certain illiterate minors — providing for the en- forcement hereof by the commissioner of the bureau of labor statistics and providing penalties for the violation hereof. [Approved February 20, 1905. Stats. 1905, p. 11.] Amended 1907, pp. 598, 578; 1909, pp. 211, 387. Construed In re Spencer, 149 Cal. 396. Citations. Cal. 149/399, 403, 404. Act 1611, §§ 1, 2 GENERAL LAWS. 492 § 1. No minor under tlie age of eighteen shall he employefl in labor- ing in any manufacturing, mechanical or mercantile establishment, or other place of labor, more than nine hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-four hours in a week. § 2. No minor under the age of sixteen years shall be employed or permitted to work in any mercantile institution, office, laundry, manu- facturing establishment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of mer- chandise or messages between the hours of 10 o'clock in the evening and 6 o'clock in the morning. No child under fourteen years of age shall be employed in any mer- cantile institution, office, laundry, manufacturing establishment, work- shop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. Provided, that the judge of the juvenile court of the county, or city and county, or in any county or city and county in which there is no juvenile court, then any judge of the superior court of the county or city and county in which such child resides shall have authority' to issue a permit to work to any such child over the age of twelve years, upon a sworn statement being made to him by the parent of such child that such child is past the age of twelve years, that the parents or parent of such child are incapacitated for labor through illness, and after investiga- tion by a probation officer or truant officer of the city, or city and county, in which such child resides, or in cities and counties where there are no probation or truant officers, then by such other competent person as the judge may designate for this purpose. The permit so issued shall specify the kind of labor and the time for which it is issued, and shall in no case be issued for a longer period than shall seem necessary to the judge issuing such permit. Such permit shall be kept on file by the person, firm, or corporation employing the child therein designated, during the term of said employment, and shall be given up to such child upon his quitting such employment. Such certificate shall be always open to the inspection of the truant and probation officers of the city and county, city or county, in which the place of employment is situated, or of the officers of the state bureau of labor statistics. And provided, that the attendance officer of any county, city and county, or school district in which any place of employment, in this section named, is situated, shall have the right and authority, at all times to enter into any such place of employment for the purpose of investigating violations of the provisions of this act, or violations of the provisions of an act entitled "An act to enforce the educational rights of children and providing penalties for violations of the act," approved March 24, 1903, and amended March 20, 1905; provided, how- ever, that if such attendance officer is denied entrance to such place 4S3 INFANTS. ^ Act 1611, § 3 of employment, any magistrate may, upon the filing of an aflidavit by such attendance officer setting forth the fact that he has good cause to believe that the provisions of this act, or the act hereinbefore referred to, are being violated in such place of employment, issue an order directing such attendance officer to enter said place of employment for the purpose of making such investigations. And provided, that any such child over the age of twelve years may be employed at any of the occupations mentioned in this act during the regular vacation of the public schools of the city, county or city and county, in which the place of employment is situated, upon the produc- tion of a permit signed by the principal of the school which such child has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the child to whom it is issued, and the date of the termination of the vacation for which it is issued, and shall be kept on file by the employer during the period of employ- ment, and at the termination of such employment shall be returned to the child to whom it was issued. No minor who is under sixteen years of age shall be employed or per- mitted to work at any gainful occupation during the hours that the public schools of the city, town or school district in which his place of employment is situated are in session, unless he or she can read English at sight and can write legibly and correctly simple English sentences, or unless he or she is a regular attendant for the then current term at a regularly conducted night school. A certificate of the principal of such school shall be held to be sufficient evidence of such attendance. [Amendment approved March 15, 1909. Stats. 1909, p. 387.] § 3. Every person, firm, or corporation employing minors under eighteen years of age, in any manufacturing establishment, shall post, and keep posted, in a conspicuous place in every room where such help is employed, a written or printed notice stating the number of hours per day for each day of the week required of such persons. Every person, firm, or corporation, agent or officer of a firm or cor- poration employing or permitting minors under sixteen years and over fourteen years of age to work in any mercantile institution, office, laundry, manufacturing establishment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such minors, and shall have on file a certificate of age and schooling, as provided in this act, for every such minor so employed, said record and certificate to be open at all times to the inspection of those whose duty it is to enforce the provisions of this act. An age and schooling certificate shall be approved only by the super- intendent of schools of the city or city and county, or by a person authorized by him, in writing, or where there is no city or city and county superintendent of schools, by a person authorized by the local school trustees; provided, that the superintendent or principal of any school of recognized standing shall have the right to approve an age and schooling certificate, and shall have the same rights and powers as the superintendent of public schools to issue the certificate herein pro- Act 1611, § 3 , GENERAL LAWS. 494 vided, for children attending such schools. The persons authorized to issue age and schooling certiflcates shall have the authorit}^ to administer the oaths necessary for carrying out the provisions of this act, but no fees shall be charged for issuing such certificates. An age and schooling certificate shall not be approved unless satis- factory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the public register of birth of such child, or in some other manner, that such child is of the age stated in the certificate. A duplicate copy of each age and schooling certificate granted under the provisions of this act shall be kept by the person issuing such certificate, such copy to be filed with the county superintendent of schools in the county where the certificate was issued; provided, that all such copies of certificates issued between June 25th and December 25th of any year shall be filed not later than December 31st of such year, and those issued between December 25th and June 25th of the ensuing year shall be filed not later than June 30th of each year. Such cer- tificate shall be substantially in the following form, to wit: Age and Schooling Certificate. — This certifies that I am the (father, mother, or guardian) of (name of child), and that (he or she) was born at (name of town or city), in the county of (name of county) (if known) and state (or country) of (name), on the (day and year of birth), and is now (number of years and of months) old. Signature as provided in this act. Town or city, and date. There personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (hirn or her) signed is true to the best of (his or her) knowledge and beliei". I hereby approve the foregoing certificate of (name of child) height (feet and inches), complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certi- fied, and I hereby certify that (he or she) can or cannot read English at sight, and can or cannot write legibly simple sentences in the English language. Signature of the person authorized to sign, with his official character and authority. Town or city and date. This certificate belongs to the person in whose behalf it is drawn, and it shall be surrendered to (him or her) whenever (he or she) leaves the service of the person, firm, or corporation holding the same. The certificate as to the birthplace and age of the minor under sixteen and over fourteen years of age shall be signed by his father, his mother, or his guardian; if a child has no father, mother, or guardian living in the same city or town, his own signature to the certificate may be accepted by the person authorized to approve the same. Every person authorized to sign the certificate prescribed by this act, who knowingly certifies to any false statement therein, is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five nor more than fifty dollars, or imprisonment not more than thirty days, or by both such fine and imprisonment. 495 INFANTS. Act IGU, §§ 4-7 The county siiperintentlent of schools of each county shall file with the commissioner of the bureau of labor statistics a report showing the number of age and schooling certificates issued to male and female minors, fourteen years and fifteen years of age, and such other detailed information as the commissioner may require. Baid report to be filed during the months of January and July of each year for the preceding six months ending June 25th and December 25th of each year, and cover certificates issued during said periods and on file in the oflice of county superintendents of schools, as described in paragraph five of this section. [Amendment approved March 15, 1909. Stats. 1909, p. 389.] § 4. Any person, firm, corporation, agent, or officer of a firm or cor- poration that violates or omits to comply with any of the foregoing provisions of this act, or that employs, or suffers, .or permits any minor to be employed in violation thereof, is guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine of not less than fifty dollars or more than two hundred dollars,' or by imprisonment for not more, than sixty days, or by both such fine and imprisonment, for each and every offense. A failure to produce any age and schooling certificate or permit, or to post any notice required by this act, shall be prima facie evidence of the illegal employment of any person whose age and schooling certificate or permit is not produced, or whose name is not so posted. Any fine collected under the provisions of this act shall be paid into the school funds of the county, or city and county, in which the offense occurred. Except such fines imposed and collected as the result of prosecutions by the officers of the bureau of labor statistics. In such cases one-half of resultant fine or fines shall be paid into the state treasury and cred- ited to the contingent fund of the bureau of labor statistics, and one- half paid into the school funds of the county, or city and county in which the oft'ense occurred. [Amendment approved March 15, 1909. Stats. 1909, p. 391.] § 5. Nothing in this act shall be construed to prohibit the employ- ment of minors at agricultural, horticultural, viticultural, or domestic labor, during the time the public schools are not in session, or during other than school hours. For the purpose of this act, horticulture shall be understood to include the curing and drying, but not the canning, of all varieties of fruit. [Amendment approved March 19, 1907. Stats. 1907, p. 598.] § 6. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. The commissioner, his deputies and agents shall have all powers and authority of sheriffs to make arrests for violations of the provisions of this act. [Amendment approved March 15, 1909. Stats. 1909, p. 391.] §7. This act shall take effect sixty days after its passage. Act3l611a-1G16 GENERAL LAWS. 496 ACT 1611a. An act to aid the enforcement of an act entitled, "An act to enforce the educational rights of children and providing penalties for viola- tion of the act," approved March 24, 1903. [Approved March 8, 1909. Stats. 1909, p. 209.] § 1. All minors coming within the provisions of an act entitled, "An act regulating the employmeut and hours of labor of children, pro- hibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the commissioner of the bureau of labor statistics and pro- viding penalties for the violation hereof," (approved February 20, 1905) and found employed and at work without the necessary legal authoriza- tion as provided for and required in said act, and whose ages are between the maximum and minimum age limits as described in an act entitled, "An act to enforce the educational rights of children and providing penalties for violation of the act," shall be placed or delivered into the custody of the school district authorities of the county, city, or city and county in which they are found illegally at work. § 2. The commissioner of the bureau of labor statistics is hereby authorized, directed and empowered to enforce the provisions of this act. § 3. This act shall take effect immediately. ACT 1612. To prevent sale of intoxicating drinks to. [Stats. 1871-72, p. 231.] Superseded 1891, p. 91. See Act 1613. ACT 1613. To prevent the sale of intoxicating liquors to. [Stats. 1S91, p. 91.] Superseded by act of 1903, p. 319. See Act 1614. ACT 1614. To prevent the selling, giving or delivering intoxicating liquors to minor children, and to prevent minor children visiting saloons or public houses where intoxicating liquors are sold. [Approved March 20, 1903. Stats. 1903, p. 319.] Codified by § 397b of Penal Code. ACT 1615. To protect female children under the age of seventeen. [Stats. 18G0, p. 86.] This act prohibited the exhibition of female children under seventeen in any public place. Superseded by Penal Code. ACT 1616. For the protection of children, and to prevent and punish certain wrongs to children. [Stats. 1877-78, p. 812.] Codified by § 607 of the Civil Code and §§ 272, 273a-273d of the Penal Code, 1905. See "History" of sections referred to. This act prevented minors under sixteen from entering saloons and prevented anyone from using children for purposes of beggary. ACT 1617. Eelating to children. [Stats. 1877-78, p. 813.] Codified by amendments to both the Civil and Penal Codes, 1905: See §607 et seq, Civil Code, and § 272 et seq.. Penal Code. This act prevented the selling or apprenticing of children for immoral purposes. ACT 1618. For the incorporation of societies for the prevention of crueltv to chil- dren. [Approved April 3, 187G. Stats. 1875-76, p. 830.] Codified by § 607 et seq., Civil Code, and § 272 et seq., Penal Code. ACT 1619. To regulate the hours of labor and employment of minors. [Stats. 1889, p. 4.] See Acts 1611, 1620. ACT 1620, To regulate the employment, hours of labor, etc., of children. [Stats. 1901, p. 631.] Superseded by act of 1905, p. 11: See ante, Act 1611. fcfee Acts 1611, 1619. ACT 1621. Relating to the care and custody of minor children in certain cases. [Stats. 1869-70, p. 328.] Superseded by Civil Code, §§ 198, 199. ACT 1622. Orphan and abandoned children, care of. [Stats. 1873-74, p. 297.] Amended 1877-78, p. 82. Codified by § 246, Civil Code, adopted 1905, and § 271a, Penal Code: See respective sections of the codes referred to. This act provided for the publication of notices of childi'en admitted, and in- flicted a penalty for abandonment of children. TITLE 232. INSANE. ACT 1626. An act authorizing and directing the board of managers of the Agnews State Hospital to continue the work of replacing and reconstruct- ing and re-equipping for the accommodation and treating of patients, buildings destroyed April 18, 1906, to appropriate the sum of two hundred fifteen thousand dollars therefor, to direct the manner of expenditure thereof, to remove restriction upon the per capita cost, and authorizing and directing the state controller to draw his war- rant for the said sum, and the state treasurer to pay the same [Approved March 25, 1909. Stats. 1909, p. 791.] Gen. Laws — As Acts 1627-1636 GENERAL LAWS. 498 ACT 1627. To provide an aclditional asylum for chronic insane. [Stats. 1885, p. 35.] Amended 1889, p. 130. Superseded by the Lunacy Commisbion Act, 1897, p. 311. This act created the asylum at Agnews. ACT 1628. To provide for the erection of water towers and tanks on the grounds of the Agnews state hospital. [Stats. 1901, p. 806.1 ACT 1629. To establish a branch insane asylum for the insane of the state of California at Ukiah, to be known as the Mendocino State Insane Asylum, and appropriating money therefor. [Stats. 1889, p. 25.] Superseded by the Lunacy Commission Act, 1897, p. 311. ACT 1630. To change the name of the Mendocino State Asylum for the Insane to Mendocino Asylum. [Stats. 1893, p. 75.] ACT 1631. To provide for the future management of Napa State Asylum for the Insane. [Stats. 1875-76, p. 133.] Amended 1883, p. 281; 1887, p. 177; 1889, p. 351. Repealed by the Lunacy Commission Act, 1897, p. 311. Citations. Cal. 87/198; 98/80; 116/441; 149/737; 153/699, 702. See In re Clary, 149 Cal. 732. ACT 1632. Napa State Asylum for the Insane, prohibiting sale of intoxicating liquors v/ithin certain distance of. [Stats. 1873-74, p. 27.] Superseded by Penal Code, § 172. ACT 1633. Napa State Asylum, supply of water for. [Stats. 1875-76, p. 883.] ACT 1634. To provide for the erection and management of a state hospital for the insane to be located in southern California. [Stats. 1889, p. 120.] Amended 1891, p. 481; 1895, p. 207. Superseded by the Lunacy Commis- sion Act, 1897, p. 311. ACT 1635. Appropriation for supplying water, light, and fuel for the state insane asylum at Stockton. [Stats. 1889, p. 106.] Repealed 1889, p. 225. ACT 1636. To authorize the board of managers of the Southern California State Hospital to sell a strip of land. [Stats, 1901, p. 563.] 499 INSANE. Acts 1637-1642 ACT 1C37. Authorizing the trustees of the Southern Cnlifornia State Asylum to con- vey certain water rights. [Stats. 1895, p. 232.] ACT 1637a. An act to authorize and empower the board of managers of the Southern California State Hospital for the Insane, near the city of San Bernardino, San Bernardino County, to sell and convey a strip or parcel of land situate in San Bernardino County, in the state of California, and belonging to said state, to the San' Bernardino Valley Traction Company for the purposes of a right of way for an electric railroad thereon. [Approved March 23, 1907. Stats. 1907, p. 911.] ACT 1637b. An act to ratify a deed of conveyance made by the Southern California State Hospital to the Bear Valley Mutual Water Company. [Ap- proved March 21, 1907. Stats. 1907, p. 848.] ACT 1638. Insane, providing further accommodation for. [Stats. 1871-72, p. 673.] Superseded as to government of the institution by 1897, p. 311. ACT 1639. To prevent the overcrowding of asylums for the insane. [Stats. 1885, p. 35.] Superseded by the Lunacy Commission Act, 1897, p. 311. ACT 1640. In relation to the superintendent of the state insane asvlum. [Stats. 187]-72, p. 845.] Repealed 1877-78, p. 767. This act required the superintendent to attend the annual meetings of the Superintendents of American Institutions for the Insane: See the act of 1877- 73, p. 767. ACT 1641. To provide for the future management of the state asylums for the insane. [Stats. 1885, p. 32.] "Modified, if not repealed, by 1889, p. 329, c. CCXX, and both modified, if not repealed, by the Lunacy Commission Act, .1897, p. 311." — Code Commissioners' Note. ACT 1642. To provide for the maintenance, support, and discharge in certain cases of insane persons confined in the state asylum for the insane, and for the control and management of a resulting contingent fund. [Stats. 1889, p. 329.] Probably superseded by the Lunacy Act, 1897, p. 311. Acts 1G43-1654 GENERAL LAWS. POO This act provided for an inquiry into the ability of inmates to support them- selves, and for the payment for their support by inmates found capable. ACT 1643. To establish a state lunacy commission, to provide a uniform govern- ment and management of the state hospitals for the insane, and provide for the care, custody, and apprehension of persons believed to be insane, and the commitment of insane persons, and providing for the transfer of unexpended appropriations of moneys and prop- erties. [Stats. 1897, p. 311.] Amended 1899, p. 160. Section 19 repealed 1900, p. 22. "Unconstitutional as to method of commitment. (Matter of Lambert, 134 Cal. 626.) Probably superseded by §§ 2136-2199, Political Code, as adopted in 1903, and amended m 1905. See, also, In the Matter of Clary, 149 Cal. 732." — Code Commissioners' Note. Citations. Cal. 126/615, 616, 617, 619; 127/571; 129/332; 134/ 317, 3\fi, 319, 627, 629, 630, 632; 136/581, 583; 138/380, 381, 384, 491; 149/736, 737, 738; 153/496, 699, 702. ACT 1644. An act to provide for restoration to capacity of persons adjudged to be insane, who have no guardians and who are not confined at state hospitals for the insane. [Approved March 23, 1901. Stats. 3901, p. 639.] Repealed 1909, p. 261. Citations. Cal. 153/496. ACT 1647. An act to authorize and empower the board of managers of the Agnews State Hospital to sell and convey a portion of real property situate in Santa Clara County, in the state of California, and belonging to said state, to the Western Distilleries. [Approved April 20, 1909. Stats. 1909, p. 1010.] TITLE 233. INSECTS. See "Horticulture." ACT 1649. To prevent the spreading of fruit and fruit-tree pests. [Stats. 1885, p. 40.] Superseded 1899, p. 91, c. LXXVI. TITLE 234. INSOLVENCY. ACT 1654. For the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors. [Stats. 1895, p. 131.] Amended 1897, p. 35. Superseded by the federal law on the subject. Citations. Cal. 138/742. See Act 283, ante, for further citationt. 501 INSURANCE. Acts 1659-1GG6 TITLE 235. INSUKANCE. ACT 1659. To provide for the formation of mutual insurance companies. [Stats. 1851, p. 523.] Repealed. See § 288, Civil Code. ACT 1660. Supplementary to the act concerning corporations. [Stats. 18C5-66, p. 23.] This act enabled insurance companies to increase their capital stock. "Repealed, except as to corporations existing prior to the adoption of the codes by § 288, Civil Code." — Code Commissioners' Note. ACT 1661. Prescribing conditions for transacting insurance business. [Stats. 1867- 68, p. 323.] Supplemented 1869-70, 321. Repealed, except as to pre-existing corporations by § 288, Civil Code." — Code Commissioner's Note. ACT 1662. To provide for the official valuation of life insurance policies. [Stats. 1869-70, p. 859.] Amended 1871-72, p. 97. Repealed 1877-78, p. 83 (Code amendments). ACT 1663. Life insurance, forfeiture of policies of, act regulating. [Stats. 1871- 72, p. 59.] Repealed by amendment to codes, 1877-78, p. 83. ACT 1664. Eelating to life, health, accident, and annuity or endowment insurance on the assessment plan, and the conduct of business of such insur- ance. [Stats. 1891, p. 126.] Codified by §§ 453d-453p of Civil Code of 1905: See note to § 453d, Civil Code. Citations. Cal. 106/101, 103; 121/321, 324; 123/110; 129/633, 634; 138/ 679, 680, 681; 153/185, 186, 187, 188. ACT 1665. Providing for incorporation of mutual insurance companies. [Stats. 1865-66, p. 752.] Amended 1867-68, pp. 330, 601; 1880, p. 229, but repealed by § 288, Civil Code. Citations. Cal. 64/384; 67/107; 133/43, 47, 43, 50; 150/416. ACT 1666. Relating to fire and marine insurance companies. [Stats. 1865-66, p. 7-13.] Amended 1867-68, p. 330. Repealed by § 282, Civil Code. Acts 1667-1670 GENERAL LAWS. 602 ACT 1667. To provide for the organization and manageraont of county fire insur- ance companies. [Stats. 1897, p. 439.] Amended 1907, p. 941; 1909, p. 912. This act appears in full in Appendix, Civil Code, p. 1911. ACT 1668. To require the payment of certain premiums to counties and cities and counties, by fire insurance companies not organized under the laws of the state of California, but doing business therein, and providing for the disposition of such income. [Stats. 1885, p. 13.] Amended 1887, p. 15. Unconstitutional: San Francisco v. Insurance Co., 74 Cal. 113. This act pro- vided for the payment of a certain percentage of the income of fire insurance companies into a firemen's relief fund. ACT 1669. Eelative to the noninsuranee of property belonc^ing to the state against risk of damage or destruction by fire. [Stats. 1891, p. 70.] ACT 1670. An act to establish a standard form of fire insurance policy and to prevent variations therefrom, excepting under certain stated con- ditions and restrictions. [Approved March 18, 1909. Stats. 1909, p. 404.] Standard fonn of fire insurance policy. § 1. The following is adopted as a standard form of fire insurance policy for the state of California: CALIFORNIA STANDARD FORM FIRE INSURANCE POLICY. No. Amount $ Rate No other insurance permitted except by agreement indorsed hereon or added hereto. (Here insert name of company, and place of its main office in Califor- nia, and name of state or country under which incorporated or organ- ized.) In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 — , at noon, to the day of , 19 — , at noon against all loss or damage by fire, except as hereinafter provided. To an amount not exceeding dollars to the following described property while located and contained as described herein, and not else- where, to wit: The company will not be liable beyond the actual cash value of the interest of the insured in the property at the time of loss or damage nor exceeding what it would then cost the insured to repair or replace the same with material of like kind and quality; said cash value to be esti- 503 INSURANCE. Act 1670. § 1 mated without allowance for any increased cost of repair or recon- struction by reason of any ordinance or law regulating repair or con- struction of buildings, and witliout compensation for loss resulting from interruption of business or manufacture. This policy is made and accepted subject to the foregoing stipula- tions and conditions and those hereinafter stated, which are hereby specially referred to, and made part of this policy, together with such other provisions, agreements or conditions as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this com- pany shall have power to waive any provision or condition of this policy except by writing indorsed hereon or added hereto, and no person, unless duly authorized in writing, shall be deemed the agent of this company. This policy shall not be valid until countersigned by the duly author- ized agent of the company, at . In witness whereof, this company has executed and attested these presents (here insert name of company) By . Countersigned at this day of , 19 — . Agent. STIPULATIONS AND CONDITIONS SPECIALLY REFERRED TO. Property not covered, (a) This company shall not be liable for loss to accounts, bills, currency, evidences of debt or ownership or other documents, money, notes or securities; nor, (b) unless liability is spe- cifically assumed hereon, for loss to bullion, casts, curiosities, drawings, dies, jewels, manuscripts, medals, models, patterns, pictures, scientific apparatus, business or store or ofiice furniture or fixtures, sculptures, frescoes, decorations, or property held on storage or for repair. Hazards not covered. This company will not be liable for loss by (a) theft; or (b) by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire; or (c) unless fire ensues (and in that event for the damage by fire only) by explosion of any kind or lightning; or (d) by invasion, insurrection, riot, civil war, or commotion, or (except as hereinafter provided) by militarj^ or usurped power, or order of any civil authority, but the company will be liable (unless otherwise pro- vided by indorsement hereon or added hereto) if the property is lost or damaged, by fire or otherwise, by civil authority or military' or usurped power exercised to prevent the spread of fire not originating from a cause excepted hereunder and which fire otherwise probably would have caused the loss of or damage to the insured property. Matters avoiding policy. This entire policy shall be void, (a) if the insured has concealed or misrepresented any material fact or circum- stances concerning this insurance or the subject thereof; or, (b) in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss. Unless otherwise provided by agreement indorsed hereon or added hereto, this entire policy shall "be void, (a) if the insured now has or Act 1670, § 1 GENERAL LAWS. 504 shall procure any other insurance, whether valid or not, on property covered in whole or in part by this policy, or (b) if the interest of the insured be other than unconditional and sole ownership, or (c) if the subject of insurance be a building on ground not owned by the insured in fee simple, or (d) if with the knowledge of the insured foreclosure proceedings be commenced or notice given of sale of any property cov- ered by this policy by virtue of any mortgage or trust deed, or (e) if this policy be assigned before a loss. Matters suspending insurance. Unless otherwise provided by agreement indorsed hereon or added hereto this company shall not be liable for loss or damage occurring (a) while the hazard be materially increased by any means within the control of the insured; or (b) if the subject of insurance be a manufacturing establishment, while it is operated in whole or in part at night later than 10 o'clock or while it ceases to be operated beyond the period of ten consecutive days; or (c) while mechanics or artisans are employed in building or altering or repairing the described premises for more than fifteen days at any one time; or (d) while illuminating gas or vapor be generated in the described build- ing (or adjacent thereto) for use therein; or (e) while there be kept, used or allowed on the described premises (any usage or custom of trade or manufacture to the contrary notwithstanding) calcium carbide, phos- phorus, dynamite, nitroglycerine, fireworks or other explosives; or ex- ceeding one quart each of benzine, gasoline, naphtha or ether; or more than twenty-five pounds of gunpowder; or (f) while a building herein described whether intended for occupation by owner or tenant is vacant or unoccupied beyond the period of ten (10) consecutive days; (g) while the interest in, title to or possession of the subject of insurance is changed excepting: — (1) by the death of the insured; (2) a change of occupancy of building without material increase of hazard; and (3) transfer by one or more several copartners or co-owners to the others. Such suspension shall not extend the term of this policy nor create any right for refund of the whole or any portion of premium, nor affect the respective rights of cancellation. Chattel mortgage. Unless otherwise provided by agreement in writing indorsed hereon or added hereto this company shall not be liable for loss or damage to any property insured heretnder while encumbered by a chattel mortgage, but the liability of the company upon other prop- erty hereby insured shall not be affected by such chattel mortgage. Fallen building clause. Unless otherwise provided by agreement indorsed hereon or added hereto, if a building or any material part thereof fall, except as the result of fire, all insurance by this policy on such building ^r its contents shall immediately cease. Removal when endangered hy -fire. Should any of said property be nec- essarily removed because of danger from fire, and there is no other insur- ance thereon, that part of this policy in excess of the value of the insured property remaining in the original location, or, if there is other insurance thereon, that part of this policy in excess of its proportion of the value of the insured property remaining in the original location, 605 INSURANCE. Act 1670, § 1 shall, for the ensuing five days only, cover said removed property in its new location or locations. Cancellation. This policy shall be canceled at any time at the request of the insured, in which case the company shall, upon surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time. This policy may be canceled at any time, without tender of unearned portion of premium, by the company by giving five (5) days' written notice of cancellation to the insured and to any mortgagee or other party to whom, with the written consent of the company, this policy is made payable, in which case the company shall, upon surrender of the policy or relinquishment of liability there- under, refund the excess of paid premium above the pro rata premium for the expired time. Duty of insured in case of loss. "When a loss occurs the insured must give to this company written notice thereof without unnecessary delay; and shall protect the property from further damage; forthwith separate the damaged and undamaged personal property and put it in the best possible order; and without unnecessary delay make a complete inven- tory stating as far as possible the quantity and cost of each article, and the amount claimed thereon. Within sixty daj's after the commencement of the fire the insured shall render to the company at its main office in California named herein preliminary proof of loss consisting of a written statement signed and sworn to by him setting forth: — (a) his knowledge and belief as to the origin of the fire; (b) the interest of the insured and of all others in the property; (c) the cash value of the different articles or properties and the amount of loss thereon; (d) all encumbrances thereon; (e) all other insurance, whether valid or not, covering any of said articles or properties; (f) a copy of the descriptions and schedules in all other policies unless similar to this policy, and in that event, a statement as to the amounts for which the different articles or properties are insured in each of the other policies; (g) any changes of title, use, occupation, location or possession of said property since the issuance of this policy; (h) by whom and for what purpose any building herein described, and the several parts thereof, were occupied at the time of the fire. If the company claims that the preliminary proof of loss is defective and within five days after the receipt thereof (without admitting the amount of loss or any part thereof) notifies in writing the insured, or the party making such proof of loss, of the alleged defects (specifically staling them) and requests that they be remedied by verified amend- ments the insured or such party within ten days after the receipt of such notification and request must comply therewith, or, if unable so to do, present to the com])any an affidavit to that effect. The insured shall also furnish, if required, as far as it is practicable to obtain the same, verified plans and specifications of any buildings, fixtures or machinery destroyed or damaged; and the insured shall ex- hibit to any person designated in writing by this company all that remains of any property herein described and shall submit to examina- Act 1670, § 1 GENERAL LAWS. 506 tion under oath, as often as required, by any such person, and subscribe to the testimony so given and shall produce to such person for examina- tion all books of account, bills, invoices and other vouchers, and permit extracts and copies thereof to be made, and in case the originals are lost certified copies, if obtainable, shall be produced. Ascertainment of amount of loss. This company shall be deemed to have assented to the amount of the loss claimed by the insured in his pre- liminary proof of loss, unless within twenty days after the receipt thereof, or, if verified amendments have been requested, within twenty days after their receipt, or within twenty days after the receipt of an affidavit that the insured is unable to furnish such amendments, the company shall notify the insured in writing of its partial or total dis- agreement with the amount of loss claimed by him and shall also notify him in writing of the amount of loss, if any, the company admits on each of the different articles or properties set forth in the preliminary proof or amendments thereto. If the insured and this company fail to agree, in whole or in part, as to the amount of loss within ten days after such notification, this com- pany shall forthwith demand in writing an appraisement of the loss or part of loss as to which there is a disagreement and shall name a com- petent and disinterested appraiser, and the insured within five days after receipt of such demand and name, shall appoint a competent and disinterested appraiser and notify the company thereof in writing, and the two so chosen shall before commencing the appraisement, select a competent and disinterested umpire. The appraisers together shall estimate and appraise the loss or part of loss as to which there is a disagreement, stating separately the sound value and damage, and if they fail to agree they shall submit their differences to the umpire, and the award in writing duly verified of any two shall determine the amount or amounts of such loss. The parties to the appraisement shall pay the appraisers respectively appointed by them and shall bear equally the expense of the appraise- ment and the charges of the umpire. If for any reason not attributable to the insured, or to the appraiser appointed by him, an appraisement is not had and completed within ninety days after said preliminary proof of loss is received by this com- pany, the insured is not to be prejudiced by the failure to make an appraisement, and may prove the amount of his loss in an action brought without such appraisement. Options of company in case of loss. This company may, at its option, take all or any part of the property for which insurance hereunder is claimed at its ascertained or appraised value, and may also, at its option, in satisfaction of its liabilities hereunder, repair, rebuild or replace any building or structure or machine or machinery used therein, with other of like kind and quality, within a reasonable time, upon giving notice within twenty days of its intention so to do after the receipt by it of the preliminary proof of loss, or, if verified amendments have been requested, within twenty days after their receipt, or, within 507 INSURANCE. Act 1670, § 2 twenty days after the receipt of an affid.avit that the insured is unable to furnish such amendments. There can be no abandonment to this company of any property. Apportionment of loss. Tliis company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by, and expenses of, removal from the premises endangered by fire, than the amount hereby insured bears to the entire insurance covering such property whether valid or not, or by solvent or insolvent insurers. Loss' when payable. A loss hereunder shall be payable in thirty days after the amount thereof has been ascertained either by agreement or by appraisement; but if such ascertainment is not had or made within sixty days after the receipt by the company of the preliminary proof of loss, then the loss shall be payable in ninety days after such receipt. Nonwaiver hy appraisal or examination. This company shall not be held to have waived any provision or condition of this policy or any for- feiture thereof, by assenting to the amount of the loss or damage or by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for. Subrogation. If this company shall claim that the fire was caused by the act or neglect of any person or corporation, this company shall, on payment of the loss be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on re- ceiving such payment. Time for commencement of action. No suit or action on this policy for the recovery of any claim shall be sustained, until after full compliance b}^ the insured with all of the foregoing requirements, nor unless begun within fifteen months next after the commencement of the fire. Definitions. Wherever in this policy the word "insured" occurs, it shall be held to include the legal representatives of the insured in case of his death, and wherever the word "loss" occurs, it shall be deemed the equivalent of "loss or damage," and wherever the words "the time of loss or damage" are used they shall be deemed the equivalent of "the time of the commencement of the fire." What to be printed on outside fold of policy. §2. There shall be printed on the outside fold of said policy in type not smaller than small pica the following words in this form: EEAD THIS POLICY. Ins. Co. is liable only for actual cash value. Policy is void in case of any fraud, false swearing, misrepresentation or concealment about material facts. Policy is void, unless otherwise agreed in writing, if 1st. It is assigned before loss; 2nd. Insured has or shall procure other insurance; 3rd. Any change occurs in location of property; Act 1670, §§ 3-7 GENERAL LAWS. 503 4th. Insured building is on ground not owned in fee simple by in- sured; 5th. Insured is not sole and unconditional owner. Policy is suspended, unless otherwise agreed in writing, if 6th. Described building becomes vacant or unoccupied for ten days; 7th. Mechanics are employed more, than 15 days in repairing same; 8th. Property is or becomes encumbered by chattel mortgage; 9th. Illuminating gas or vapor is generated in or adjacent to de- scribed building; 10th. Explosives or prohibited quantities of gasoline, etc., are kept on premises. Insurance ceases if described building or any material part falls ex- cept as result of fire. Policy does not cover certain enumerated personal property. Note particularly duty of insured in case of loss; Also provisions avoiding or suspending policy, including changes of ownership or possession. Special agreement regarding appraisement. § 3. By special agreement indorsed on the policy or added thereto the provisions regarding appraisement or apportionment of loss may be waived and the valuations of all or any of the insured property in case of total loss may be agreed upon in advance of loss. Policy to be plainly printed. § 4. Said standard form of policy shall be plainly printed and no portion thereof shall be in type smaller than small pica and subheads shall be in type larger than pica, and the lines of the policy shall be numbered consecutively. County fire companies excepted. §5. This act shall not apply to any company organized under an act entitled "An act to provide for the organization and management of county fire insurance companies," approved April 1, 1897, or amend- ments to that act, but all other fire insurance policies on property in California shall be on said standard form, and, except as herein pro- vided, shall not contain additions thereto. No parts of the standard form shall be omitted therefrom. "What may be added to policy. § 6. The blanks in said standard form shall be appropriately filled. The company may add to the standard form any matter relating to its financial condition, directors, officers, stockholders and history, and the address of its home office and principal office in the United States; also in red ink any provisions respecting any limitation of liability of the company, its stockholders or members which it is required or per- mitted by the law of the state or country of its organization to insert in its policies. Clauses as to mortgagees. §7. Clauses may be added to the standard form providing for and defining the rights, duties and obligations of mortgagees, assignees and S09 INSURANCE. Act 1671 other parties who have acquired or may acquire an interest in, right to or lien upon the insured property. Earthquake clause may be ihserted, how. § 8. No clause shall be inserted or rider attached affecting the stand- ard form liability of the insurer for loss or damage by fire occasioned either directly or indirectly by earthquake, hurricane, volcanic action or other disturbance of nature, unless the same shall be printed in red ink in type larger than small pica and at the head of the policy there shall be printed in red ink in large bold faced type the words, "This policy contains limitations of liability not permitted in the California standard form." Other additional clauses. § 9. Clauses may be added to the standard form (a) covering prop- erty and risks not otherwise covered; (b) assuming greater liability than is otherwise imposed on the insurer; (c) granting insured permits and privileges not otherwise provided; (d) waivers of any of the mat- ters avoiding the policy or suspending the insurance; (e) waivers of any of the requirements imposed on the insured after loss. Separa*,o riders. § 10. Except as herein otherwise provide clauses may be attached to the standard form by separate riders in type larger than pica impos- ing f.^,ecified duties and obligations upon the insured and limiting the liabi/jty of the insurer. Insurers other than corporations. § 11. Any insurers, other than corporations, issuing policies on prop- erty in California, shall use the standard form, changing only such words as refer to the corporation or company or to officers or agents of the corporation or company, and in regard to its organization; and such other insurers may substitute in place of such words having peculiar reference to corporations, appropriate words having similar reference to themselves. Penalty for violation of act. § 12. Any insurer, or the agent countersigning or issuing a fire in- surance policy covering in whole or in part property in California vary- ing from the California standard form of policy except as herein pro- vided is guilty of a misdemeanor but any policy so issued shall not- withstanding be binding upon the company issuing the same. § 13. This act shall take effect and be in force from and after the first day of August, 1909. AiJT 1671. Ail act to extend the time for filing with the insurance commissioner statements of insurance business transacted during the year ending December 31, 1905, within tlie time prescribed by law, and to remit penalties for failing to file the same. [Approved June 14, 1906. Stats. 1906, p. 30.] Acts 1672-1680 GENERAL LAWS. 51 ACT 1672. An act providing for the organization and management of mutual fire g insurance companies. [Approved Marcj;^ 19, 1907. Stats. 1907, p. 631.] This act appears in full in Appendix, Civil C, 3/720; 6/738, 739. Act 2347, §§ 1-3 GENERAL LAWS. C50 Classes described. §1. All municipal corporatioBS within the state are hereby classified' as follows: Those having a population of more than two hundred thou- sand sliall constitute the first class; those having a population of more than one hundred thousand and not exceeding two hundred thousand shall constitute the first and one-half class; those having a population of more than thirty thousand and not exceeding one hundred thousand shall constitute 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 thousand and not exceeding fifteen thousand shall constitute the fourth class; those having a population of more than three thousand and not exceeding ten thousand shall constitute the fifth class; those having a population of not exceeding three thousand shall constitute the sixth class. [Amendment became a law under constitutional provision without governor's approval March 5, 1901. Stats. 1901, p. 94. In effect immediately.] Determination based on census. §2. The census taken under the direction of the Congress of the United States in the year eighteen hundred and eighty, and every ten years thereafter, shall be the basis upon which the respective popula- tions of said municipal corporations shall be determined, unless a direct enumeration of the inhabitants thereof be made, as in this act provided, in which case such direct enumeration shall constitute such basis. Question of reorganization. § 3. The council, board of trustees, or other legislative body of any municipal corporation, may at any time cause an enumeration of the inhabitants thereof to be made, and in such manner and under such regulations as such body may, by ordinance, direct. If upon such enum- eration it shall appear that such municipal corporation contains a sufficient number of inhabitants to entitle it to reorganize under a higher or lower class, the common 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, the question whether such city or town shall reorganize under the laws relating to municipal corporations of the class to which such city or town may belong. And thereupon such proceedings shall be had and election held, as provided in the general law for the reorganization, incorporation, and government of municipal corporations. If a majority of the votes cast at such election shall be in favor of such reorganization, thereafter such officers shall be elected as are, or may be, and 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 quali- fication of such officers, such corporation shall belong to such class. Whenever the result of such enumeration shall have been declared by the council, board of trustees, or other governing body, and entered in the minutes of such body, thereupon the number of such inhabitants so ascertained shall be deemed the number of the inhabitants of such city 651 MUNICIPAL CORPORATION BILL. Act 2348 for all the purposes of this act, and for the purposes of legislation affect- ing municipalities. The clerk of the council, board of trustees, or other governing body of such city shall cause a certified copy of such minute order to be filed with the board of supervisors of the county wherein such city is situated. [Amendment approved March 20, 1899. Stats. 1899, p. 141.] MUNICIPAL CORPORATION BILL. ACT 2348. An act to provide for the organization, incorporation, and government of municipal corporations. [Stats. 1883, p. 93.] Amonded 1885, pp. 127, 134; 1887, p. 12; 1889, pp. 371, 389; 1891. pp. 21, 28, 54, 55, 114, 233; 1893, p. 299; 1895, pp. 24, 159, 266; 1897, pp. 89, 175, 183, 196, 403; 1899, p. 98; 1901, pp. 12, 18, 70, 269, 293, 656; 1903, pp. 40, 93, 135, 336; 1905, pp. 16, 45, 72, 73, 88, 89, 408; 1907, p. 272; 1909, pp. 148, 420, 937. Citations. Cal. 66/656; 68/143; 69/151; 70/464; 71/208; 72/167, 169; 73/85, 86, 312, 313, 622; 74/23, 26; 76/95, 451; 79/354, 358; 85/51, 345. 346, 349, 595, 596; 87/231, 502, 504, 521, 522; 88/412, 431, 432; 89/523; 91/247; 92/613; 97/380; 98/429; 100/573, 575; 102/304; 103/6G5; 104/275, 518, 521; 106/501, 502; 107/97. 390, 400; 108/363; 109/319; 112/163, 331; 118/120, 403, 487; 120/393; 123/310, 460, 601; 124/97; 125/626; 126/229, 230, 231; 127/16; 129/603, 605, 606, 607; 131/502; 132/238; 135/452, 454, 502, 582; 137/584; 141/372, 373, 374, 375, 376, 377, 378, 379, 380, 397; 142/514,515,700; 143/566, 567, 569, 570,571,572,573; 144/13,14; 145/631, 633, 636, 640; 147/776, 778; 149/78; 151/177, 181, 477, 651; 153/41, 42, 43, 207, 709; 154/225, 226, 304. App. 1/631; 2/4S0, 431, 722, 761. 763; 3/483, 719, 721; 5/598; 6/738, 739; 7/385; 8/436, 437, 438, 439, 443, 498, 500. AT.TDT. 1885. Citations. Cal. 69/610. AMDT. 1889. Citations. Cal. 91/256; 95/112; 99/147;; 104/519, 523; 107/98, 465, 469; 113/304; 119/625,626; 121/103; 122/78; 126/280; 132/83; 136/146; 138/243, 244. AMDT. 1891. Citations. Cal. 118/121; 129/600; 153/207. AMDT. 1893. Citations. App. 1/68. AMDT. 1897. Citations. Cal. 136/148. AMDT. 1901. Citations. Cal. 153/207. AMDT. 1903. Citations. Cal. 150/189; 151/430. AMDT. 1905. Citations. Cal. 152/702, 703, 704, Act 2348 GENERAL LAWS. 652 SUMMAEY OF CONTENTS. Chapter T. Organization of Municipal Corporations, §§ 1-9. 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 Departments. S§ 40-107. IV. Executive Departments. §§ 118-204. V. Judicial Departments. §§213-246. VI. Educational Department. §§ 247-272. VII. Miscellaneous Provisions. §§ 286-288. Chapter III. Municipal Corporations of the Second Class, 30,000-100,000. §§ 300-426. Article I. General Powers. | 300. II. General Provisions Relating to OfTic(>rs. §§ 301-307. III. Legislative Department. §§ 319-3 59. IV. Executive Department. §§ 370-380. V. Judicial Department. §§ 390-403. VI. Educational Department. §§ 410-42 6. 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. §§501-509. III. Legislative Dei^artment. §§ 520-536. IV. Executive Department. §§ 550-553. V. Judicial Department. §§560-563. VI. School Department. §§ 570-579. VII. Miscellaneous Provisions. §§ 590, 591. Chapter V. Municipal Corporations of the Fourth Class, 10,000-15,000. §§ 600-719. Article I. General Powers. § 600. II. General Provisions Relating to Officers. §§ 601-611. III. Legislative Department. §§ 620-636. IV. Taxation. §§640-666. V. Executive Department. §§ 670-681. VI. Judicial Department. §§ 690-701. VII. School Department. §§ 710-719. 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. §§ 751-753. III. Legislative Department. §§ 760-778. IV. Executive Department. §§ 786-791. V. School Department. §§795-805. VI. Judicial Department. §§ 806-P08. VII. Miscellaneous Provisions. §§ 810-813. 653 MUNICIPAL CORPORATION BILL. Act 2348, §§ 1. 2 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. III. Legislative Department. §§858-875. IV. Executive Department. §§ 876-881. V. Judicial Department. §§ 882-884. VI. Miscellaneous Provisions. §§ 885, 886. CHAPTER I. Organization of Municipal Corporations. City or town may incorporate. § 1. Any portion of a county containing not less than five hundred inhabitants, and not incorporated as a municipal corporation, may become incorporated under the provisions of this act, and when so incorporated, shall have the powers conferred, or that may be hereafter conferred, by law, upon municipal corporations of the class to which the same may belong. Manner of proceeding in organizing a municipal corporation. § 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 corporation, and the affidavit of three qualified electors residing within the proposed limits, filed with the petition, shall be prima facie evidence of the requisite number of signers. The petition shall set forth and particu- larly describe the proposed boundaries of such corporation, and state the number of inhabitants therein, as nearly as may be, and shall pray that the same may be incorporated under 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 before the time at which the same is to be presented, in some newspaper printed and published in such countj', 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 exceeding two months in all, and on the final hearing, shall make such changes in the proposed boundaries as they may find to be proper and shall establish and define such bound- aries, and shall ascertain and determine how many inhabitants reside within such boundaries; provided, that any changes made by said board of supervisors shall not include any territory outside of the boundaries described in such petition. The boundaries so established by the board of supervisors shall be the boundaries of such municipal corporation until by action, authorized by law for the annexation of additional ter- ritory to, or the taking of territory from, said municipal corporation, such boundaries shall be changed; provided, whenever it shall appear to the board of supervisors that the boundaries of any municipal corpora- tion have been incorrectly described, the board shall direct the county surveyor to ascertain and report a description of the boundaries. The Act 2348, § 3 GENERAL LAWS. 654 board of supervisors shall, at their first regular 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 surveyor, with such modi- fications as they shall deem necessary, and the boundaries so established shall be the legal boundaries of said municipal corporation. They shall then give notice of an election to be held in such proposed corporation for the purpose of determining whether the same shall become incor- porated. Such notice shall particularly describe the boundaries so es- tablished, 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 newspaper printed and published within such boundaries, or posted for the same period in at least four public places therein. Such notice shall require the voters to cast ballots, which shall contain the words "For incorporation," or "Against incorporation," or words equivalent thereto, and also the names of persons voted for to fill the various elective munici- pal offices prescribed by law for municipal corporations of the class to which such proposed corporation will belong. [Amendment approved March 19, 1889. Stats. 1889, p. 371. In effect immediately.] Election, how conducted. § 3. Such elections shall be conducted in accordance with the general election laws of the state, and no person shall be entitled to vote thereat 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 elec- tion. The board of supervisors shall meet on the Monday next suc- ceeding 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 incorporation, 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 [s] receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. Said board shall cause a copy of such order, duly certi- fied, 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 entitled to enter immediately 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 or town, and until their successors are elected and qualified; and it shall not be necessary in any action, civil or criminal, to plead and prove the organization or existence of such corporation, and the courts shall take judicial cognizance thereof with- out proof. [Amendment approved March 19, 1889. Stats. 1889, p. 372. In effect immediately.] C55 MUNICIPAL CORPORATION BILL. Act 2348, § 4 ilow incorporated city or town may incorporate under this law, § i. The cominon council, board of trustees, or other legislative bofly of any city or county, city, or town, organized or incorporated prior to the first day of January, eighteen hundred and eighty, at twelve o'tdock, meridian, shall, upon receiving 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 therein, 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 municipal 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 pub- lication 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, including 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 notice. Such notice shall distinctly state the proposition to be so sub- mitted, and shall designate the class to which such corporation belongs, and shall invite the electors thereof to vote upon such proposition 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 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 at such election, the number of votes cast for reorganization, and the number of votes cast against reorganization. Said council, board, or other legislative body shall immediately thereafter call a special election for the election of the officers required by law to be elected in corporations of the class to which such city and county, city, or town shall belong, which election shall be held within six weeks thereafter. Such election shall be held in all respects in the manner prescribed, or that may hereafter be pre- scribed by law for municipal elections in corporations of such class, and shall be canvassed by the council, board, or other legislative body call- ing 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 organized 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 conferred, by law upon municipal corporations of the class to which the same may belong; and Act 2348, §§ 5-7 GENERAL LAWS. 656 the officers elected at such election shall be entitled immediately to en- ter upon the duties of their respective offices, upon qualifying in ac- cordance with law, and shall hold such offices, respectively, only until the next general municipal election to be held in such city and countyj city, or town, and until their successors are elected and qualified. Effect of reincorporation. §5. Any city and county, city, or town organized under the provisions of section 4 of this act shall, for all purposes, be deemed and taken to be in law the identical corporation theretofore incorporated and exist- ing; and such reorganization shall in no wise affect or impair the title to any property owned or held by such corporation, 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 there- tofore 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 pro- ceedings theretofore commenced shall, after such reorganization, be conducted in accordance with the provisions of such general laws. Duty of outgoing officers. § 6. As soon as the officers elected under the provisions of either sec- tion 3 or section 4 of this act shall have qualified in accordance with law, all persons, if any, then in possession of the offices of such cor- poration, shall immediately quit and surrender up the 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 corporation 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 administration 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 prop- erty to such corporation or such officers, by goo"d and sufficient deeds of conveyance, in trust for such public use. Boundary, how changed. § 7. The boundaries of any municipal corporatiou 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 election held therein, submit to the elec- tors of such corporation, and to the electors residing in the territory proposed by such petition to be annexed to such corporation, the ques- tion whether such territory shall be annexed to such corporation and 657 MUNICIPAL CORPORATION BILL. Act 2348, § 8 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 notice thereof by publication in a newspaper printed and published in such corporation, and also in a newspaper printed and published out- side of such corporation, and in the county in which such territory 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 designate specifically the bound- aries of the territory so proposed to be annexed; and the electors shall be invited thereby to vote upon such proposition, by placing upon their ballots the words "For 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 pro- posed to be annexed, which place or places shall be that or those usually used for that purpose within such territory, if any such there be. Such legislative body shall also appoint and designate in such notic^- 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 such territory so pro- posed 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 order 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 voting in such corporation, the number of votes cast in each for annexation and the number of votes cast in each against annexation. From and after the date of the filing of such abstract, such annexation shall be deemed complete, and thereafter such territory shall be and remain a part of such corporation; provided, that no property within such ter- ritory so annexed shall ever be taxed to pay any portion of any indebted- ness of such corporation, contracted prior to or existing at the date of such annexation. If the territory so proposed 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. § 8. Two or more contiguous municipal corporations may become con- solidated into one corporation 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 of such corporations, as shown by the votes cast at the last municipal elec- tion held in each of such corporations, submit to the electors of each of such corporations the question whether such corporations shall be- come consolidated into one corporation. Such legislative body shall designate a day upon which a special election shall be held in each of Gen. Laws — 42 Act 2348, § 8 GENERAL LAWS. 658 such corijorations to determine whether such consolidation shall be ef- fected, and shall give written notice thereof to the council, board of trustees, or other legislative body of each of the other of such corpora- tions, which notice shall designate the name of the proposed new cor- poration. It shall thereupon be the duty of such legislative body of each of the corporations so proposed 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 submitted, 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 consolida- tion," or "Against consolidation," or words equivalent thereto. The legislative bodies of each of such corporations shall meet in joint con- vention 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 corporations shall be canvassed separately; and if it shall ap- pear upon such canvass that a majority of the votes cast in each of such corporations shall be for consolidation, such joint convention, by an order 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 num- ber of votes cast in each for consolidation, and the number of votes cast in each against consolidation. Such abstract shall be recorded upon the minutes of the legislative body of each of such corporations; and immediately upon the record 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 abstract. Immediately after such filing, the legislative body of that one of such corporations having the greatest population, as shown by the last federal 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 corporations of the class to which such new corporation 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 prescribed, by law for municipal elections in corporations 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 corporations shall be deemed to be consolidated into one corporation, 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 conferred, by I 659 MUNICIPAL CORPORATION BILL. Act 2348, §§ 9-20 law upon municipal corporations of the class to which the same shall so belong; and the officers elected at such election shall be entitled im- mediately to enter upon the duties of their respective offices, upon quali- fying in accordance with law, and shall hold svieh 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. All the provisions of sections 5 and 6 of this act shall apply to such corporation and to the officers thereof; provided, that no prop- erty within either of the former 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. § 9. The city clerk of each municipal corporation and the city re- corder of each municipal corporation where there is no city clerk shall have the powers and shall perform the duties of a registrar within such municipality which are prescribed and required by the provisions of an act entitled, "An act for the registration of deaths, the issuance and registration of burial and disinterment permits, and the establish- ment of registration districts in counties, cities and counties, cities, and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coro- ners, physicians, undertakers, sextons and other persons in relation to saeh registration and fixing penalties for the violation of this act." [New section approved March 20, 1905. Stats. 1905, p. 408. In effect March 31st, 1905.] CHAPTER IT. Municipal Corporations of the First Class. (Cities having a population of more than 100,000.) Article I. — General Powers. First class. § 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 succession, 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, nmnbers, and tenns of officers. § 20. There shall be elected by the qualified voters of such city, or city and county, at the general 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, treasurer, county clerk, recorder, district attorney, city or city and county attorney, coroner, surveyor, superintendent of streets. Act 2348, §§ 21-24 GENERAL LAWS. 660 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 commence 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 41 of this chapter, and twelve assistant aldermen, who shall hold office as provided in section 43 of this chapter. What offices kept open. § 21. The mayor, 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, Thanks- giving, the twenty-second of February, and on any days during which a general election shall be held, between the hours of nine o'clock A. M. and five o'clock P. M. Manner of filling vacancies. § 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 the duties of such office until the next election, when the vacancy shall be filled by election for the unexpired term. All persons so appointed shall, before entering upon their duties, take the oath of office, and give bonds as required by law. What fees paid out of treasury. § 23. No fees or compensation to be paid out of the treasury, other than those expressly allowed in this chapter, shall be allowed or received by any officer of such city, or city and county, or of any district, or other subdivision thereof; nor shall any allowance or provision be made for them, or any of them, at the public expense beyond the fixed com- pensation herein provided under the name of office rent, fuel, lights, stationery, contingencies, extra services, or otherwise, except the com- pensation 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 official blanks may, at the discretion of the municipal council, be purchased and supplied for all the courts of such city, or city and county, its officers, municipal council, and other boards, and officers, the expense whereof, when the amount in each particular case shall have been previously authorized and fixed by the municipal council, may be paid out of the general fund, upon demand upon the treasury duly audited, as in this chapter provided. Bonds, how given. § 24. All officers of such city, or city and county, must, before they can enter upon their official duties, give a bond as required by law. The bonds and sureties of such officers must be approved by the president 661 MUNICIPAL CORPORATION BILL. Act 2348. §§ 25. 26 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 banker re- siding or doing business in such city, or city and county, nor any such banker's partner, clerk, emploj^ee, agent, attorney, father, or brother, 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, including 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, indorser, or security, or whether such prior obligation or liability be conditional or absolute, liquidated, or unliquidated, certain or contingent, due or to become due. All persons offered as sureties on official bonds must be examined on oath touching their qualifications. The official bond of the auditor 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 sureties of the mayor must be approved by the chairman 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 chair- man 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. Compensation. § 25. The compensation or salary of any officer provided for in this chapter shall not be increased or reduced after his election or during his term of office. Salaries. §26. The salaries of the officers, clerks, deputies, or employees of such city and county, except 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 thousand 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 bookkeeper, whose salary shall be two thousand four hundred dollars per annum; he may appoint twenty- dve deputies, each of whom shall receive a salary of one thousand six A<:t 2348, 5 26 GENERAL LAWS. 662 hundred dollars per annum, one of which said deputies shall be assigned to and perform the duties of assistant booklieeper; 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 thousand eight hundred dollars per annum; one matron, whose salary shall be nine hundred dollars per annum; one driver of prison wagon, whose salary shall be nine hundred dollars per annum. Auditor and deputies. 3. The salary of the auditor shall be four thousand dollars per annum; he may appoint one deputy, whose salary shall be twenty-four hundred dollars per annum; and two clerks at a salary of one thousand six hundred dollars per annum each. Treasurer and deputies. 4. The salary of the treasurer shall be four thousand dollars per an- num; he may appoint one chief deputy, whose salary shall be two thou- sand four hundred dollars per annum, and one deputy, whose 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 receive a salary of two thousand dollars per annum, and ten per- manent deputies, whose salary shall be one thousand six hundred dollars per annum each. Assessor, deputies, etc. 6. The salary of the assessor shall be four thousand dollars per annum; he may appoint one chief office deputy, one chief field deputy, and one head draughtsman, each of whom shall receive a salary of two thousand dollars per annum; an assistant draughtsman, who shall receive a salary of one thousand eight hundred dollars per annum; and eleven office depu- ties, each of whom shall receive a salary of one thousand eight hundred dollars per annum. He may also appoint such additional deputies as may be allowed by the municipal council, at salaries not to exceed five dollars per day each, for such time as they may be employed. Recorder, deputies, etc. 7. The salary of the recorder shall be three thousand dollars per annum; he may appoint one chief deputy, whose salary shall be two thousand four hundred dollars per annum, and two denuties, 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 the county clerk shall be four thousand dollars per annum; he may appoint deputies as follows: one chief deputy, whose 663 MUNICIPAL CORPORATION BILL. Act 2348, § 26 salary sliall be two thousand four hundred dollars per annum; twelve courtroom clerks, twelve registry clerks, each of whom shall receive a salary of one thousand eight hundred dollars per annum; twelve assistant registry clerks, each of whom shall receive a salary of one thousand five hundred dollars per annum; and twelve copyists, each of whom shall receive a salary of one thousand six hundred dollars per annum; and such county clerk, when the exigencies of his office 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 two 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 city and county, attorney shall be four thousand dollars per annum; he may appoint two assistants, who shall be attorneys of the supreme court of this state, each of whom shall re- ceive a salary of two thousand four hundred dollars per annum; and one coj-iyist, who shall receive a salary of nine hundred dollars per annum. Coroner and deputies. 11. The salary of the coroner shall be three thousand dollars per annum; he may appoint two deputies, 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 annum; and one messenger, to take charge of the dead-wagon, and perform such other duties as are required by the coroner or his deputies. The salary of the messenger shall be nine hundred dollars per annum. Superintendent of streets and deputies. 12. The salary of superintendent of streets shall be four thousand dollars per annum; he may appoint twenty deputies; three of said depu- ties 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 salary 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 annum; he may appoint as many deputies," not to Act 2348, § 27 GENERAL LAWS. 664 exceed four, as the municipal council shall from time to time determine are necessary, who shall receive such comprnsation as such municipal council shall provide, not to exceed the sum of five dollars per day when actually employed. Superintendeoit of schools. 14. The salary of the superintendent of schools shall be three thousand dollars per annum. Police judge. 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 dollars 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 annum; and each of the other justires 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 annum; his two deputies shall receive a salary of one thousand two hundred dollars per annum. Collector of liceaises. 19. The salary of the collector of licenses shall be three thousand dollars per annum. He may appoint one chief deputy, who shall receive one thousand eight hundred dollars per annum, and twelve deputies, who shall receive a salary of one thousand five hundred dollars per annum each. OfRcers not to be interested In contracts, etc. § 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 gov- ernment 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 department 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, pur- chase, 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 Buch officer, commissioner, or member of such board, except the official 665 MUNICIPAL CORPORATION BILL. Act 2348, §§ 28-40 salary or compensation of such officer, commissioner, or member of such board or department provided expressly by law, shall be deemed guilty of a felony,/and, on conviction by any court of competent jurisdiction, punished accordingly. Any commissioner, officer, clerk, or other person having custody of or access to any bids or proposals, whether scaled or otherwise, for supplying or furnishing any goods, provisions, subsistence, labor, material, printing, or other thing of any nature, or constructing, cleaning, repairing any work or thing, or doing or furnishing anything whatsoever to such city and county, or any department, board, commis- sioner, 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 thereof, or who shall aid, abet, assist, or permit another so to do, before or in advance of the time prescribed by law for the opening thereof, or any lawful postponement of such time, shall be deemed guilty of a felony, and, on conviction by any court of competent jurisdiction, shall be punished accordingly. Questions of difference, how settled. § 28. All questions of differences between the officers 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 ofBlcers. §29. The following officers, and the heads of the following de])art- ments 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 departments during the fiscal year ending .June thir- tieth previous thereto, embracing all their operations and expenditures: Auditor, assessor, tax collector, county clerk, superintendent of streets, fire department, hospital, almshouse, park commissioners, treasurer, sheriff, county recorder, city, or city and county surveyor, license collector, pub- lic schools, fire-alarm and police telegraph, poundkeeper, board of health, city or city and county attorney, industrial school, police, coroner, health officer, justices' court, city-hall commissioners, home for the care of the inebriate, board of election directors, commissioner of elections, house of correction, city cemetery, free public library, and the building com- mittee of the municipal council. Immediately after the first Monday in February, the mayor and municipal council shall make up and pub- lish an extract from these several reports and other sources, of the opera- tions, expenditures, and condition of all departments of government of such city, or city and county. Article IIT. — Legislative Department. Legislative power, how vested. §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 Act 2348, §§ 41-45 GENERAL LAWS. ' 666 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. § 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 com- mence on the first Monday after 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 full and which the short term shall be determined between the candidates so tied by lot. The aldermen shall receive each a salary of one thousand two hun- dred dollars a year, payable in monthly installments, out of the general fund. Secretary. §42. The board of aldermen shall appoint a secretary, with a salary not to exceed two hundred dollars a month, who sliall 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 docu- ments in his official custody, and shall perform any other services re- quired by the board. Assistant aldermen. § 43. The house of assistant aldermen shall consist of twelve persons, to be elected every two years, one each by the qualified electors of the respective 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. § 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 affirmations, 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. §45. Any vacancy occurring in either board shall be filled by the mayor; and the person apointcd to fill such vacancy shall hold office till the next election by the people, and until his successor is qualified. 667 MUNICIPAL CORPORATION BILL. Act 2318, §§ 46-49 Qualification. § 46. Every member of the board of aldermen 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. § 47. Every member of the house of assistant aldermen shall be a qualified voter, at least twenty-five years of ago, 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. §48. Every member of either branch of the municipal council shall, at all times during his incumbency of said office, possess the following qualifications: He shall not be, directly or indirectly, interested in any contract with such city, or city and county, or any department or insti- tution thereof. He shall not have been convicted of malfeasance in office, bribery, or other corrupt practices or crimes. Any member who fails to possess, or who shall at any time during his term of office cease to pos- sess, any of the qualifications mentioned in this act as a qualification shall thereby 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 absent himself from the state, or neglect to attend the meeting of the board or house to which he belongs, 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 pro- vided in other cases. Rules of houses of aldermen. § 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 mem- bers 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, except as herein provided. Each house shall keep a record of its acts, and allow the same to be published, 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 imprisonment as provided by ordinance, not exceeding 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 concurrence of two thirds of all the members elect, may expel a member. Aet234S, §§ 50-54 GENERAL LAWS. 668 Quorum, § 50. The house of assistant aldermen shall elect one of theif own number presiding officer of said house, who shall be designated as the "chairman" thereof. A majority of the members of either house shall constitute a quorum to do business; and no regulation, resolution, ordi- nance, or order of either house can pass without the concurrence 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 manner and under such penalties as the house or board may provide. Sessions shall be public. § 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. § 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 department thereof, or of either branch of the municipal council, in any capacity whatever; and no com- pensation shall be audited or paid for services as such officer or em- ployee; and no act, ordinance, or resolutions shall ever be passed whereby any member 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. § 53. No member of the municipal council, or of the board of educa- tion, or any officer of such city, or city and county, or of any ward thereof, shall have any power to contract any debt or liability whatsoever against such city,. or city and county, nor shall tlie people, or taxpayers, or any property therein, ever be liable to be assessed for or on account of any debt or liability hereafter contracted, or attempted to be con- tracted, in contravention of this chapter. Finance committee. § 54. The municipal council shall appoint a joint committee of five, three from the board of aldermen, and two from the house of assistant aldermen, to be denominated the "finance committee," which committee may at any time, and shall whenever required by the municipal council, or either laranch thereof, investigate the transactions and accounts of any and all officers appertaining to the government of such city, or city and county, having the collection, custody, or disbursement of public money, or having the power to approve, allow, or audit demands on the treasurer, and report thereon to the municipal council. Said committee 669 MUNICIPAL CORPORATION BILL. Act 234S, §§ 55-59 shall have full power to send for all persons and papers, and enter into, examine, inquire, and investigate all offices and places, to administer oaths and affirmations, to examine witnesses, and compel their attendance by subpoena and attachment for contempt, and the production of records, books, and pafiers, and may imprison in the city or county jail any per- son refusing to appear or testify, as well as any officer or person failing or refusing obedience to the orders to show records, papers, or books, 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 manner as upon courts of record. The mayor may be present and participate in such investigations. When municipal council shall meet. § 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. §56. No ordinance shall be passed except by bill, and no bill shall be so amended in its passage as to change its original object. No bill shall contain more than one subject, which shall be expressed 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 members voting for and against the same shall be entered on the journal. Bills may originate in either house, and no bill shall be passed by either house except by a majority vote of all the members elected or appointed to either house. Amendments, how concurred in. § 57. No amendments to bills by 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 committees 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. § 58. No ordinance shall be revived, re-enacted, or amended, by mere reference to its title, but such ordinance or section shall [be] set forth at length, as if it revived, re-enacted, or amended. Reconsideration. § 59. When a bill is put upon its final passage in either house, and failing to pass, a motion is made to reconsider the vote by which it was defeated, 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. Act 2348, §§ 60,61 GENERAL LAWS. 670 Signing bills. § 60. 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 presiding officer shall call the attentio\i 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 enrolled. If any member object that the bill is not the same in sub- stance and form as when considered and passed by the house, such objection shall be passed upon, and if sustained, the presiding 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. § 61. No general appropriation act or authorization shall ever be passed, but all appropriations shall be for the specific amount of the claim to be paid, and no more; and each ordinance or resolution authoriz- ing 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 improvement, the granting of any privilege, or involving the lease or appropriation of public property, or the expenditures of public moneys, except for sums less than five hun- dred dollars, or levying tax or assessment, and every ordinance or reso- lution 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 successive 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 effect, be presented to the mayor for his approval. If he approves, he shall sign it; if not, he shall return 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 shall become a law, notwithstanding the mayor's objections. Should any such ordinance or resolution 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 break 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, I 671 MUNICIPAL CORPORATION BILL. Act 2348. §§ 62-64 or aiding the same, a misdemeanor in office, and be cause for his removal. All ordinances authorizing the payment of any money out of the treas- ury, or any claim thereon, shall be referred to the appropriate standing committee of the house where the bill is introduced, who shall presout the same to the auditor, in order that he may certify that there is suf- ficient money in the proper fund out of which such claim can lawfully be paid, and that such appropriation can be made without violating the provisions of this chapter; and until the auditor certifies in writing, signed by his name, that there is sufficient money in the proper fund, and that the authorization can be made without violating the provisions of this chapter, no further proceedings shall be had with such bill. It shall be the duty of the auditor with reasonable promptness, to ascertain the facts, and to give the certificate v/hen the facts warrant him in doing so, and not otherwise. Powers. §62. The powers of the municipal council, and all other boards, com- missioners, and officers, are those specially named in this chapter, and they are prohibited from exercising any other. Enacting clause. § 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. § 64. The municipal council shall further have power by regulation or ordinance: Selling said leasing property. 1. To provide for the security, custody and administration of all property of such city, or city and county, and to purchase land required for municipal purposes without any power to sell or encumber 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 depart- ments, as they deem unsuited to the uses and purposes for which the same was designed, or so much worn and dilapidated as not to be worth re- pairing, 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, con- structing, repairing, or otherwise improving public streets and highways at the expense of the property benefited thereby, without any recourse in any event upon such city, or city and county, or the public treasury, for any portion of the expense of such work, 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 Act 2348, § 64 GENERAL LAWS, 673 duration; nor shall any contract to pay more for gas or othor 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 necessary. In case water is supplied to such city, or city and county, for municipal purposes, any person, 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 necessary, 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 con- tract with such person, corporation, or association for water so as to vary from the, rates fixed by law. To regulate markets. 5. To regulate market-houses and market-places. Regulating public grounds. 6. To provide for inclosing, improving, and regulating all public grounds of such city, or city and county. Establish fire limits, etc, 7. To prohibit the erection of wooden buildings or structures within any fixed limits where the streets have been established and graded, or ordered to be graded, or to restrict and limit the height of such buildings or structures; to regulate the sale, storage, and use of gunpowder, and to restrict the limits within which may be manufactured or kept giant- powder, dynamite, nitroglycerine, or other explosive or combustible ma- terials and substances, and the maintenance of acid works; and make all useful regulations in relation to the manufacture, storage, and trans- portation of all such substances, and the maintenance of acid works, slaughter-houses, brick-burning, tanneries, and all other manufactures and works of every description that 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 necessary regulations for protection against fire, as well as such rules and regula- tions concerning the erection and use of buildings as may be necessary for the safety of the inhabitants. 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 purpose of excavating 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 afore- said, and no longer. Fix penalties, 9. To determine the fines, forfeitures, and penalties that shall be in- curred for the breach of regulations established by tlhe said municipal 673 MUNICIPAL CORPORATION BILL. Act 2348, §64 council, and also for a violation, of the provisions of this chapter, where no penalty is allixecl thereto or provided by law; but no penalty to be imposed shall exceed the amount of one thousand dollars, or six months' imprisonment, or both. And every violation of any lawful order or regulation, or ordinances of the municipal council, is hereby declared a misdemeanor or public offense, and all prosecutions for the same ehall be in the name of the people of the state of California, Emplojnnent 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 discharge the duties of his office, and to make the necessary appropria- tion therefor; and to audit and pay for the necessary expenses of main- taining the morgue and offices attached, such sum as may be necessary, not to exceed seventy-five dollars per month, out of the general itrncl. Regulate home of inebriate. 12. To maintain and regulate a home of the inebriate, in its discretion. City prison, 13. To provide and maintain a city prison. Improve cemeteries. 14. To maintain and improve the city cemeteries, and to pay out of the general fund a keeper thereof, to be appointed by the board of health, at a salary not to exceed one hundred dollars a month. Grant licenses. 15. To license and regulate hackney carriages and other public pas- senger vehicles, and to fix the rates to be charged for the transportation of persons, baggage, goods, merchandise, and property, or either, thereon; and to license and regulate all vehicles used for the conveyance of mer- chandise, earth, and ballast, or either; and also to license and regulate persons and parties employed in conveying baggage, property, and mer- chandise, or either, to or from any of the wharves, slips, bulkheads, or railroad stations 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, puqjoses; to provide for the summary removal and disposition of any or all vehicles found in the streets, highways, and public squares during certain hours of the day or night, to be designated by the council; and, in addition to all other remedies, to provide by regulation for the sale or other disposition of such vehicles; to protect the public from injury by runaways, by pun- Gen. Laws — 43 Act 2348, § 64 GENERAL LAWS. 674 ishing persons who negligently leave horses or carriages in the street; to prescribe the width of the tires of all drays, trucks, and carts, in accord- ance 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 intelli- gence offices, prescribe the method of conducting said business, and to enforce, by fines and penalties, the payment of the license, and by any violation of the regulation touching said business. To license and regu- late pawnbrokers, and to enact regulations to protect the public in deal- ing 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 or surveys for buildings or other purposes, and to provide for a sufficient corps of deputy 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 tlieir fees are not other- wise fixed by law, and compel the payment of all such fees and charges into the city and county treasury into the proper fund, in accordance with the provisions of this act. Enforce collection of certain moneys. 18. To license and regulate, for the purposes of city, or city and county, revenue, all such callings, 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 enforce, with penalties, or otherwise, the col- lection and due payment into the city, or city and county, treasury of all moneys so due or raised, and to make 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 ex- ceed three thousand dollars in any year, for the celebration in such city, or city and county, of the anniversary of our national 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 prosecution of the claims of such city, or city and county, to any land or other property or right claimed by such municipality. 675 MUNICIPAL CORPORATION BILL. Act 2348, § 64 Appoint weigher of coal. 23. To provide for the appointment by the mayor 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 abatement of nuisances; to make all regulations which may be necessary or expedient for the preser- vation of the public health and the prevention of contagious diseases; to provide fines and penalties against individuals who may be 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 obstructions 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. 23. To prohibit, suppress, regulate, or exclude from certain limits all houses of ill-fame, prostitution, and gaming; to prohibit, suppress, regu- late, or exclude from certain limits all occupations, houses, places, pas- times, amusements, exhibitions, and practices which are against good morals, contrary to public order and decency, or dangerous to the public safety. Eegulate manner of street work. 26. To require, by ordinance, all contractors for street work, or other persons lawfully undertaking to improve, grade, or alter streets or pub- lic highways, to erect fences or barriers, to keep lights at night, and to take other necessary precautions to protect the public from damage, loss, or accident by reason of such grading, alteration, or improvement, and to fix and prescribe penalties for the violation of the provisions of such ordinance. Safekeeping of lost property. 27. To provide for the safekeeping and disposition of lost, stolen, or un- claimed property of every kind, which may at any time be in the pos- session 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 demonstra- tions and processions which interfere with public traffic. Regulation of fire department. 29. To appoint a fire marshal. Such appointment shall be made on the nomination of the board of fire underwriters of such city, or city and county, if such board shall exist therein. If more than one such board shall exist therein, then upon the nomination of the board which Act 2348, § 64 GENERAL LAWS. 676 shall have been longest organized. His salary shall be fixed and paid by such board of fire underwriters. Such fire marshal shall, before en- tering upon the office, take and subscribe the oath of office, 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 person 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 clerk. 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 direct, when in his opinion it shall be necessary, the removal of goods, merchandise, and other property to a place of safety. He shall be authorized and empow- ered to exercise 'the functions of a peace officer of such city, or city and county. Any person who shall willfully hinder or obstruct said of- ficer 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 shall 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 subpoenas and administer oaths, and compel the attendance of witnesses before him by attachment or other- wise. All subpoenas issued by him shall be in such form as he may pre- scribe, and shall be directed to and served by any police officer, 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 prosecutions in all cases in which there appears to him to be a reasonable and probable cause for believing that a fire has been caused by design. It shall be the duty of such fire marshal to aid in the enforcement of the fire ordi- nances of such city, or city and county, and for this purpose he is duly authorized to visit and exam.ine all buildings in process of erection or undergoing repairs, and to institute prosecutions for all violations of the ordinances 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 conferred 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 pre- vention of fires. He shall have the power to appoint a deputy, who may exei'cise all the powers and perform all the duties of such marshal. The 677 MUNICIPAL CORPORATION BILL. Act 2348, § 64 salary of such deputy shall be paid in the same manner as the fire mar- shal. Any person Avho saves from fire, or from a building endangered 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 tliereof, shall be deemed guilty of grand or petit larceny, as the case may be, according to the value of said property; and any person who shall be guilty of false swearing in any investigation under this subdi- vision shall be deemed guilty of perjury, and, upon conviction thereof, shall be punished therefor as in other cases of perjury. Such fire mar- shal may be removed at any time by the same power or powers that ap- pointed him. And in case of the removal, resignation, or death of such fire marshal, his successor shall be appointed in the same manner as hereinbefore provided. Such fixe marshal is hereby authorized and em- powered to appoint one or more persons, during the 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 per- sons so appointed shall have, duriug such period, 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 persons shall weai-, while in the discharge of his duty, conspicuously dis])layed 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 property; 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 county. 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 possession, saved from a fire or fires, for which no owner can be found, after ad- vertising 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 appear 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 deducting all expenses, shall be by him de- posited with the treasurer of such city, or city and county, 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 deposited with the treasurer of such city, or city and county. Maintain fire-alarm. 30. To maintain a fire-alarm and police telegraph in such city, or city and county. Act 2348, § G4 GENERAL LAWS. 678 Eegulate driltins 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 paved, planked, or mxacadamized 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 therein and thereby the labor of all persons committed to the jail or house of correction of such city, or city and county, by the police courts and the superior courts; to prescribe rules of commitment and detention of prisoners, hours of labor, and all neces- sary^ rules, regulations, and restrictions for the proper operation of said institution. All prisoners sentenced to a term in the county jail, or house of correction, shall be deemed to have been sentenced to labor dur- ing such term. The judges of police courts and of the superior courts in such ci'ty or city and county, may sentence criminals to the house of cor- rection when, in the judgment 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 pers'on shall be sentenced to imprison- ment 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 sen- tenced 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, imprisonment 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 fact of a previous conviction may be found by the court upon evidence introduced at the time of sentence. The board of aldermen of the city, or city and county, shall appoint a competent superintendent of the house of correction of such city and county, who shall also be treasurer of said house of correction, and who shall give good and sufficient bonds, in a sum, and with sureties, to be approved by said board of aldermen, for the faithful 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 removed 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 au- thorized by said board of aldermen, appoint, subject to the approval 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 interests of the institution: see that its affairs are conducted in accordance with the 679 MUNICIPAL CORPORATION BILL. Act 2348, § 64 requirements of tins chapter and of such by-laws as the board of alder- men may from time to time adopt for the orderly and economical man- agement 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 all respects, upon said super- intendent, olEcers, 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 institution. The superintendent shall reside at the house of correction, have charge of its inmates and property, 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 papicrs open to their inspection. Maintain an industrial school. 33. To maintain and regulate an industrial school for the detention, management, reformation, education, and maintenance of such children, under the age of eighteen years, as shall be committed 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 su- perior 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, detention and discharge of such children, and to designate and prescribe the causes, terms, and conditions thereof; and the said police court and superior court shall have power to adjudge that such persons so convicted shall be so imprisoned; and persons so convicted shall remain at said industrial 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 apprentices during their minority, to learn proper trades and employments. There shall be a superintendent of said in- dustrial school, to be appointed by the board of aldermen. He shall be deemed 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 expedient 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 mimner discharge such child upon the application, in writing, of the parents or guardian of such child, who shall not have been bound out or adopted, and after ten 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. Act 2348, § 64 GENERAL LAWS. 680 Maintain almshouse, etc. 34. To establish and maintain an almshonse, a city and county hospital, a smallpox hospital, and such other institutions of the same character 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 poundkeepers, who shall be paid for out of the fines imposed and collected of the owners of impounded animals, and from no other source. Improvement of waterfront. 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 waterfront, 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 dollars 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 property and life, and to enforce the same therein. Regulation of offices and departments. 41. To make needful rules and regulations for the administration, care, and maintenance and conduct of all departments and ofiices of such city, or city and county, when not otherwise in this chapter pro- vided 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 regulations, and to authorize the appoint- ment of such additional clerks, assistant deputies, and employees as in their judiiment may be necessary for the proper discharge of the duties of such offices and departments. General fund. 42. To appropriate the moneys derived from the revenue of such city, or city and county, to a general fund, and such funds as have 681 MUNICIPAL CORPORATION BILL. Act 2348, §64 been heretofore or shall be hereafter established by law, or the said council, and as shall be necessary for the proper and economical admin- istration of such city, or city and county. Free library. 43. To establish, maintain, and regulate free public librnrios and reading-rooms, and to perpetuate such free libraries and reading-rooms as may have been heretofore established in such cities, or cities and counties, heretofore incorporated. Law library. 44. To provide, fit up, and furnish, and provide with fuel, lights, stationery, and all necessary attendance, conveniences, and care, rooms convenient and accessible to the courts, sufficient for the use and accom- modation of a law library and those who have occasion to use it, and approved by the officers having the government of said library, 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 municipal 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 necessary therefor. Medical dispensary. 45. To establish and maintain a free medical dispensary, and to per- petuate any such heretofore 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 construction of buildings here- after to be constructed for such city, or city and county, or now in progress of construction therefor, and to appoint a secretary for such committee, and to fix his compensation, and, if necessary, also to ap- point a superintendent and architect therefor, fix their respective com- pensation, and require of such superintendent and architect to execute bonds, with two sureties, conditioned for the faithful performance 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 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 election, nor within twenty months after the same shall have been established or altered. Levy and collection of revenue. 48. To provide for the levy, collection, and appropriation of revenue heretofore by law provided to be collected for the erection and comple- Act 2348, §§ 65-67 GENERAL LAWS. 682 tion 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. § 65. The municipal council shall constitute a board of equalization for such city, or city and county, and as such shall have the powers con- ferred by the general laws regulating the assessment and collection of taxes, when not inconsistent with the provisions of this chapter. Definition of public streets. §66. All the streets, lairds, 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 67 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 ofhcially established; and for the purposes of this chapter the grade of all intermediate or intersecting streets, lanes, alleys, places, or courts in any one block shall conform bo the grades as established of the crossings of the main streets. Grading streets. §67. The municipal council is hereby authorized 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 repiled, capped or recapped, and to order sidewalks, sewers, cess-pools, manholes, cul- verts, curbing, and cross-walks to be constructed, and to order any streets and sewers cleaned, and to order any other work to be done which shall be necessary to make and complete the whole or any por- tion of said streets, lanes, alleys, places, or courts, and they may order any of the said work to be improved; and when any street, or por- tion of a street has been or shall hereafter be constructed to the satis- faction of the municipal council and the superintendent 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 improved by such city, or city and county, the expense 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 proper fund; provided, that the municipal council shall not accept of any portion of the street less than the entire width of the roadway (including the curbing and one block in length, or one entire crossing); and provided further, that 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 therein shall be deemed by them unnecessary; but the lots of land pre- G83 MUNICIPAL CORPORATION BILL. Act 2348, § 68 viously assessable for the cost of construction of a sewer or pipe shall still remain and be assessable for sueh 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 super- intendent 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. § 68, The municipal council may order work authorized by this chap- ter, 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 municipal council, has been published for the period of five days in the paper doing the print- ing 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 nonjudicial days excepted; pro- vided, that no such notice shall be given or order 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 resolu- tion, or which is to be made liable for such grading, except public prop- erty, shall have been represented by the owners thereof, or by their agents, in a petition to the said municipal council, stating that they are the owners and in possession or agents of the lots named in the petition, and also requesting that such improvements or street work shall be done. All owners of lands, or lots, or portions of lots, who may feel aggrieved, or have objection to the ordering of the work described in said notice, or who may have objection to any of the subsequent proceedings of the muni'cipal council in relation to the work mentioned in such notices of intention, or may have any objections to any of the acts of the super- intendent of streets, and the city, or city and county, surveyor of such city, or city and county, in the discharge of any of the obligations or duties imposed upon him or them by virtue of their offices, shail file with the clerk of either branch of the municipal council a petition or remon- strance, wherein they shall 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 described in said notices to be done unless all objections and protests, that may have been presented and filed as afore- said 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 of resolution or liable to be assessed for work, file with the clerk of either branch of the municipal council written objections against any grading described in said notice, at any time before the expiration of the publication of said notice of intention, Act 2348, § 69 GENERAL LAWS. 684 and the publication 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 intention 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 assessed therefor as aforesaid, shall petition anew 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 chapter; and it is further provided, that where any public street shall have been graded, or graded nnd macadamized, or graded and paved, for the distance of one or two blocks 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 recommendation of the super- intendent 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 por- tions of said streets to be graded or improved shall, within the time prescribed in said notice, file written objections 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 sidewalks, the municipal council shall duly consider said objections 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, sidewalking, or sewering of any one street, lying between two main street-crossings, has been alreacly performed, the municipal council may order the re- mainder of such grading, planking, macadamizing, paving, sidewalking, or sewering to be done, notwithstanding the objections of any or all of the property owners. Manner of compelling certain street work to be done. § 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 06 of this act, or their duly authorized agents, may petition the said municipal council to order any of the work mentioned in section 67 of this act to be done; and the said board may order the work mentioned in said petition to be done, after notice of their intention so to do has been published as provided in section 68 of this act. No order or per- mission 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 nor portions of lots in front of which 685 MUNICIPAL CORPORATION BILL. Act 2348, §§ 70, 71 such work has been or may be done hereafter, nor the owners thereof, shall be exempt 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. May be transmitted. § 70. 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 superintendent of streets of such citj^ or city and county, a copy of the resolution, order or ordinance authorizing the said street work. The said surveyor shall thereupon, within fifteen days from the completion of the publication mentioned in the last section, transmit to said municipal council a map of the district to be benefited by said street improvement; which map shall show the relative location of each lot to the work proposed to be done, and be signed by said surveyor. The superintendent of streets shall also thereupon, within fifteen 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. § 71. The municipal council shall, at the first meeting after the receipt of such map and estimate, or as soon as may be practicable, either adopt, modify, or reject the same, and after its final action upon said map and estimate, the same shall be transmitted to said superintendent of streets, who shall record the same in a book 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 for five days (nonjudicial daj-s 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 into, until after the moneys sufficient for the payment 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 pro- vided; which notice shall substantially contain the plans and specifica- tions 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 posted and published, as the law may re- quire, by said clerk, as a matter of course, and without any special direction or authority from said municipal council. The said super- intendent 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 proposals shall be delivered to the clerk of either branch of the municipal council, and Alt 2348, §71 GENERAL LAWS. 686 the house of which he is the clerk shall, in open session, open, examine, and publicly declare the same; and all proposals 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 municipal council shall direct the clerk of either house thereof to again post said notice, and publish the same as in the first instance. All pro- posals shall be accompanied with a bond to such city, or city 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, conditioned that the party making such proposal shall, or will, within ten days after notice from said superintendent that the moneys for the cost and ex- penses for such work have been paid into the treasury, enter into a contract with such city, or city and county, in pursuance of such pro- posal, and to commence such work within five days after 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 ex- tended time; it is further provided, that all persons proposing, owners included, who shall fail to enter into any contract as herein provided, 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 work 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 assessed for said work, or their agents, and who shall 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 hereinafter provided; and they shall commence said work within five days after the execution of such contract, and shall prosecute it dili- gently and continuously, and complete it within the time limited in the contract, or within any extended time; but should the said contractor, or the property owners, fail to prosecute the same diligently or con- tinuously, in the judgment of said superintendent, or complete 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 the municipal council, who shall immediately order the clerk of either branch of the inunicipal 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 637 MUNICIPAL CORPORATION BILL. Act 2348, §§ 72, 73 than one thousand dollars, and in such additional aiuount as may be fixed by said superintendent, conditioned for the faithful performance of said contract; and said sureties shall justify in d()ul)le the amount of the penalty fixed in said bond; such sureties to justify before said superintendent or his deputy, and the qualifications and responsibility of such sureties shall be the same as prescribed for sureties on the official bonds of the officers of such city, or city and county; and it is further provided that in case of the nonfulfillment 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 mentioned, in any court of competent jurisdiction, and pay the same into the city and county treasury, to the credit of the proper fund. Assessment. * §72. After the proposal shall have been received and considered by the municipal council, the superintendent of streets sliall make an assess- ment 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 assessment, the name of the owner of each lot, or portion 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 owner shall not render such assessment illegal), and the amount assessed thereon, the number of each lot, or portion of lot, assessed, and shall have attached thereto a diagram showing the assessment district, and the relative location of each lot assessed to the work proposed to be done, each lot being numbered in said assessment and diagram; and when completed, shall be signed by said superintend- ent, and transmitted to the board of aldermen. Notice of hearing objections to a-ssessment-roU. §73. At the first meeting of the board of aldermen, after the receipt by it of the assessment made by said superintendent, as soon thereafter as may be practicable, it shall cause notice of the time and place of the hearing of all objections to said assessment to be published for at least five days (Sundays and nonjudicial days excepted), prior to the time of such hearing, in two daily newspapers, one published as a morning edition 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 thereupon 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 Act 2348, §§ 74-76 GENERAL LAWS. 683 be known, and shall immediately after the record of said assessment, 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 nonjudicial days ex- cepted), in two newspapers of general circulation, one of which shall be publislied 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 collection; that if said assessment is not paid within fifteen days from the date of the last publication 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 description of the pronerty assessed, the amount assessed 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, § 74. On the day fixed for the sale, said tax collector, between the hours of 10 A. M. and 3 P. M., must commence the sale of the property advertised, upon which the assessment remains 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, together with two dollars to said tax collector 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 collector shall immediately proceed 'to sell such parcel or parcels again, in the same manner, for the amount of said assessment and costs. Duplicate certificate. § 75. After receiving the amount of the assessment 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 assessment was levied, the number of the assessment, that it was sold for an assessment, the amount thereof, that the same is subject to redemption 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 duplicates 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. § 76. Upon filing the said duplicate in the office of said recorder, the lien aforesaid is vested in the purchaser, and is only divested by pay- ment 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 fraction of a month up to date of redemption thereon. A redemption 639 MUNICIPAL CORPORATION BILL. Act 2346, §§ 77-79 of the property sold may be made by the owner, or any party in interest, within twelve months from the date of purchase. Deed to purchaser and conclusions of law. §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 assignee, a deed, reciting substantially the matters contained in the certificate, and that -no person redeemed 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 was sold at the proper time and place, and by the proper oflEicer. 4. That the person who executed the deed was the proper officer there- for. 5. That the title to the property therein described is vested in the purchaser, his heirs, or assigns, free from all encumbrances, except taxes for purposes of revenue. Payment into treasury by tax collector. § 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 assess- ment-roll, and shall receipt to the person paying the same therefor, wliich 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 pajonent into treasury. § 79. When the full amount of such assessment has been collected by said tax collector, the said collector shall certify to the superintendent 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 coun- cil, 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 ex- tended beyond sixty days after the time fixed in such specifications or contract for the completion of said work. Gen. Laws — 44 Act 2348, §§ 80-82 GENERAL LAWS. 690 Certificate to contractor and publication of notice. § 80. Whenever any contract shall have been completed to the satis- faction 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, having been completed to his satisfaction and acceptance, and that he has given to said contractor his certificate to that efi'ect. There- upon said board of aldermen 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 saicl work and improve- ment, and the contract therefor, have been completed to the satisfaction and acceptance of the superintendent of streets of such city, or city and county. Appeal of property owner. § 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 superintenJent of streets in relation to said work and improvement subsequent to the date of the execution of the contract therefor, shall, within five days from the first publication of said notice, appeal to said board of alder- men by briefly stating their objections in writing, and by filing the same with the clerk of said board. At the meeting of the board next ensuing after the exj)iration 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 objections 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 conspicuous public places in such city, or city and county, and published five days in two daily newspapers (one morning and one evening edition), at least five days before the time set for said hearing. 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 completed in all respects according to the contract therefor, they shall, by resolution, accept said work and improvement, and ratify and confirm all said acts of said superintendent of streets in relation thereto. Notice to superintendent of streets. § 82. If, upon such hearing, said board of aldermen shall determine, by personal inspection or otherwise, that said work and improvement 691 MUNICIPAL C0RP0KA;;0N BILL. Act 2348, §§ 83, 84 have not been performed according to the contract therefor, then they shall notify the said superintendent of streets to that effect, specifying in said notice to him the particulars in which said contract has not been performed. And said superintendent of streets shall thereupon at once cause said contractor to complete said work and improvement under 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 improvement have been completed in all respects according to the terms of the contract therefor, they shall, by resolution, accept such work and improvement. All acts and determina- tions of said board of aldermen upon appeals, under the provisions of this and the next preceding section, shall be final and conclusive upon all persons entitled to an appeal thereunder. Payment to contractor. § 83. Whenever any work or improvement shall have been so com- pleted upon any street, lane, alley, court, or place in such city, or city and count}', for the payment of costs and expenses of which an assess- ment 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 enti- tled 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 furnished 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 performed or materials furnished; and at the expiration 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 accordance 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 order therefor of said contractor, indorsed by the claimant entitled thereto, or upon the order therefor of any court of competent jurisdiction. Repayment of moneys, § 84. And when all moneys required to be paid by the said treasurer, under the last preceding section, shall have been by him paid, as re- quired in said section, if there is any money remaining 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 hoard to empower and direct said treasurer to distribute and repay such remaining moneys, and in the proportion of the amounts of the original assessments, to the persons by or for whom said original assessments were paid, or to their legal representatives. And it Bhall Act 2348, §§ 85-87 GENERAL LAWS. 692 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. And in no case shall a contractor 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 recover or receive any compensation whatever under said contract. Kind of labor on accepted streets. § 85. No contract to do any work upon any accepted streets, other than cleaning streets and sewers, shall be let, but such work 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 lowest bidder oifering 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, sewer, etc. § 86. In case of urgent necessity, the superintendent of streets may, and it shall be his duty to, repair any of the unaccepted public streets, sewers, or crossings cornering thereon; and the 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 work 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 in 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. § 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 con- struction, excavation, or embankment, 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 afore- 693 MUNICIPAL CORPORATION BILL. Act 2348, §§ 88-90 said, or by reason of any excavation or embankment in or of the same, or by falling from or upon such embankment 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, embank- ment, or grading aforesaid, and also the officer or officers through whose official neglect such defect remained unrepaired, or said excavation or embankment remained unguarded as aforesaid, shall be jointly and sev- erally liable to the person or persons injured for the damages sustained. Improvement of streets by property owners. § 88. The superintendent of streets may require, at his option, by notice in writing, to be delivered to them personally cr left on the prem- ises, the owners, tenants, or occupants of lots or portions of lots liable to be assessed for work done under the provisions of this chapter, to improve forthwith any of the work mentioned in section 67 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 maj^ require, or to remove all filth, sand, earth, or dirt from the street in front of the prem- ises; and, by a like notice, 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 author- ities to cause the moneys necessary for the doing of such work to bo 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. § 89. Notices in writing, which are required to be given by the super- intendent of streets, under the provisions of this chapter, may be served by any police officer, or by any male citizen over the age of tv/enty-one years, and the fact of such service shall be verified by the oath of the person making it, taken before the superintendent (who is hereby author- ized to ndminister oaths), or any other person authorized to administer oaths. The superintendent of streets shall keep a record of the fact of giving such notices and proof of service, and shall keep the original proof thereof. Levy of taxes. § 80. 1. On or before the fourth Monday of July, annually, the municipal council of such city, or city and county, shall levy tlie 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 payment of all demands upon the treasury authorized by law to be paid out of Act 2348, §90 GENERAL LAWS. 694 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 dollar upon each one hundred dol- lars valuation of the property assessed; provided further, that the said municipal council shall, in making 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 corporation debt fund, general fund, school fund, street-light fund, street-department fund, or other fund provided for by law or by the said council, according to the estimate of said council of the necessities 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 fur- ther, that the said municipal council shall authorize the disbursement of said money for the purposes hereafter mentioned; and at the close of each fiscal year the said council shall direct the treasurer to transfer all surplus moneys of all funds, excepting the school fund, after liquidat- ing 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, until 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 extinguish- ment 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. 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 otherwise provided for in this chapter. School fund. 4. The school fund shall be applied and used for the 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 laTups and posts, in pursuance of any existing or future legal contract of such city and county. Street-department fund. 6. 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; 695 MUNICIPAL CORPORATION BILL. Act 2348, §§ 91-93 and for the expense of improvements of streets in front of school lots; for all street work in front of or assessable upon property belonging to such city and county; for all street work on the -waterfront 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 super- intendent of streets, as immediately essential for the safety of life, limb, or property, or necessary for public health, or which caniiot be by law assessed upon private property, and for such other objects relating to streets and highways as shall be directed by law or said council to be paid therefrom. All moneys received from licenses on vehicles, from the income from street railroads, from fines and penalties for violation of any law or ordinance regulating vehicles on the public streets, shall be paid into the street-department fund. No payment of public funds unless authorized by law, §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 speciiRcally authorized by law, nor unless the demand which is paid be duly audited, as in this chapter provided, 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, oflficer, company, or corporation, in any manner indebted thereto without first deducting the amount of such indebtedness, nor to any person or officer having the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, ap- proved, and allowed, as required by law; nor in favor of any officer 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 regulations 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 committee 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 office, 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." §92. The terra "audited," as used in this chapter with reference to demands upon the treasury, is to be understood [as] their having been presented 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. § 93. Every demand upon the treasury, except 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. Act 2348, §§ 94, 95 GENERAL LAWS. 696 to be alicwed, who shall satisfy himself 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 upon it the word "Allowed," with the 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 auditor, 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 law payable out of the treasury or fund to be charged therewith, 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. §94. The demand 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, allowances, or compensa- tions 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 allowed by the auditor, or paid, be previously approved by the board of education, or by the president thereof, and superintendent of schools, acting under express authorization of said board. Demands for teachers' wages, or other expenses appertaining to any school, can- not 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 current fiscal year. x\]l other lawful demands payable out of the treasury, or any public funds of such city, or city and county, and not hereinbefore 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 municipal council, except, if the demand be under two hundred dollars, by the mayor and two members of the board of alder- men, appointed by the said board for that purpose, with power to act under and subject to its instructions and regulations during recess of the said board. The auditor must number and keep a record of all de- mands on the treasury allowed by him, showing the number, date, amount, and name of the original and present holder, on what account allowed, out of what fund payable, and, if previously approved, by what officer, officers, or board it has been so approved; 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. §95. The mayor, mayor's clerk, auditor, auditor's clerk, chief of police, police commissioners, president of the board of education, each member of the municipal council, and every other officer required by law or ordinance to allow, audit, or certify demands upon the treasury, or 607 MUNICIPAL CORPORATION BILL. Act 2348, §§ 96-98 to perform any other oiScial act or function, shall have power to admin- ister oaths and afifirmations, and take and hear testimony, concerning any matter or thing concerning any demand upon the treasury, or other- wise relating to their otiicial duties. 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 certi- fied, 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. § 96. Every lawful demand upon the treasury, 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 belonging to the fund out of which it is paj-able; but if there be not sufficient money belonging to said fund to pay such demand, then it shall be registered in a book to be kept 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 returned to the party presenting it, with an indorsement of the word "Kegistered," dated and signed by the treasurer. Investigation of nonpayment of audited demands. §97. Whenever any audited demand has been presented to the treas- urer and not paid, and it be made known to the president of the board of aldermen, he shall proceed immediately to investigate the cause for such nonpayment, 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 fraudulent approval or allowance to be sus- pended 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 payment, he refuses to apply thereto, he shall proceed against him as a defaulter. If it be ascertained 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 collected 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. §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 Act 2348, §§ 99-101 GENERAL LAWS. 69S treasury for disbursement, shall give receipt for all moneys by tliem received, which receipt shall be presented to and countersigned by the auditor. The auditor, before countersigning any such receipt, shall num- ber it and make an entry in a book of record to be kept in his office for that purpose, of the number, date, and amount, by whom and in whose favor given, and on what account. No such receipt shall be valid as evidence in favor of the person or officer receiving it till presented 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 the 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. Remedy against auditor and other officers. § 99. If any person feel aggrieved by the decision 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 refusal 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 demand, it shall afterwards be presented to the auditor, and entered in the proper book, in like manner as other demands allowed by him, and an indorsement must be made of its having been so entered before it can be paid; but nothing herein contained shall be construed to bar the party presenting the claim from prosecuting the same in any court of competent jurisdiction; provided, that from the decision of the presi- dent 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 snail be final; but nothing herein contained shall be construed to bar the party presenting the claim from prosecuting the same in any court of compe- tent jurisdiction. Opinion of city attorney. § 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 obtained 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. Examination of books of treasurer and other officers. § 101. The president of the board of aldermen, 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 books of the treas- urer and other officers of such city, or city and county, having the col- lection 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 G99 MUNICIPAL COnrORATION BILL. Act 2348, §§ 102, 103 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 examination of books, count said money, and report the result to the municipal council. If they ascer- tain clearly that such treasurer, or other officer, is a defaulter, they shall forthwith take possession of all funds, books, and papers belonging to such office, 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 treas- urer, or other officer so discharged as defaulter, be acc^uitted thereof, he shall resume his duties. One-twelfth law. § 102. Neither the municipal council, the board of education, nor any other board, commission, committee, officer, or person, shall have power to authorize, allow, contract for, pay, or render payable, and they are prohibited from authorizing, 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 county, or the funds thereof, which shall, in the aggregate, exceed one-twelfth part of the amount allowed by laws existing at the time of such con- tract, authorization, allowance, payment or liability, 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 money 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 forward and expended by order of the municipal council, for the same purpose allowed by law in any succeeding month of the fiscal year. All contracts, authorizations, allowances, payments, and liabili- ties 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. § 103. It is the duty of the superintendent of streets to keep an ex- act account of all street and sewer work upon accepted streets, and it shall be the duty of the building committee to keep an account of all work done on all public buildings and every other expenditure charge- able against the treasury in any of the departments under charge of said building committee and officers; and it is the duty of the superintendent Act 2348, § 104 GENERAL LAWS. 700 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 demand, 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 state- ments in v/riting, when necessary to keep said accounts, and it is hereby made the duty of any and all officers to furnish said statements when demanded; such accounts shall be constantly posted up to date, so that it can be known exactly at any time what part or proportion of the monthly sum allowed by this chapter and existing laws has been con- tracted for, paid, or rendered liable to pay in the present and future. Such accounts shall show every contract for street and sewer work, public buildings, purchases of material, or supplies, or other expendi- ture, 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 estimate by the proper officer of the probable cost. Whenever, at any time, the contracts performed or unperformed, claims due or to become due, exceed said one-twelfth part of the amount that can be lawfully expended out of any fund in the current fiscal year, the president of the board, head of department, or other officer or board having the supervision of such expenditure, shall give notice thereof in writing, as to his or their department, to the auditor and the treasurer, and to the municipal council a notice in writing, served upon the clerks of each branch thereof, and shall post the same in his or their office, from which time no further contracts shall be made or ex- penditures authorized or allowed, until such time has elapsed as will allow of further proceedings consistent with the provisions of the law. Penalty for noncompliance with law. § 104. Any failure or neglect on the part of any of said offit^ers 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 person damaged shall have no remedy against such city, or city and county, and the said officers or members of boards authorizing or aiding to authorize, auditing, or allowing any claim or demand upon or against said treasury, or any fund thereof, in contravention thereof, shall be liable in person and on his official bond to the contractor or person damaged, to the extent of his loss. The treas- urer paying any claim authorized, allowed, or audited in contravention of the provisions thereof shall be liable on his official bond to refund 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. 701 MUNICIPAL CORPORATION BILL. Act 2348, §§ 105-107 Exception to operation of one-twelfth law. § 105. In case of any great public calamity or danger, such as earth- quakes, conflagrations, pestilence, 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 expenditure necessary to avert, mitigate, or relieve such evil; pro- vided, that such expenditure, contract, or authorization shall be passed by the unanimous vote of all members elected or appointed to each house of the municipal council, and entered in the journals of each house, and the character 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 bidder. § 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 advertise 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 contract at least three years; and provided, that any such news- paper 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. All such contracts, when awarded, shall be entered into and bonds taken by the clerk of the board of aldermen, in such sum and containing such conditions as the board of aldermen shall pro- vide. Contracts, how made. § 107. All contracts relating to city, or city and connty, affairs shall be in writing, signed and executed in the name of the city, or city and county, by the officer authorized to malte the same; and in cases not otherwise directeel by the law, such contracts shall be made and entered into by the mayor. All contracts shall be countersigned by the audi- tor, and registered, by number and dates, in his office, in a book to be kept by him for that purpose. In all eases of letting contracts to bid- ders, when for any reason a contract fails of completion, new bids shall be invited, openecl, and awarded, as provided in this chapter in the first instance, until a sufficient contract is executed. In all cases when the board of aldermen have reason to think the prices too high, or that bid- ders have combined together to prevent genuine bidding, or for any reason that the public interests will be subserved, it may in its discretion, reject any and all bids, and cause the same to be readver- tised. The provisions of this act, as to bids and contracts, shall be en- forced by the municipal council by appropriate ordinances as to all bids, proposals, and contracts with such city, or city and county, or any de- partment thereof. Act 2348, §§ 118-121 GENERAL LAWS. 702 Article IV. — Executive Department. Qualifications and duties of mayor. § 118. The mayor shall be the chief executive officer; shall be a quali- fied 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 ob- 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 obligations, especially in the collection, custody, administration, and disbursement of the public funds and property, for which purpose the books, records, 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 records of all such officers are kept in legal and proper form; and any oflicial defalcation, or willful neglect of duty, or official misconduct, which he may have discovered, or which shall have been reported to him, shall at the earliest oppor- tunity 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 proceeded 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 county, and shall recommend to their considera- tion 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 municipal council are enforced. Mayor pro tempore, § 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 num.ber as mayor pro tempore, who shall perform the same. Special sessions of council. § 120. The mayor may, by due notice, call special sessions of the municipal council, and shall specially state to them, when assembled, the objects for which they have been specially convened, and their ac- tions shall be confined to such objects. Duties of auditor. § 121. The auditor shall be the head of the finance department of such city, or city and county, and as such required to be constantly acquainted 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 office. If he absents himself from his office during such office hours, except on indispensable official business or urgent necessity, he shall lose his salary for the day; and it shall be a part of his official duty to keep account of the times and occasions when he shall be so absent froin duty. He shall be the general accountant of such city, or city and 703_ MUNICIPAL CORPORATION BILL. Act 2348, §§ 122, 123 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 man- ner of double-entry bookkeeping, and keep the accounts of such city, or city and county, general and special, in a systematic and ordcriy 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 administer oaths, and shall require settlements of accounts to be verified by affidavit whenever he thinks proper. He shall be responsible for all acts of his employees. Duties of treasurer. § 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 pur- pose, 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 make and publish a statement of all receipts into and payments from the treasury, and on what account. If he violates any of the pro- visions of this section he shall be considered a defaulter, and shall be deemed guilty of a misdemeanor in office, and be liable to removal, and shall be proceeded against accordingly. If he loan or deposit said moneys, or any part thereof, contrary to the provisions oP this section, or apply the same to his own use, or the use of any other person, in any manner whatsoever, or suffer the same to go out of his personal cus- tody, except in payment of audited demands upon the treasury, he shall be deemed guilty of a felony, and, on conviction thereof, shall suffer im- prisonment in the state prison for a period not less than tbree months nor more than ten years. Duties of treasurer. § 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 another, except as otherwise pro- vided in this chapter, without an express ordinance of the municipal council, wliich 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 dur- ing the office hours fixed by this chapter, and if he be absent himself therefrom, except on account of sickness or urgent necessity during such office hours, he shall lose his salary for the entire day on which he was absent. Act 2343, §§ 124-123 GENERAL LAWS. .704 Duties of county clerk. § 124. The county clerk of such city and county f5liall 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 by 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. § 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 exceptions 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 certificate of incorpora- tion, bonds, or other papers filed with the said county clerk. Whenever any of said papers are required for evidence in any of the courts within such city and county, the county 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, unless his expenses are paid. § 126. Neither the county clerk nor any of his deputies shall be re- quired to attend as witnesses, in their official capacities, outside of such city and county, except in criminal cases, unless his expenses be paid at the rate of ten cents per mile to and from the place where he may be required, and three dollars a day for each day's attendance. A suffi- cient number of deputies shall be assigned by him 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 economical manner possible. Fee for law library. § 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 provided for in this chapter; and the payment of the sum of one dollar shall be a con- dition precedent to the commencement of such action or proceeding, for which sum so required to be collected he and his sureties shall be re- sponsible on his official bond. Tax collector to be charged with moneys, etc., coming into his hands. § 128. The tax collector, upon the final settlement to be made by him as such tax coUector, according to the requirements of the law, shall be 705 MUNICIPAL CORPORATION BILL. Act 234S, §§ 129-l/ 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 not previously paid over, without any deduction of com- missions, fees, or otherwise; he shall also be charged with and be deemed debtor to the treasury for the full amount of all taxes due upon the delinquent list delivered to him for collection, unless 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 impossi- bility to collect any portion of such delinquent taxes have resulted from such negligence or defects in such assessment caused by the willful mis- conduct of the assessor, then the assessor whose duty it was to make the assessment shall be liable and be deemed debtor to the treasury for the amount remaining uncollected for that cause. Election of assessor and his dutieSo § 129. There shall be elected by the qualified voters of such city, or city and county, at the general state election, an assessor, who shall take office on the first Monday after the first day of January next fol- lowing his election, and hold for the term of four years, and until his successor is elected and qualified. It shall be his duty to assess all tax- able property within such city, or city and county. Duty of sheriff. § 130. The sheriff shall attend in person, or by deputy, all the courts in and for such city and county, except the police courts. He shall obey the lawful orders and directions of such courts, and in all other respects conform to the laws regulating sheriffs in this state. Duties of recorder. § 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 num- ber 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 copyist appointed by him; and such certificate of the recorder or his chief deputy shall be conclusive evidence to authorize the auditor to audit such certified accounts of such deputies or copyists monthly. He shall appoint as many copyists as he shall deem necessary to the proper discharge of the duties of his office, who shall be paid at the rate of twelve cents per folio of one hundred words for all matters reg- istered or copied by them respectively. Duties of district attorney. § 132. The district attorney is the public prosecutor, and shall be an attorney of the supreme court, and 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 prescribed by law. Gen. Laws — 45 Act 2348, §§ 133-136 GENERAL LAWS. 706 Duties of city and county attorney. § 133. 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 proceedings, in the courts and elsewhere, necessary to preserve and protect such city's, or city and county'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 pro- ceedings 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 reports from municipal boards and officers, documents, statutes, papers, furniture, and property, in his possession, to his successor in office, who shall give him duplicate re- ceipts therefor, one to be filed in the office of the auditor and one to be retained by the outgoing city, or city and county, attorney. Public administrator. § 134. The public administrator of such city, 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 prescribed by law. Duties of coroner. § 135. 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 inquests held by him, with a copy of all testimony and the inquisi- tion of the jurors in full; and in case of loss of the original records, the same shall be admissible in evidence with like effect as the original would have been. He may appoint such deputies, and a messenger or messengers, as are allowed in this act, or as may be hereafter allowed by the municipal council of such city, or city and county. He shall receive no fees for any services rendered by him. Duties of superintendent of streets. § 136. The superintendent of streets shall keep a public office, in some convenient place, to be designated by the municipal council. His office shall be kept open as in this chapter provided. He shall not, dur- ing his continuance in office, follow any other profession or calling, but shall be required to devote himself exclusively to the duties of his said office. He sliall have under his special chargo the construction, recon- struction, repairing, and cleansing of all public sewers, man-holes, sinks, drains, cesspools, and of the public streets, highways, alleys, places, and squares, excepting 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 penal- ties therefor are rigidly enforced, as may be prescribed by the municipal I / 707 MUMCIPAL CORPORATION BILL. Act 2348, §§ 137, 138* council. He shall keep himself informed of the condition of all public streets, highways, alleys, places, and squares; and should he fail to see that the laws, ordinances, a«d regulations relating to the public streets, highways, alleys, places, and squares are carried into exofution, after notice from any citizen of a violation thereof, such superintendent and his sureties shall be liable upon his official bond to any person injured in person or property by such official neglect. Duties of surveyor. §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, ma- chinery, 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 engineer- ing 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 engineer [ing] work that such city, or city and county, may require, and of the public parks, at the request of the park commissioners. Appointment of collector of licenses and his duties. § 138. Within twenty days after their first meeting, the municipal council of such city, or city and county shall appoint a suitable person as collector of licenses of such city, or city and county, who shall hold office for two years from and after his appointment, and until his succes- sor shall be appointed and qualified. In case of a vacancy occurring by death or otherwise in the office of the collector of licenses of such city, or city and county, holding his office under the provisions of this chap- ter, the same shall be filled for the remainder 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. The collector of licenses and his deputies are hereby authorized, empowered, and required to collect all the municipal licenses 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 depu- ties, or assistant collectors, to attend to the collection of licenses, and examine all places of business and persons liable to pay licenses, and to see that licenses are taken out and paid for. They shall each have and exercise, in the performance of 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 affirmations 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 v^hich a license by law is provided and required, free of charge, at their pleasure, and to demand the exhibi- tion of any license for the current time from any person, or firm, or Act 2348, §§ 139, 140 GENERAL LAWS. 708 corporation 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. § 139. 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 auditor 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. § 140. The department of police of such city, or city and county, shall consist of: Police commissioners, how appointed. First — 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 of the United States and of this state, and a resident 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 justice of the supreme court of the state of California, 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 governor and chief justice of the supreme court shall appoint their successors, who shall hold ofiice for the term of four years from and after the first Monday next succeeding the date of their appointment; but in making such ap- pointments, the said governor and chief justice shall elect two qualified persons from each of the two dominant national political parties. Va- cancies 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 incumbent 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 succeeding the date of . §iiL^ 700 MUNICIPAL CORPORATION BILL. Act 2348 their appointment, and shall forthwith organize by electing one of their num- ber 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 oflice, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the ease may be), that I will support the constitution of the ITnited States and the constitution of the state of California; that I will faithfully discharge the duties of police commissioner according to the best of my ability; and that in the discharge of my duties I will make no appointment to, or removal from the police force for political or partisan reasons; and that I will, to the best of my ability, discharge the duties of said office impartially and uninfluenced by political considerations, or any consideration other than that of the public good." Ever}' 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 which is to nominate candidates for office, nor act as a judge, inspector, clerk, or officer of any election, or primary 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 depart- ment; nor shall any member of said board collect, or suffer to be col- lected, from any member or employee of said department, any assessment or contribution for political purposes. A violation of any o* the provisions of this section shall be a misdemeanor, and shall be cause for the immediate removal from office of the person guilty of such violation. The said board shall hold sessions at least once a month in the office of chief of police, or in such other conveaient place as the municipal council of such city, or city and county, shall designate, 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 boaid, and the clerk of said board, shall have power to administer oaths in all matters pertinent to the busi- ness 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 proceedings. 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 police shall only be removable in the manner provided by law for the removal of other municipal officers. Prescribe rules. 2. To prescribe all needful rules and regulations for the control, gov- ernment, and discipline of said police force, and from time to time to Act 2348, § 140 GENERAL LAWS. 710 alter or repeal the same, and prescribe penalties for the violation of any of them. Determine complaints. 3. To hear and summarily determine all complaints of misconduct, in- efficiency, or other charge against any member of said police force, and to take 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 engage in the retail liquor business in such city, or city and county, and to revoke any such permit whenever it shall be made to appear to said board that the re- tail liquor business of the person to whom such permit was given is con- ducted in a disorderly or improper manner, 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 improper conduct, or of the commission of any criminal offense upon the premises whereon such retail liquor business is conducted; provided, however, that when- ever said board refuses to grant such permit, or proposes to revoke such permit, the person 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 counsel, and to have free of charge all reasonable facilities 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 corporation, to appoint a special officer to do special service to be paid for by such person, firm, or corporation, specifying the boundary or locality at or within which he is to act as such special officer, 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, commonly 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 officers. Contingent expenses. 7. To allow and order paid out of the police contingent fund, for con- tingent expenses, any and all orders signed by the chief of police; pro- vided, that the aggregate of such orders shall not exceed the sum of 711 MUNICIPAL CORPORATION BILL. Act 2348, § 140 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 regulations, 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 en- force 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 per- sons 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 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 neglect 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 unbecoming an officer, to punish the offending party by reprimand, forfeiting and with- holding 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 hia rank. Supplies. 13. To make requisition on the municipal council of such city, or city and county, for all supplies or necessaries that may be required in the administration of the department; provided, that the aggregate amount of the same, exclusive of salaries, shall not, in any one fiscal year, ex- ceed the sum of five thousand dollars. Report, when made. 14. "To annually, on or before the first day of August, report to the municipal council an estimate of the amount of money that will be re- Act 2348, § 140 GENERAL LAWS. 712 quired to pay all salaries of the department, and of the amount of money that will be required for the administration and support of the depart- ment in such year, specifying in detail the purposes and items for which the same will be required, with the estimated cost thereof, respectively. Sale of property. 15. To provide for the custody, care, restitution, sale, time, place, and manner of sale of all property that may come into the possession of the property clerk hereinafter provided for. Control police life insurance fund. 16. To control, care for, and manage the police life and health insur- ance fund hereinafter mentioned, which fund shall consist of the moneys retained from the monthly salaries of the members of the police force, fines collected from memloers 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 ofBce, 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 county, 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. Eepajrment to infirm officers. 18. To order paid, out of the police life and health insurance fund, to any police officer who shall resign by reason of bad health or bodily infirmity, the amount of the principal sum which such officer shall have contributed thereto. Eepajrment 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 of- fense against the laws of this state, an amount not exceeding one-half of the principal which such officer may have contribu4;ed thereto; pro- vided, 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 regis- tered, and to be paid in their order out of the fund as received. 713 MUNICIPAL CORPORATION BILL. Act 2348, § 140 Repayment of excess to certain officers. 21. When the police life and health insiirance fund shall exceed the sum of fifty thousand dollars, to allow and order paid out of the same, to any officer who shall have been permanently (lisal)lcd wliile in the discharge of his duty as such officer, such sum as in their judgment they shall deem proper, not to exceed one thousand dollars; but, in no case shall said fund be reduced thereby below the sum of fifty thousand dollars. The president of said board shall receive a salary of three thousand dollars per annum. The other members of said board shall each receive a salary of one thousand two hundred dollars per annum, payable monthly, at the end of each and every month. Chief of police, his powers and duties. Second. A chief of police, appointed as hereinbefore provided, who shall have power to select and designate one police officer to serve as clerk to the chief of police; one police officer to serve as property clerk, who, before entering upon his duties, shall give bond, with good and sufficient sureties, in the sum of ten thousand dollars, to such city, or city and county, to be approved as in cases of other official bonds, which bond shall be filed with the auditor of such city, or city and county; twelve detective officers, and thirty sergeants of police. He shall have the sole and exclusive control, direction, and superintendence of the city prisons of such city, or city and county, and may detail to duty therein such number of officers as the exigencies shall require. In the suppres- sion of any riot, public tumult, disturbances of the public peace, or organ- ized resistance against the laws, or public authorities, in the lawful exer- cise of their functions, he shall have all the powers that now are or may be conferred upon sheriffs by the laws of this state; and his law- ful orders shall.be promptly executed by all police officers, and every citizen shall also lend him aid, when required, for the arrest of offen- ders and the maintenance of public order. In case of great public emer- gency or danger, he may appoint an additional number of policemen of approved character for honesty and sobriety, who shall have the same powers as other police officers, but who shall act without pay. In case of imminent danger of riot, or actual riot, or organized resistance to the laws, he shall have power, and it shall be his duty, if in his opinion, the organized police force be insufficient in number or unequal in strength to preserve the peace and maintain public order, to make his requisi- tion on the governor, or in case of urgency on the nearest military commander in the national guard of California, for such military force as may be necessary for the occasion; and such military force shall be placed under his command until the restoration of order and tranquility, or until the governor declares such city, or city and county, in a state of insurrection, as provided by law. He shall keep a public office, which shall be open, and at which he, or in case of his necessary absence, a captain of police or sergeant of police by him designated for that pur- pose, who shall have, during such absence, the same powers as are con- ferred by law upon the chief of police, shall be in attendance at all Act 2348, § 140 GENERAL LAWS. 714 hours of the day and night. In case of his absence from his office, it shall be made known to the captain or sergeant of police in attendance where he can be found if needed. He shall designate one or more police officers to attend constantly upon the police court to carry on the busi- ness, and to execute the orders and process of said court. He shall com- mand, supervise, and direct the police force; and shall observe, and cause to be observed and enforced, the laws and ordinances within such city, or city and county. He shall see that all lawful orders and process of the police court are promptly executed; and shall exercise such other powers connected with his office as may be prescribed by law, or by the rules and regulations adopted by the board of police commissioners. He shall acquaint himself with all the statutes and laws in force in this state defining public offenses and nuisances and regulating the criminal proceedings; and shall procure and keep in his office the statutes of this state and of the United States, and all elementary works on those sub- jects. He shall give information and advice touching said laws gratu- itously to all police officers asking for it. He shall have power from time to time to dispose of such sum or sums for incidental expenses as in his judgment shall be for the best interest of such city, or city and county; provided, that the aggregate of all such sums shall not, in any one fiscal year, exceed the sum of seven thousand two hundred dollars; but all sums so disbursed or paid shall be subject to the approval of the said board. He may, for good cause, grant leave of absence for not more than thirty days to any member of the police force; but offi- cers absent from the city within or without the state on official business shall not be deemed to be absentees. As chief of police, he shall hold office for the term of four years from his appointraent, and shall receive a salary of four thousand dollars per annum, payable "monthly, at the end of each and every month. Captains of police, how appointed. Third. Six captains of police, who shall be appointed by the board of police commissioners from the members of the police force, who shall be assigned to such duty, and who shall be subject to such rules and regulations, as the chief of police shall prescribe. They shall receive a salary of two hundred dollars per month each, payable monthly at the end of each and every month. Police ofacers, their qualifications, powers, and duties. Fourth. As many police officers, not exceeding five hundred, as the board of police commissioners may determine to be necessary, to be ap- pointed by said board; but it shall be the duty of said board, on its first organization, to appoint as members of the police force the mem- bers of the police force, if any, then in service, unless such members be incompetent or incapable to serve. Every person applying for ap- pointment to said police force, unless he be a member of the police force then existing in such city, or city and county, shall produce and file with the said board a certificate, signed by not less than twelve freeholders and qualified voters of the smallest political subdivision of 715 MUNICIPAL CORPORATION BILL. Act 2348, §140 such city, or city and county, stating that they have been personally and well acquainted with the applicant for one year or more next pre- ceding the application, and that the applicant is of good repute for honesty and sobriety, and they believe him to be, in all respects, compe- tent and fit for the office. All such certificates shall be preserved in the office of said board, and shall not be returned to the applicant. Every appointee to said police force must be a citizen of the United States and of this state, able to read and write the English language, and a resident of such city, or city and county, at least five years previous to his appointment, except such member of said police force as may be in service at the time of the organization of said board; every appointee shall not be less than twenty-five nor more than forty j-ears of age, and not less than five feet and seven inches in height, and shall, after his nomination, and before his appointment, pass a thorough examina- tion by the surgeon of police, or by any physician appointed by said board, and be found on such examination to be sound in health, and to possess the physical qualifications required for recruits for the United States army. The police officers, in subjection to the rules and regula- tions of the said board, to the orders of the respective captains, and under the general direction of the chief of police, shall be prompt and vigilant in the detection of crime, the arrest of public offenders, the suppression of all riots, frays, duels, and disturbances of the public peace, the execution of process from the police court in causing the abatement of public nuisances, and the enforcement of the laws and regulations of the police. They shall, as soon as practicable, upon an arrest, under penalty of dismissal from the force, or of a fine of not more than one hundred dollars, or of both, at the discretion of the board, convey in person the offender before the nearest sitting magistrate. If the arrest is made during the hours that the magistrate does not regu- larly hold court, or if the magistrate is not holding court, such offender may be detained in a station-house until the next public sitting of the magistrate, and no longer, unless discharged on bail, according to law. No member of the police force shall be eligible to any other office while a member of such force, nor shall he take any part whatever in any convention held for the purposes of a political party; nor shall he be a member of any political club; nor shall he be allowed to interfere with politics on the day of election, or at any time while emploj^ed on said force, except to cast his vote. No member of said police force while on duty shall enter into any liquor-saloon, bar-room, or place where liquors are retailed, except when necessary in the discharge of his duties, on penalty of reprimand, fine, suspension, or removal from office. No member of the police force shall devote his time to any other profession or calling, become bail for any person charged with any offense whatever, solicit counsel or attorneys for prisoners, receive any present or reward for official services rendered, or to be rendered, unless with the knowledge and approbation of a majority of said board; such approbation to be given in writing and certified by the clerk of said board. Police officers who shall be selected to act as sergeants of police, and police officers who shall be selected to act as detective police offi- Act 2348, §§ 141, 142 GENERAL LAWS. 716 cers, shall each receive a salary of one hundred and twenty-five dollars per month, payable monthly, at the end of each and every month. The police officer who shall be selected to act as clerk to the chief of police, and the police officer who shall be selected to act as property clerk, shall each receive a salary of one hundred and fifty dollars per month, payable monthly, at the end of each and every month. All other police officers shall each receive a salary of one hundred and two dollars per month, payable monthly, at the end of each and every month; provided, that the treasurer of such city, or city and county, is hereby author- ized to deduct and retain from the salary of each member of said police force two dollars from every month's salary, to be paid into the fund of the police life and health insurance fund herein mentioned. Surgeon of police, and his duties. Fifth. A surgeon of police, whose duty it shall be to attend to all cases of accident or sickness at the several police stations, to attend all officers who may be taken sick or injured in the discharge of their duty, to examine all applicants for appointment on the police force, and to perform such other duties as the board of police commissioners may from time to time prescribe. He shall be appointed by the said board, and shall hold office during its pleasure, but he shall not be removed without just cause. He shall receive a salary of two hundred dollars per month, payable monthly, at the end of each and every month. Fire commissioners, how appointed and term of oiiice. § 141. There shall be a board of fire commissioners of such city, or city and county, consisting of five persons, possessing the same qualifica- tions of eligibility as are herein prescribed for the members of the board of aldermen, who shall be appointed by the mayor, with the advice of the board of aldermen, and shall hold office for the term of four years from and after the time of their appointment, and no more than three of whom shall belong to the same national political party; provided, that the fire commissioners now acting as such in such city, or city and county, shall continue to hold their respective offices until the expiration of the term for which they may have been respectively elected or ap- pointed. Powers and duties of fire commissioners. § 142. The said board of fire commissioners shall supervise and con- trol said fire department, its officers, members, and employees, subject to the laws governing the same, and shall see that the officers, members, and employees thereof faithfully discharge their duties, and that the laws, orders, and regulations relating thereto are carried into opera- tion and effect. They shall not, nor shall either of them, or the chief engineer, or assistant chief engineer, or assistant engineers, of said fire department, be interested in any contracts pertaining in any manner to said fire department, or the sale, furnishing of apparatus, or supplies for the same; and all contracts in violation of this section are declared void, and any of said persons violating the provisions of this section T17 MUNICIPAL CORPORATION BILL. Act 2348, §§ 143, 144 shall be deemefl guilty of misdemeanor, and upon conviction, shall be punished accordiugly. The municipal council of such city, or city and county, shall have power to contract and provide for all cisterns, hydrants, apparatus, horses, supplies, engine, hose and hook-and-ladder houses, and all alterations and repairs required; and said board of fire commissioners shall supervise all contracts awarded, and work done for the said fire department, and shall see that all contracts awarded and work done are faithfully performed. The said board of fire commissioners shall have power to prescribe the duties of the ofiicers, members, and em- ployees of said fire department, and to adopt rules and regulations for the management and discipline thereof; and a majority of them shall certify to the correctness of all claims and demands before the same shall be paid. And the municipal council is authorized and required to provide and furnish for the use of the board of fire commissioners a suitable room or rooms in some of the buildings of such city, or city and county, to serve as an office for their meetings and the transaction of business relating to said fire department, in which their clerk, janitor, and messenger shall be in attendance daily during office hours. The chief engineer, assistant chief engineer, and assistant engineer[s] of said department shall also make it their headquarters daily during office hours, when not otherwise engaged in official duties. And the said municipal council shall furnish the chief engineer, and also the assistant chief engineer and assistant engineers hereinafter mentioned, with a horse and buggy, and shall provide for keeping the same. Officers of fire department, § lis. The officers of the fire department of such city, or city and •"ounty, shall be: 1. Five fire commissioners, to be appointed as aforesaid; 2. One chief engineer; 3. One assistant chief engineer; 4. Four assistant engineers; 5. One superintendent of steam fire-engines. Members and employees of fire department. §144. The members and employees of said fire department shall be: 1. One assistant superintendent of steam fire-engines; 2. One clerk and storekeeper for the corporation yard; 3. One corporation yard drayman; 4. One night watchman of corporation yard; 5. Two hydrantmen; 6. One veterinary surgeon; 7. One foreman of each company; 8. One engineer for each steam fire-engine; 9. One substitute engineer and machinist; 10. One driver for each company; 11. One fireman for each steam engine company; 12. One carpenter; 13. One tillerman for each hook-and-ladder company; Act 2348, §§ 145-148 . GENERAL LAWS. 718 14. One steward for each hose company; 15. One janitor and messenger; 16. One clerk. Paid members of department to give entire time to duties. §145. All paid members of said fiie department, except the veterinary surgeon, foreman, assistant foreman, company clerks, hosemen, hook-and- laddcr-raen, and stewards of volunteer companies shall give their un- divided attention to their respective duties, but the foreman, assistant foreman, company clerks, hosemen, and hook-and-ladder-men, and stew- ards of volunteer companies, shall perform such duties as may be pre- scribed from time to time by said board of fire commissioners and ordered to be executed by the "chief engineer. Certain officers, how appointed. § 146. The chief engineer, the assistant chief engineer, the superin- tendent of steam fire-engines, the assistant engineers, the clerk, and all members and employees of the fire department, shall be appointed by the fire commissioners, and retain their positions during good behavior; and it shall be the duty of such fire commissioners, on their first organ- ization under this act, to appoint as members thereof the oificers and members of any fire department which shall be in service in any such city, or city and county, at the time of its organization under this act. No officer, member, or employee of said fire department shall be removed for political reasons. Fire department to consist of what. § 147. The fire department of such city, or city and county, shall con- sist of such engine, hook-and-ladder, and hose companies as shall be recommended by the board of fire commissioners, and determined by the municipal council necessary to afford protection against fire; provided, that as an auxiliary thereto patent fire-extinguishers may also be pur- chased and employed; if, in the judgment of said board, deemed ad- visable; provided, that no hand-engine shall be purchased for the use of said department, but such as shall be in possession of such city, or city and county, prior to its organization under this act, may be used in such localities and under such regulations as the board of fire com- missioners may prescribe. The companies of said department shall be organized as follows: Each steam fire-engine company shall consist of (1) one foreman, one (1) engineer, one (1) driver, one (1) fireman, and eight (8) hosemen; one (1) of whom shall act as assistant foreman, and one (1) as clerk. Each hook-and-ladder company shall consist of one (1) foreman, one (1) driver, one (1) tillerman, and twelve (12) hook- and-ladder-men; one (1) of whom shall act as assistant foreman, and one (1) as clerk. Each hose company shall consist of one (1) foreman, one (1) driver, and one (1) steward, and six (6) hosemen; one (1) of whom shall act as assistant foreman, and one (1) as clerk. Duties of chief engineer. § 148. The chief engineer shall be the executive officer of said fire department, and it shall be his duty (and that of the assistant chief 719 MUNICIPAL CORPORATION BILL. Act 2348, §§ 149, 15 engineer and assistant engineers) to see that the laws, orders, rules, and regulations concerning the same are carried into effect, and also to attend to such duties as fire wardens as may be required, and to see that all law^, orders, and regulations established in such city, or city and county, to secure protection against fire, are enforced. It shall also be the duty of the chief engineer to enforce the rules and regula- tions made from time to time to secure discipline in said fire depart- ment, and he shall have power to suspend any subordinate officer, member, or employee for a violation of the same, and shall forthwith report in writing, with his reasons therefor, to the board of fire com- missioners for their action. He shall diligently observe the condition of the apparatus and workings of said department, and shall report in writing, at least once in each week, to said board of fire commissioners, upon the same, and make such recommendations and suggestions re- specting it, and for securing its greater efficiency, as ho may deem proper; and in the absence or inability of the chief engineer to act, the assistant chief engineer shall assume the duties of said office of chief engineer. Clerk of board, his bond and duties. § 149. The person elected as clerk by said board of fire commissioners shall, before entering upon the discharge of his duties, execute a bond, with two or more sureties, in the penal sum of twelve thousand ($12,000) dollars, for the faithful discharge of his duties, which bond shall be approved by said board of fire commissioners, and the mayor of such city, or city and county, and when so approved shall be filed in the office of the auditor. The amount of said bond may be increased from time to time, when directed by the board of fire commissioners, should it deem it necessary for the public good; said clerk shall attend daily, during office hours, at the office of the board of fire commissioners (which shall be the office of the chief engineer, assistant chief engineer, and assistant engineers); shall perform the duties of clerk to said board and chief engineer, and shall perform such other duties from time to time as said board may prescribe. The clerk and storekeeper for the corporation yard shall, before entering upon his duties, furnish a bond in the sum of ten thousand ($10,000) dollars, to be approved in the same manner as the bond provided for in this section, to be given by the clerk of said board of fire commissioners, and filed with the audi- tor. Property of department, how sold. § 150. The mayor of such city, or city and county, upon the recom- mendation of the board of fire commissioners, with the approval of the municipal council, is authorized to sell at private or public sale from time to time any or all of the engines, hose-carriages, engine-houses, lots on which such houses stand, or parts of lots (or to exchange any of said lots, when in their judgment demanded by the public good), or other property which shall not be required for the use of the depart- ment, and to execute, acknowledge, and deliver good and sufficient 5>*V^^ Act 2348, §§ 151-155 GENERAL LAWS. 720 deeds or bills of sale for the same, paying the proceeds of such sales into the county treasury, to the credit of the proper fund. Appropriation for purchase of horses, supplies, etc. § 151. The municipal council of such city, or city and county, is hereby authorized and required to appropriate, allow, and order paid annually out of the general fund of such city, or city and county, the salaries hereinafter specified and allowed, and salaries at similar rates to the several officers and men of any additional companies created as aforesaid, and the municipal council is required to appropriate, allow, and order paid, out of the general fund, a sum not to exceed eighty thousand ($80^000) dollars annually for running expenses, horse-feed, repairs to apparatus, and for the construction and erection of cisterns and hydrants, and for the erection and repair of buildings, and other expenses of the fire department. To appropriate a sum not to exceed thirty thousand ($30,000) dollars for the purchase of horses and ap- paratus for the fire department. Allowance to disabled member. § 152. Whenever a member of the paid fire department of such city, or city and county, shall become disabled by reason of injuries received at any fire, so as to be unable to perform his duties, the municipal council, upon the recommendation of the board of fire commissioners, is hereby authorized and empowered to allow said disabled man a sum not exceeding fifty ($50) dollars per month for not to exceed three (3) months, payable out of the general fund of such city, or city and county, in the same manner and form as other payments are made out of said fund. "Fireman's Charitable Fund." § 153. The municipal council shall provide, by ordinance, for the payment into a "Fireman's Charitable Fund" of such city, or city and county, of all moneys received for licenses for the storage, manufacture, or sale of gunpowder, blasting-powder, gun-cotton, fireworks, nitro- glycerine, dualine, or any explosive oils or compounds, or as a municipal tax upon the same; also all fines collected in the police court, for vio- lations of fire ordinances. Said fund shall be under the direction and control of and subject to such regulations as may be prescribed by the board of fire commissioners. Assistant foreman and clerk. §154. The chief engineer shall have power to appoint one member of each company to act as assistant foreman; also, one member to act as clerk; said clerk to receive five ($5) dollars per month extra pay. Organization of board and time of meeting. § 155. The fire commissioners shall organize said board immediately upon their appointment, and on the first Monday after the first day of January of each and every year thereafter, by selecting one of their number as president and they shall meet at least once in each month 721 MUNICIPAL CORPORATION BILL. Act 2348, §§ 156-159 publicly at their office to transact the business of said fire department; and, in addition to the stated meetings, they shall meet twice in each month for the purpose of investigating charges against officers, mem- bers, and employees of said department for violating any of the rules and regulations thereof; and shall hold such intermediate sessions as they shall deem necessary to the proper administration of the fire de- partment. No person shall be eligible to any position in said department who is not a citizen of the United States, or a resident of such city, or city and county, at least two years, nor under t"wenty-one (21) years of age at the time of his appointment. Investigations, how conducted. ■§ 156. In all investigations for violation of the rules and regulations of the fire department, the president of the board of fire comniis.sioners shall have power to issue subpoenas, and administer oaths, and compel the attendance 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 served by any police officer or by any peace officer of such city, or city and county. Any person who refuses to attend or testify in obedience to such subpoenas shall be deemed guilty of contempt, and be punished by him as in cases of contempt in justices' court in civil cases. Members, how dismissed. § 157. No officer, member, or employee of the fire department shall be dismissed unless for cause, nor until after a trial. The accused shall be furnished- with a written copy of the charges against him at least five (5) days previous to the day of trial, and he shall have an oppor- tunity to examine witnesses in his behalf, and all witnesses shall be examined under oath, and all trials shall be public. Workshop at corporation yard. §158. The municipal council of such city and county is hereby au- thorized and empowered to establish and maintain at the corporation yard a workshop for making repairs and improvements upon the ap- paratus of the fire department, and such workshop and such repairs and improvements to be under the supervision of the board of fire commis- sioners, and the municipal council shall allow and order paid, out of the proper fund, all the expenses of such workshops, repairs, and improve- ments. Restrictions on members. § 159. No member of said board of fire commissioners shall, during his term of office, be a member of any party convention, tlie purpose of which is to nominate candidates for political office, nor shall the officers, members, or employees of said fire department take any part whatever in any partisan convention, held for the purposes of a political party; nor shall any member of the said board of fire commissioners, directly or indirectly, attempt to control or influence the action of any mem- ber of said fire department, or any employee thereof, in any primary Gen. Laws — 46 Act 2348, §§ 160, 161 GENERAL LAWS. 722 or general election. No member of the fire department shall levy, col- lect, or pay any amount of money as an assessment or contribution for political purposes. Any violation of the foregoing provisions of this section shall be deemed a misdemeanor. Salaries of officers of fire department, § 160. The salaries of the officers of the fire department shall be paid in monthly installments, and as follows: 1. The salary of the fire commissioners shall be one thousand two hun- dred dollars per annum; 2. The salary of the chief engineer shall be four thousand dollars per annum; 3. The salary of the assistant chief engineer shall be two thousand four hundred dollars per annum; 4. The salaries of the assistant engineers shall each be one thousand eight hundred dollars per annum; 5. The salary of the superintendent of steam fire-engines shall be two thousand four hundred dollars per annum. Salaries of employees of fire department. § 161. The salaries of the members and employees of the fire depart- ment shall be paid in monthly installments, and as follows: 1. The salary of assistant superintendent of steam fire-engines shall be one thousand six hundred and eighty dollars per annum; 2. The salary of the clerk and storekeeper for the corporation yard shall be one thousand five hundred dollars per annum; 3. The salary of the corporation yard drayman shall be "one thousand and eighty dollars per annum; 4. Tlie salary of the night watchman for the corporation yard shall be nine hundred dollars per annum; 5. The salary of the two hydrantmen shall be one thousand and eighty dollars per annum each; 6. The salary of the veterinary surgeon shall be one thousand two hundred dollars per annum; 7. The salary of the foreman of each company shall be five hundred and forty dollars per annum; 8. The salary of the engineer for each steam fire-engine company shall be one thousand six hundred and eighty dollars per annum; 9. The salary of the substitute engineer and machinist shall be one thousand six hundred and eighty dollars per annum; 10. The salary of the driver for each company shall be one thousand and eighty dollars per annum; 11. The salary of the fireman for each steam fire company shall be one thousand and eighty dollars per annum; 12. The salary of the carpenter for said department shall be one thou- sand two hundred dollars per annum; 13. The salary of the tillerman for each hook-and-ladder company shall be ooe thousand and eighty dollars per annum; 34. The salary of the steward for each hose company shall be nine •iMidred and sixty dollars per annum; 723 MUNICIPAL CORPORATION BILL. Act 2348, §§ 162-165 15. The salary of each hoseman and each hook-and-ladder man shall be four hundred and eighty dollars per annum; 16. The salary of the janitor and messenger shall be one thousand two hundred dollars per annum; 17. The salary of the clerk of the board of fire commissioners shall be one thousand eight hundred dollars per annum. Fire-alarm and police telegraph. § 162. There shall be maintained and provided for by the municipal council in such city, or city and county, a fire-alarm and police tele- graph for municipal use, and the superintendent thereof shall be ap- pointed by the board of fire commissioners, to serve during its pleasure, except that he shall not be removed for political causes, reasons, or purposes. Said superintendent is authorized to appoint the following officers and employees: One chief operator, three operators, one repairer. tTvo assistant repairers, and one batteryman. It shall be the duty of such board, on their first organization under this act, to appoint as officers and employees thereof the officers and employees of any fire- alarm and police telegraph which shall be in service in such city, or city and county, at the time of its organization under this act. Salaries of officers of fire-alarms, etc. § 163. The salaries of the officers of said fire-alarm and police tele- graph shall be paid in monthly installments, and as follows: 1. The salary of the superintendent shall be two thousand four hun- dred dollars per annum; 2. The salary of the chief operator shall be one thousand eight hun- dred dollars per annum; 3. The salary of each of the three operators herein provided for shall be one thousand five hundred dollars per annum; 4. The salary of the repairer shall be one thousand two hundred dol- lars per annum; 5. The salary of each of the two assistant repairers herein provided for shall be one thousand and eighty dollars per annum; 6. The salary of the batteryman shall be nine hundred dollars per annum. Appropriation. § 164. The municipal council shall appropriate such sum as may be necessary, not exceeding fifteen thousand dollars per annum, for the maintenance, repair, and extension of said telegraph, and to defray the cost of instruments and machinery therefor, and for such horses and vehicles as may be necessary for the use of said superintendent. Board of health, how constituted. § 165. There shall be a board of health for such city, or city and county, which board shall consist of the mayor of the city and county, and five physicians in good standing, residing in such city, or city and county, who shall be appointed by the governor, and who shall hold office for the term of four years, and untjj their successors are appointed Act 'J348, §§ 166-1G9 GENERAL LAWS. 724 and qualified; and in case any vacancy shall at any time occur in said board by removal, or resignation, or otherwise, the same shall be filled by appointment by the governor. Meetings. § 166. The mayor of such city, or city and county, shall be ex-officio president of the board of health, and in his absence, at any meeting, the board may elect a chairman, who shall, for the time, be clothed with all the power of the president. Said board shall hold a regular meeting at least once in each month, and at other times, when called thereto by the president, or by a majority of the board. Jurisdiction of board of health. § 167. Said board of health is hereby invested with general jurisdic- tion over all matters appertaining to the sanitary condition of such city, or city and county, and over all quarantine regulations and the enforcement thereof, and hospitals and almshouses, and all municipal institutions created and maintained for charitable purposes and not herein enumerated, within the corporate limits of such city, or city and county, and adopt such orders and regulations as may be necessary to the complete exercise of the powers hereinbefore enumerated, and may appoint or discharge such attendants and employees as may seem best to promote the public welfare. Salary. § 168. The members of said board of health shall receive no salary. Salaries of officers appointed by board of health. § 169. Said board of health shall have power to appoint the follow- ing officers and employees, who shall receive the salaries hereinafter pro- vided, payable in monthly installments at the end of each month, viz.: 1. One health officer, who shall be executive officer of said board, at a salary of two thousand four hundred dollars per annum; 2. One quarantine officer, at a salary of one thousand eight hundred dollars per annum; 3. One secretary, at a salary of two thousand four hundred dollars per annum; 4. Six health inspectors and one market inspector, at a salary of one thousand two hundred dollars per annum each; one messenger at nine hundred dollars per annum; 5. One superintendent of the city, or city and county, hospital, who shall be a physician and graduate of some medical college in good stand- ing, at a salary of two thousand four hundred dollars per annum; 6. One resident hospital physician, at a salary of one thousand five hundred dollars per annum; 7. One hospital steward, at a salary of one thousand two hundred dol- lars per annum; 8. One hospital matron, at a salary of nine hundred dollars per annum; 9. One hospital apothecary, at a salary of one thousand two hundred dollars per annum; 72a MUNICIPAL CORPORATION BILL. Act 23-18, §§ 170, 171 10. One hospital engineer, at a salary of nine hundred dollars per annum; 11. Two physicians and two surgeons, to be selected from the faculty of the medical department of the University of California, and two physicians and two surgeons to be selected from the faculty of the Pacific Medical College, at such salary as the board of health may desig- nate, not to exceed one thousand two hundred dollars each per annum, as visiting physicians and surgeons to the city, or city" and county hospital; 12. One almshouse superintendent, at a salary of two thousand four hundred dollars per annum; 13. One resident almshouse physician, at a salary of one thousand five hundred dollars per annum; 14. One almshouse matron, at a salary of seven hundred and twenty dollars per annum; 15. One city physician, at a salary not to exceed one thousand eight hundred dollars per annum; 16. One assistant city physician for the industrial school and house of correction, at a salary of one thousand two hundred dollars per annum; 17. One first cook, at a salary of sixty dollars per month; 18. One second cook, at a salary of thirty-five dollars per month; 19. One third cook, at a salary of thirty dollars per month; 20. One baker, at a salary of seventy-five dollars per mouth; 21. One clerk, at a salary of forty dollars per month; 22. One interpreter, at a salary of forty dollars per month; 23. One ambulance driver, at a salary of forty dollars per month; 24. Sixteen nurses, at a salary of thirty-five dollars each. Appointing power. §170. The appointing power of all and every of the aforesaid officers and employees is vested solely in said board of health, and said board shall have power to prescribe the duties of every and all of said officers and employees, and to remove the same at pleasure; and said board of health is hereby empowered to employ such additional employees as may be necessary to carry out the purposes of this act, at such compensations as said board of health may fix. Salaries, how paid. § 171. The salaries of the officers and employees of said board of health, and all other expenses legally incurred by said board under the provisions of this chapter, shall be payable out of the general 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 audit all such demands, and the treasurer of such city, or city and county, is hereby directed to pay the same out of said general fund. The said board of health shall, annually, upon the third Monday of April of each year, transmit, in writing, to the municipal council of such city, or city and county, an estimate of the amount of money necessary to defray all of the expendi- tures of said board of health for the next fiscal year; and the board of health shall not expend, in any one fiscal year, an amount exceeding tho Act 2348, §§ 172-174 GENERAL LAWS. 726 amount of such estimate so transmitted by said board of health for such fiscal year, allowed upon such estimate by the municipal council, except in case of an epidemic of any contagious disease, when such board of health is hereby authorized to increase such expense as may be deemed necessary for the public safety; and all such expenses shall be payable out of the general fund of such city, or city and county, at the same time and in the same m^anner provided for other expenses of said board. Nothing in this act shall be construed to authorize said board of health to contract for or purchase supplies for any of the charitable institutions placed under its control by this chapter. All contracts for any of the work authorized by this chapter to be caused to be performed by said board of health shall be awarded by said board to the lowest responsible bidder, after notice, for not less than five days, in two daily newspapers published in such city, or city and county, under such regulations and requirements as said board of health may adopt. Restrictions on oflacers. § 172. It shall not be lawful for any superintendent, or other prin- cipal officer in charge of any almshouse in such city, or city and county, to have or receive any perquisites, or to derive any income or revenue therefrom, either directly or indirectly, other than the salary allowed to him by the board of health; nor shall it be allowable for any sub- ordinate officer or employee to have or receive any perquisites, either directly or indirectly; and it shall be the duty of the board of health to remove any such superintendent, or other principal officer, or any sub- ordinate officer or employee who violates any provision of this section. All fees authorized by any of the provisions of this chapter, to be col- lected by any officer or employee of the board of health, shall be im- mediately paid by such officer or employee to the secretary of said board of health, who shall, upon the first Monday of each month, pay the same into the treasury of such city, or city and county, to be credited to the proper fund. Report of shipmasters of contagions diseases. § 173. Shipmasters bringing vessels into the harbor of any such city, or city and county, and all masters, owners, or consignees having vessels in such harbor, which have on board any cases of Asiatic cholera, small- pox, yellow, typhus, ship-fever, or any other contagious disease, must report the same in writing, to the quarantine officer before landing any passengers, casting anchor, or coming to any wharf, or as soon thereafter as they, or either of them, become aware of the existence of either of these diseases on board of their vessel. Restrictions on shipmasters, etc. § 174. No captain or other officer in command of any vessel sailing under a register, arriving at the port of any such city, or city and county, nor any owner, consignee, agent, or other person having charge of such vessel, must, under a penalty of not less than one hundred dollars nor more than one thousand dollars, land, or permit to be landed, any freight, passengers, or other persons from such vessels, until he has re- 727 MUNICIPAL CORPORATION BILL. Act 2348, 5§ 175-178 ported to the quarantine officer, presented his bill of health, and received a permit from that officer to land freight, passengers, and other persons. Duty of pilot. § 175. Every pilot who conducts into the port of any such city, or eity and county, any vessel subject to quarantine, or examination by the quarantine officer, must: 1. Bring the vessel no nearer such eity, or city and county, than is allowed by law; 2. Prevent any person from leaving such vessel, and any communica- tion being made with the vessel under his charge, until the quarantine officer has boarded her and given the necessary orders and directions; 3. Be vigilant in preventing any violation of the quarantine laws, and report, without delay, all such violations that come to his knowledge, to the quarantine officer; 4. Present the master of the vessel with a printed copy of the quaran- tine laws, unless he has one; 5. If the vessel is subject to quarantine, by reason of infection, place at the masthead a small yellow flag. Duty of master of vessel. § 176. Every master of a vessel subject to quarantine, or visitation by the quarantine officer, arriving in the port of any such city, or city and county, who refuses or neglects either: 1. To proceed with and anchor his vessel at the place assigned for quarantine, when legally directed so to do; or, 2. To submit his. vessel, cargo, and passengers to the quarantine, officers, their inspection, examination, and direction, and furnish all necessary information to enable that officer to determine to what quaran- tine or other regulations they might respectively be subject; or, 3. To report all cases of disease and of death occurring on his vessel, and to comply with all the sanitary regulations of such port or harbor; Is liable in the sum of five hundred dollars for every such neglect or refusal. Master of infected vessel must report. § 177. All vessels arriving off the port of any such city, or city and county, from ports which have been legally declared infected ports, and all vessels arriving from ports where there is prevailing, at the time of their departure, any contagious, infectious, or pestilential diseases, or vessels with decaying cargoes, or which have usually foul or offensive holds, are subject to quarantine, and must be by the master, owner, pilot, or consignee reported to the quarantine officer without delay. No such vessel must pass within the bounds prohibited them by the board of health, until the quarantine officer has boarded her and given the order required by law. Duty of quarantine officer. § 178. The quarantine officer must board every vessel subject to quar- antine or visitation by him, immediately on her arrival, make such ex- Act 2348, §§ 179-183 GENERAL LAWS. 728 aminations and inspection of vessels, books, papers, or cargo, or of persons on board, under oath, as he may judge expedient, and determine whether the vessel should be ordered to quarantine, and if so, the period of quarantine. Masters of certain vessels not to permit landing until he receive permit. § 179. No captain, or other officer, in command of any passenger- carrying vessel of more than one hundred and tifty tons burden, nor of any vessel of more than one hundred and fifty tons burden having pas- sengers on board, nor any consignee, owner, agent, or other persons hav- ing charge of such vessel or vessels, must, under a penalty of not less than one hundred dollars nor more than one thousand dollars, land, or permit to be landed, any passenger from the vessel until he has pre- sented his bill of health to the quarantine officer and received a permit from that officer to land such passengers, except in such cases as the quarantine officer deems it safe to give the permit before seeing the bill of health. Fees. § 180. The following fees shall be collected by the quarantine officer for giving a permit to land freight or passengers, or both: From any sailing vessel of less than five hundred tons burden, from any port out of this state, two dollars and fifty cents; five hundred and under one thousand tons burden, five dollars; each additional one thousand tons burden, or fraction thereof, an additional two dollars and fifty cents; for steam vessels, propelled in whole or in part by steam, of one thou- sand tons burden or less, five dollars, and two dollars and fifty cents ad- ditional for each additional one thousand tons burden or fraction thereof. But vessels not propelled in whole or in part by steam, sailing to and from any port or ports of the Pacific states of the United States or terri- tories, and whaling vessels entering the harbor of any such city and county, are excepted from the provisions of this section. Duty of board of health. § 181. The board of health may enforce compulsory vaccination on passengers or [on] variola-infected ships, or coming from ports infected with the same. Same. § 182. The board of health shall establish quarantine grounds at such points and places as in its judgment may best conduce to public safety; may provide suitable hospitals whenever the same are required for the public safety, and furnish and supply the same with nurses and attaches, and remove thereto all persons afflicted with cholera, smallpox, yellow, typhus, ship-fever, or other contagious diseases; provided, said quaran- tine grounds and hospitals shall not be established within one mile of the mainland on the north side of the bay of San Francisco. Duty of board of health. § 183. The board of health must cause to be kept a record of all births, deaths, and interments occurring in such city, or city and county, 729 MUNICIPAL CORPORATION BILL. Act 2348, §§ 184-137 coming under the provisions of this chapter. Such records, when filed, must be deposited in the office of the city, or city and county, recorder, and produced when required for public inspection. Duty of physicians aiid midwives. § 184. Phj'sieians and midwives must, on or before the fourth day of each month, make a return to the health officer of all births, deaths, and the number of stillborn children occurring in their practice during the preceding month. In the absence of such attendants, the parents must make such report within thirty days after the birth of the child. Such returns must be made in accordance with rules adopted by, and upon blanks furnished by, the board of health. Human bodies not to be buried without psrmit. § 185. No person shall deposit in any cemetery, or inter in any such city, or city and county, any human body, without first having obtained and filed with the health officer a certificate, signed by a physician or midwife, or coroner, setting forth as near as possible the name, age, color, sex, place of birth, occupation, date, locality, and the cause of death of deceased, and obtain from such health officer a permit. The physicians, when death occurs in their practice, must give the certificate herein mentioned. It shall be the duty of the said board of health to see that the dead body of a human being is not allowed to remain in any public receiving vault for a longer period than five days. At the expiration of that time it shall cause the body to be buried, or to be placed in a vault or niche, constituted of brick, stone, or iron, and her- metically sealed. It shall also be the duty of said boards to require all persons having in charge the digging of graves, and the burial of the dead, to see that the body of no human being who has reached ten years of age shall be interred in a grave less than six feet deep, or if under the age of ten years, the grave to be not less than five feet deep. The board of health shall have entire charge of all cemeteries belonging to such city, or city and county, and may employ a superintendent thereof, at a salary not to exceed seventy-five dollars per month, the same to be paid out of the general fund as the salaries of the other employees are paid. Duty of superintendent of cemeteries. § 186. Superintendents of all cemeteries in any such city, or city and county, must return to the health officer, on each Monday, the names of all persons interred or deposited within their respective cemeteries dur- ing the preceding week, and no superintendent of a cemetery, or any other person, can remove, or cause to be removed, or cause to be dis- interred, any human body or remains that have been deposited in a ceme- tery, without a permit therefor from the health officer, or by order of the coroner. Human body not to be disinterred without permit. § 187. It shall be unlawful to disinter or exhume from a grave, vault, or other burial-place within the limits of such city, or city and county, the body or remains of any deceased person, unless a permit for so doing Act 2348, §§ 188-192 GENERAL LAWS. 730 shaH have first been obtained from the health officer of such city, or city and county. Nor shall any body or remains distinterred, exhumed, or taken from any grave, vault, or other place of burial or deposit, be transported in or through the streets or highways of any such city, or city and county, unless the person or persons removing or transporting such body or remains shall first obtain from the health officer a permit, in writing, therefor, as aforesaid. But when an applicant for a permit to disinter a body shall desire to remove said body beyond the limits of such city, or city and county, and shall so state on making application, the permit, if the same be issued, shall include the right to disinter and remove, and said permit shall accompany the remains. Discretion of health officer. § 188. Permits to disinter or exhume the bodies or remains of de- ceased persons and to transport the same, or to exhume, or to transport, as in the last section provided, may be granted, in the discretion of the health officer, and under such restrictions and conditions only as he, in his judgment, may affix, so as in the best possible manner to protect the public health. The health officer shall prepare a book of blank permits in proper form, and consecutively numbered, containing stubs, on which, as well as in the permit, shall be entered a record of the transaction, giving the name, age, sex, nativity, date of death, destination of remains sought to be removed, and upon granting each permit shall be required to be paid to him the sum of ten dollars therefor, for the use and benefit of the general fund of such city, or city and county. Penalty of disinterring without permit. § 189. Any person or persons who shall disinter, exhume, or remove, or cause to be disinterred, exhumed, or removed, from a grave, vault, or other receptable or burial-place, the remains of a deceased person, with- out a permit therefor, shall be guilty of a misdemeanor, and be punished by fine not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail for not less ^lian thirty days nor more than six months, or by both such fine and imprisonment. Penalty for transporting body without permit. § 190. Any person or persons who shall transport, or cause to be transported, on or through the streets or highways of any such city, or city and county, the body or remains of a deceased person which has been disinterred or exhumed without a permit therefor, in accordance with this chapter, shall be guilty of a misdemeanor, and be punished as provided in the preceding section. Exception. § 191. Nothing in this chapter contained shall be taken to &pply to the removal of the remains of the deceased person from one place of in- terment to another place of interment, or cemetery, within this state. Penalties. §192. No person, master, captain, or conductor in charge of any boat, vessel, or railroad car, or public or private conveyance, shall receive for 731 MUNICIPAL CORPORATION BILL. Act 2348, §§ 193-195 Transportation, or shall transport, the body of any person who has died within the limits of such city, or city and county, without said body is accompanied by a permit for such transportation from the health oilicer, which permit shall accompany the body to its destination; and no person, master, captain, or conductor as aforesaid, shall bring into or transport through any such city, or city and county, the dead body or remains of any person unless it be accompanied with a certificate from some proper authority of the place from whence it came, stating the name, age, sex, and cause of death, which certificate shall be filed at the health office; provided, that in no case shall the body of any person who died of contagious disease be brought to such city, or city and county, within one year after the day of death. Nuisances, how abated. § 193. Whenever a nuisance shall exist on the property of any non- resident, or any property the owner or owners of which cannot be found by either health inspector, after diligent search, or on the property of any owner or owners upon whom due notice may have been served, and who shall for three days refuse or neglect to abate the same, or any property belonging 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 general fund in such sums as may be required for such removal or abatement, not to exceed two hundred dol- lars; provided, that whenever a larger expenditure is found necessary to be made in the removal or suppression of any nuisance, the municipal council of such city, or city and county, shall, upon the written applica- tion of the board of health, by ordinance, appropriate, allow, and order paid, out of the general fund, such sum or sums as may be necessary for that purpose; provided further, that in all cases where such expenditure will exceed five hundred dollars, no appropriation shall be made for that purpose unless the city, or city and county, attorney shall first give his opinion in writing that such expenditure would be a legal charge against the property affected thereby. And the auditor shall audit and the treasurer shall pay all appropriations of money made in pursuance of this section, in the same manner as is now provided by law for auditing and paying demands upon the treasury. Fee-book open to public inspection. § 194. The health officer and the quarantine officer must each keep a book open to public inspection, in which must be entered daily all fees collected by them, and they must pay all fees collected to such city, or city and county, treasurer, daily, to the credit of the general fund. Bond of health officer. § 195. The health officer must execute an official bond, with two sure- ties, to be approved by the board of health, in the sum of ten thousand dollars; and the quarantine officer must execute a like official bond, with two sureties, in the sum of ten thousand dollars; which bonds shall be filed with the auditor of such city, or city and county. Act 2348, §§ 196-201 GENERAL LAWS. 732 Who may administer oaths. § 196. Any member of the board of health, the health officer, and the quarantine officer, and the secretary of the board of health, is hereby authorized to administer oaths on business connected with the health de- partment. Suits, where maintained. § 197. Whenever any cause of action arises under any of the provi- sions of this chapter relating to the health department, suit may be maintained thereon in the name of the health or quarantine officer, as the case may be, in any superior court or justice's court of this state. Duty of physicians in certain cases. § 198. Every physician in anj^ such city, or city and county, shall re- port to the health officer, in writing, every patient he shall have labor- ing under Asiatic cholera, variola, diphtheria, scarlatina, or other con- tagious diseases, immediately thereafter, and report to the same officer every case of death from such disease. Duty of householders in certain cases. § 199. Every householder in any such city, or city and county, shall forthwith report, in writing, to the health officer the name of every per- son boarding, or an inmate of his or her house, whom he or she shall have reason to believe sick of cholera, or smallpox, and any deaths occurring at his or her house from such disease. Park commissioners, how appointed and their duties. §200. There shall be a board of park commissioners of such city, or city and county, consisting of three persons, to be appointed by the governor of this state, who shall hold their office for four years, and who shall receive no compensation for their services. In case of a vacancy, the same shall be filled by the remaining members of the board for the residue of the term then vacant; and all vacancies occasioned by ex- piration of terms of office, or neglect, or incapacity, shall be filled by the governor aforesaid. Each of said commissioners shall be a free- holder and resident of such city, or city and county. Said board shall have full and exclusive control and management of all the parks of such city, or city and county, which at the time of the organization of such city, or city and county, under this act, were treated and improved as public parks, with the avenues and great highways connected therewith. Two of said commissioners shall constitute a quorum to do business, but no money shall be expended or contract entered into authorizing the expenditure of money without the approval of the mayor and a majority of said board of park commissioners. Powers. § 201. Said board shall have power to govern, manage, and direct said parks and avenues leading thereto as have heretofore been operated or managed in connection therewith; to lay out, regulate, and improve such parks and avenues; to pass ordinances for the regulation and gov- 733 MUNICIPAL CORPORATION BILL. Act 2348, §§ 202-201 ernment of the same; to appoint one general superintendent, who shall perform the duties of overseer and managing gardener, who shall re- ceive a salary of two thousand four hundred dollars per annum. The city, or city and county, surveyor shall be ex-oflicio engineer of the works, and shall perform such engineering work as the commissioners may require of him. Prisoners over the age of twenty-one years, sen- tenced to hard labor in any of the jails, prisons, houses of correction, work-houses, or other penal establishments of such city, or city and county, may be put to work upon the parlvs. The commissioners may employ such other laborers as shall be necessary; within the amount allowed by law to be expended on said parks, at wages not to exceed the current wages paid in such city, or city and county, for labor. They shall in no year incur any debt or deficit, nor expend any money beyond the amount realized by the tax herein provided for. All persons violat- ing any of the ordinances of the commissioners regulating the parka shall be deemed guilty of misdemeanor, and punished accordingly. Taxes for park improvement, how levied. § 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, each 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 property therein, for the purpose of preserving and improving the parks and avenues under control and management of said commissioners. Said money shall be paid into the treasury, and paid out for said purpose; all claims to be first allowed by said commissioners and audited by the auditor. The jurisdiction of the park commissioners shall not extend to unimproved parks, nor squares and places not hitherto treated as parks, unless extended thereto by an ordinance of the municipal council. The commissioners may lease, for terms not to exceed three years, any portion of said grounds not immediately required for improvement, the proceeds to go to, the improvement of the parks and avenues. Eeports of park commissioners. § 203. The park commissioners shall make semi-annual reports to the mayor and municipal council of all their proceedings, and a detailed statement of all the receipts and expenditures. Duties of mayor and other officers in reference to contracts. §204. The mayor shall see that all contracts and agreements with the city are faithfully kept and performed, and to this end he shall cause legal proceedings to be instituted and prosecuted against all per- sons or corporations failing to fulfill their agreements. And it is the duty of any and every citj', or city and county, officer, when it shall come to his knowledge that any contract with such city, or city and county, relating to the business of any office whatever, has been or is about to be violated by the other contracting party, forthwith to report the fact to the mayor. A failure to do so shall he a sufficient cause for the removal of any officer of any department. The mayor shall give a certificate on demand, to any officer giving such information that he Act 2348, §§ 213-215 GENERAL LAWS. 734 has done so, which certificate shall be evidence in exoneration from a charge of neglect of such duty. The city, or city and county, attorney shall prosecute all suits so ordered by the mayor. Article V. — Judicial Department. Number and jurisdiction of justices. §213. There shall be in and for such city, or city and county, one justices' court, composed of six justices of the peace, which shall have the powers and jurisdiction prescribed and conferred by law upon jus- tices of the peace and justices' courts, in such city, or city and county. All actions, suits, and proceedings whereof justices of the peace and justices' courts in such city, or city and county, have jurisdiction, shall be commenced, entitled and prosecuted in said court. Such courts shall be always open, nonjudi«ial days excepted, and causes therein may be tried before the presiding justice, before any one of the justices before whom the original process may be made returnable, or to whom the cause may be assigned or transferred for trial. Presiding justice. § 214. The board of aldermen shall appoint one of the justices of the peace to be presiding justice, who, as such, shall hold office until his successor shall in the same manner be appointed; and any one of the other justices may attend, preside and act as presiding justice during the temporary absence or disability of the justice so appointed. The board of aldermen, within ten days after its organization as such board, shall appoint a justices' clerk, who shall hold office during the pleasure of the appointing power. The clerk shall take the constitutional oath of office, and give bond, with at least two sufficient sureties, to be ap- proved in the same manner as the' official bond of other officers of such city, or city and county, in the sum of not less than fifteen thousand dollars, payable to the city, or city and county, conditioned for the faithful discharge of the duties of his office, and welt and truly to ac- count for and pay into the treasury of such city, or city and county, as required by law, all moneys by him collected or received, and by law designated for that use. A new or additional bond may be required by the municipal council whenever it deems it necessary; and on failure to furnish such new or additional bond within five days after it shall be required, the office shall become vacant. The justices' clerk shall have authority to administer oaths, and take and certify affidavits in any action, suit or proceeding in all courts in such city, or city and county, and to appoint two deputy clerks, for whose acts he shall be responsible on his official bond; the said deputy clerks to hold office dur- ing the pleasure of said clerk. Said deputy clerks have the same power as the said clerk, except that of appointment. Offices for justices, and office hours. §215. The municipal council of such city, or city and county, shall provide, in some convenient locality in the city, or city and county, a suitable office, or suite of offices, for said presiding justice, justices' clerk, 735 MUNICIPAL CORPORATION BILL. Act 2348, §§ 216, 21T deputy clerk, and deputy sheriflp, and offices suitable for holding sessions of said court, and separate from one another, for each of said justices of the peace, together with attendants, furniture, fuel, lights and sta- tionery, sufficient for the transaction of business; and if they are not provided, the court may direct the sheriif to provide the same, and the expenses incurred, certified by the justices to be correct, shall be a cliarge against the city, or city and county, treasury and paid out of the general fund thereof. The said justices, justices' clerk and deputy clerk, sliall be in attendance at their respective offices for the dispatch of official business daily, from the hour of 9 o'clock A. M. until 5 o'clock P. M. Legal process, how issued. §216. All legal process of every kind in actions, suits or proceedings in said justices' court, for the issue of service of which any fee is or may be allowed by law, shall be issued by the said justices' clerk, upon the order of the presiding justice, or upon the order of one of the jus- tices of the peace, acting as presiding justice, as in this chapter pro- vided; and the fees for issuance and service of all such process, and all other fees which are allowed by law for any official services of jus- tices, justices' clerk, or sheriff, shall be exacted and paid in advance into the hands of said clerk, and be by him daily, weekly or monthly, as the municipal council may require, and before his salary shall be allowed, accounted for in detail, under oath, and paid into the treasury of such city, or city and county, as part of the special fee fund thereof; provided, that such payment in advance shall not be exacted from par- ties who may prove, to the satisfaction of the presiding justice, that they have good cause of action, and that they are not of sufficient pecuni- ary ability to pay the legal fees; and no judgment shall be rendered in any action before said justices' court, or any of said justices, until the fees allowed therefor, and all fees for previous services therein, which are destined to be paid into the treasury, shall have been paid, except in cases of poor persons, as hereinbefore provided. Sheriff and deputies for justices' courts. § 217. The sheriff of such city and county shall be ex-officio an officer of said court, and it shall be his duty to serve or execute, or cause to be served and executed, each and every process, writ, or order that may be issued by said justices' court; provided, that a summons issued from said court may be served and returned as provided in section 849 of the Code of Civil Procedure; and that subpoenas may be issued by the justices' clerk, and served as provided in sections 1987 and 1988 of the Code of Civil Procedure. The said sheriff may appoint, in addition to the other deputies allowed by law, tlirce deimties, whose duty it shall be to assist said sheriff in serving and executing the process, writs, and orders of the said justices' court. Said deputies shall receive a salary of not to exceed one hundred and twenty-five dollars per month eacli, payable monthly, out of the city and county treasury, and out of the special fee fund, after being first allowed and audited as other demands Act 2348, §§ 218, 219 GENERAL LAWS. 736 are by law required to be audited and allowed. One of said deputies shall remain in attendance during the sessions of said court, and at such other times as the said court or the presiding justice thereof may order and direct, for the purpose of attending to such duties as may "be im- posed rn said sheriff or said deputies, as herein provided or required by law. The said sheriff shall be liable on his official bond for the faithful performance of all duties required of him or any of his said deputies. Style of action. §218. All actions, suits, and proceedings in such city, or city and county, whereof justices of the peace or justices' courts have jurisdic- tion, except those cases of concurrent jurisdiction that may be com- menced in some other court, shall be entitled: "In the justices' court of the city of (or the city and county of )," (inserting the name of the city, or city and county), and commenced and prosecuted in said justices' court, which shall be always open. The original process shall be returnable, and the parties summoned required to appear, before the presiding justice, or before one of the other justices of the peace, to be designated by the presiding justice at his office; but all complaints, an- swers, and other pleadings and papers required to be filed, shall be filed and a record of all such actions, suits, and proceedings made and kept in the clerk's office aforesaid; and the presiding justice, and each of the other justices, shall have power, jurisdiction, and authority to hear, try, and determine any action, suit, or proceeding so commenced, and which shall have been made returnable before him, or may be assigned or transferred to him, or any motion, application, or issue therein (sub- ject to the constitutional right of trial by jury), and to make any neces- eary and proper orders therein. In case of disability of justice, case to be tried before another justice. §219. In case of sickness, or disability, or absence of a justice of the peace (on the return of a summons, or at the time appointed for trial) to whom a cause has been assigned, the presiding justice shall re- assign the cause to some other justice, who shall proceed with the trial and disposition of said cause in the same manner as if originally as- signed to him; and if, at any time before the trial of a cause or matter returnable or pending before any of said justices, either party shall object to having the cause or matter tried before said justice on the ground that such justice is a material witness for either party, or on the ground of the interest, prejudice, or bias of such justice, and such objection be made to appear in the manner prescribed by sec- tion 833 of the Code of Civil Procedure, the said justice shall suspend proceedings, and the presiding justice, on motion and production be- fore him of the affidavit and proofs, shall order the transfer of the cause or matter for trial before some other justice, to be designated by him. The presiding justice may, in like manner, assign or transfer any contested motion, application, or issue in law, arising in any cause, returnable or pending before him or any other justice, to some other justice, and the said justice to whom any cause, matter, motion, ap- 737 MUNICIPAL CORPORATION BILL. Act 2348, §§ 220-23J plication, or issue shall be so as aforesaid assigned or transferred, shall have power, jnridiction, and authority to hear, try, and determine the same accordingly. Certain cases to be certified to superior court by presiding justice, and justices' clerk. §220. Cases which, by the provisions of law, are required to be cer- tified to the superior court, by reason of involving the question of title or possession of real property, or the legality of any tax, impost, assess- ment, toll, or municipal fine, shall be so certified by the presiding jus- tice and justices' clerk; and for that purpose, if such question shall arise on the trial while the case is pending before one of the other justices, such justice shall certify the same to the presiding justice. All abstracts and transcripts of judgments and proceedings in said court, or in any of the dockets or registers of or deposited in said court, shall be given and certified from any of such dockets or registers and signed . by the presiding justice and clerk, and shall have the same force and effect as abstracts and transcripts of justices of the peace in other cases. Appeals from judgments rendered in said court shall be talcen and perfected in the manner prescribed by law, and the notice of appeal and all papers required to be filed to perfect it shall be filed with the justices' clerk. Statements on appeal shall be settled by the justice who tried the cause. Sureties on appeal, or on any bond or undertak- ing given in any cause or proceeding in said court, when required to justify, may justify before any one of the justices. Jurisdiction. §221. The jurisdiction of the justices' court of such city, or city and county, extends to the limits of the city, or city and county, and its process may be served in any part thereof. Powers of associate justices. § 222. The presiding justice, whenever in his judgment the prompt dispatch of business shall demand it, may require the aid of one of the justices of the peace in the discharge either of his own duties or those of the justices' clerk (the collection of fees, accounting for, and pay- ing the same into the treasury excepted), and each of the justices, when so required, shall, for the purpose, have the same power and authority as the presiding justice or clerk in whose aid he shall act; and any one of the justices, when required as aforesaid, may act as a justices' clerk pro tempore during the temporary absence or disability of such clerk, with the same powers, duties, and responsibilities. "Justices' Docket." §223. In a suitable book, strongly bound, the justices' clerk shall keep a permanent record of all actions, proceedings, and judgments com- menced, had, or rendered in said justices' court, which book shall be a public record, and be known as the "Justices' Docket," in which docket the clerk shall make the same entries as are provided for in section 911 of the Code of Civil Procedure, and which said docket and entries Gen. Laws — 47 Act 2348, §§ 224-227 GENERAL LAWS. 738 therein shall have the same force and effect as is provided by law in reference to dockets of justices of the peace. To enable the clerk to make up such docket, each of the justices shall keep minutes of his pro- ceedings in every cause returnable before, or assigned or transferred to, him for trial or hearing; and upon judgment, or other disposition of a cause, such justice shall immediately certify and return the said minutes, together with all pleadings and papers in said cause, to the clerk's office, who shall immediateiy thereupon file the same, and make the proper entries under the title of the action in the docket aforesaid. Procedure. § 224. The justices' court and the justices of the peace of every such city and county shall be governed in their proceedings by the provisions of law regulating proceedings before justices of the peace, so far as such provisions are not altered or modified in this chapter, and the same are or can be made applicable in the several cases arising before them. The justices' court of such city, or city and county, shall have power to make rules, not inconsistent with the constitution and laws, for the govern- ment of such justices' court and the officers thereof; but such rules shall not be in force until thirty days after their publication; and no rule shall be made imposing any tax or charge on any legal proceeding, or giving any allowance to any justice or officer for services. New justices' court a continuation of old. § 225. All actions and proceedings pending and undetermined before the justices' court of such city, or city and county, if any, at the time of its organization under this act, shall be proceeded in, heard, and de- termined before the court herein provided for, and execution shall be issued thereon, and other proceedings had therein, whether before or after judgment, whether on appeal or otherwise; and the court provided for under this act shall be deemed to be a continuation of the same court before existing, and not a new court. Prohibition to practice by justices. § 226. It shall not be lawful for any justice of the peace, the justices' clerk, or the sheriff, or any of his deputies, of such city, or city and county, to appear or advocate, or in any manner act as attorney, counsel, or agent for any party or persion in any cause, or in relation to any de- mand, account, or claim, pending, or to be sued or prosecuted before said justices, or any of them, or which may be within their jurisdiction. A violation of the provisions of this section shall be deemed a misdemeanor in office. Qualifications of attonieys. § 227. No person other than an attorney at law, duly admitted and licensed to practice in courts of record, shall be permitted to appear as attorney or agent for any party in any cause or proceeding before said justices, or any of them, unless he produce a sufficient power of attorney to that effect, duly executed and acknowledged before one of said jus- tices, or before some other officer authorized by law to take acknowledg- 739 MUNICIPAL CORPORATION BILL. Act 2348, §§ 228-232 ment of deeds; which power of attorney, or a true copy thereof, duly certified by one of the justices aforesaid (who, on inspection of the orig- inal, shall attest to its genuineness), shall be filed among the papers in such cause or proceeding. ' Appointment of additional justices. §228. If, at the time of the organization of any such city, or city and county, under this act, there shall not be the complement of justices of the peace provided for in this chapter, the municipal council of such city, or city and county shall appoint a suitable person or persons to fill such complement and the person or persons so appointed shall hold office from his or their appointment, and until his or their successor or succes- sors is or are elected or appointed and qualified. Police court. §229. The judicial power of such city, or city and county, shall be vested in a "police court," to be held therein by the police judges. The police court shall not be a court of record. Said court shall have a seal. - The judges of said court may hold as many sessions of said court at the same time as there are judges thereof. There shall be two departments of said court, denominated, respectively. Department One and Depart- ment Two. The court may sit in departments, and shall be always open for the transaction of business. There shall be, as far as practicable, an equal distribution of cases between the said departments, which cases shall be alternately set down for trial to each department in the order in which the warrants are issued or proceedings brought before the court. Said judges shall, as soon as may be after the commencement of the terms of their office, classify themselves by lot for assignment to said depart- ments, and shall be thereby assigned accordingly. Power and jurisdiction of police court. § 230. All the power and jurisdiction of said court shall be enjoyed and may be exercised in bank, or in either department thereof. All the powers of said judges may be exercised by either of them. Same. §231. The police court of such city, or city and county, shall have jurisdiction: 1. Of an action or proceeding for the violation of any ordinance of such city, or city and county; 2. Of proceedings respecting vagrants and disorderly persons. Same. §232. The police court shall have jurisdiction of the following public offenses committed in such city, or city and county: 1. Petit larceny; receiving stolen property, when the amount involved does not exceed fifty dollars. 2. Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties or with intent to kill; 3. Breaches of the peace, riots, aFFrays. committing willful injury to property, and of all misdemeanors punishable by a fine not exceeding one Act 2348, §§ 233-236 GENERAL LAWS. 740 thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment; 4. Said court or judges shall have jurisdiction of proceedings for se- curity to keep the peace; and also, throughout such city and county, the same powers and jurisdiction, in other criminal actions, cases, prosecu- tions, and proceedings as are now or hereafter may be conferred by law upon police or justices' courts. Power to hold examinations. § 233. The judges of said court shall have power to hear cases for examination, and may commit and hold the offender to bail for trial in the superior court, and may try, condemn, or acquit, and carry their judg- ment into execution, as the case may require according to law, and shall have power to issue warrants of arrest, subpoenas, and all other process necessary to the full and proper exercise of their power and jurisdiction. May commit to home of inebriate. § 234. Said court or judges shall also have power to commit to the home for the care of the inebriate, when any such institute may be es- tablished, any person who m.ay be convicted before them of habitual intemperance, for a term not exceeding six months, or until sooner re- leased by order of the police judges, or by the board of managers of such institution by a two-thirds vote of all the members of said board. When may commit to industrial schools. § 235. The said court or judges shall have the power to commit all offenders duly convicted, under eighteen years of age, to the industrial school of said city and county, in all cases where such commitment shall by said court or judge be deemed to be more suitable than the punishment otherwise provided by law, not to exceed six months. If, upon any trial, it shall appear that the person on trial is under fourteen years of age, and has done an act which if done by a person of full age would warrant a conviction of the crime of misdemeanor charged, then and in that case said court or judges shall have power to commit such child to the industrial school. In either case said court or judges may sentence such person to be confined in the correctional department of said in- dustrial school for any term not exceeding six months. Upon application of the mayor, or any member of the supervisors, or of any three citizens, charging that any child under eighteen years of age lives an idle, or dis- solute life, and that his parents are dead, or, if living, do, from drunken- ness or other vices or causes, neglect to provide any suitable employment, or exercise salutary control over such child, the said court or judges shall have power to examine the matter, and upon being satisfied of the truth of such charges, may sentence such child to the industrial school; pro- vided, that no person shall be so sentenced for a longer period than until he arrive at the age of eighteen years. May sentence to labor on public works, etc. §236. In cases where, for any offense, the said court is or judges are authorized to impose a fine, or imprisonment in the county jail, or both, 741 MUNICIPAL CORPORATION BILL. Act 2348, §§ 237-240 it or they may instead sentence the offender to be employed at labor on the public works, or in the house of correction or workhouse as the super- visors may prescribe, for a period of time equal to the term of imprison- mcHu which might legally be imposed, and may, in case a fine is imposed, embrace as a part of the sentence that in default of payment thereof the offender shall be obliged to labor on said works, at said house of cor- rection or workhouse, or elsewhere, at the rate of one dollar 'a day, till the fine imposed is satisfied; provided, that no person under the age of twenty-one years, or who is to be sentenced, on conviction for drunken- ness or breach of the peace, shall be sentenced to labor upon the public works away from the house of correction or workhouse. Punishment of contempt. §237. The said court and judges may punish contempts in the same manner and to the same extent as superior courts, and the laws concern- ing contempts applicable to superior courts shall be applicable to said police court and judges. Record to be kept by county clerk. §238. The county clerk shall keep a record of the proceedings of the police court, issue all process ordered by said court, and shall render to the auditor, monthly, and before any amount can be paid to him on ac- count of his salary, an exact and detailed account, upon oath, of all fines imposed, and all bail forfeited, and moneys collected, as clerk of said court, since his last account rendered. He shall prepare bonds, justify and accept bail, when the amount has been fixed by the police judges, in eases not exceeding one thousand dollars, and he shall fix, justify, and accept bail after arrest, in the absence of the police judges, in all cases not amounting to a felony, in the same manner and with the like effect as if the same had been fixed by the police judges or police court. The county clerk shall appoint three deputy clerks, who shall act as deputy flerks of said police court. The clerk and the deputy clerks in this sec- tion mentioned shall have authority to administer oaths and affirmations, and take and certify affidavits in any proceeding in said police court, in and for said city and county, and to issue subpoenas. Office hours. §239. The police judges and the deputy clerks shall attend at the courtrooms of said court for the dispatch of business daily, from the hour of 9 o'clock A. M. until 5 o'clock P. M., and during such other reasonable hours as may be necessary for the discharge of their respective duties, except on legal holidays. Pa3rment of fines by clerk into treasury. §240. The county clerk, as clerk of the police court, shall pay to the treasurer of said city and county, immediately, all fines collected and bail forfeited, accompanied by a verified written statement showing from whom each fine was collected, when collected, in what case, specifying the offense, and in what amount, and in what case and by whom such bail was forfeited. He shall immediately upon the forfeiting of any bail Act 2348, §§ 241-245 GENERAL LAWS. 742 bond in the police court, transmit to the district attorney a copy of such bail bond, duly certified by him under the seal of that court to be a true copy, stating in such certificate the fact of such forfeiture, and the date thereof. Justice of the peace may preside in police court. § 241. Any justice of the peace of the said city and county who may be designated, in writing, by the mayor for the purpose, shall have power to preside in and hold the police court of said city and county, or any department thereof, in the event of the temporary absence of the police judges, or either of them, or of their inability to act from any cause; and during such temporary absence or disability the justice so designated shall act as police judge, and shall have and exercise all the powers, juris- diction, and authority which are or may be by law conferred upon said court or judges. Duty of assistant district attorney. §242. It shall be the duty of the assistant district attorneys, acting in the police court, or either and each of them, whenever they shall have been credibly informed that any person criminally injured by another is likely to die, to take the dying statement of such person, and to im- mediately reduce the same to writing. It is also hereby made the duty of attending physicians, and others knowing of such cases, to report the same immediately to such assistant district attorneys. Attorney before police court. § 243. No person shall be permitted to act as attorney or counsel be- fore 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. §244. The chief of police shall designate two or more policemen, who shall attend constantly upon 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. § 245. The police judge's court and the police judge's court number two of said city and county, and the offices of the judges thereof, shall be abolislied at 12 o'clock noon, of the first Monday after the first day of January, in the year eighteen hundred and eighty-five, and at that time all records, registers, dockets, books, papers, actions, warrants, judg- ments, and proceedings lodged, deposited, or pending before the said last- mentioned courts, or the judges thereof, shall be by force hereof trans- ferred to said police court, which police court and the police judges herein provided for shall have the same power and jurisdiction over them as if they had been in the first instance lodged, deposited, or commenced in said police court, or before the judges last aforesaid; but nothing herein contained shall affect any judgment rendered or proceeding had before that time in said police judge's court or said police judge's court number two, or before the judges thereof, or either of them. 743 MUNICIPAL CORPORATION BILL. Act 2348, §§ 246-249 Interpreters. § 246. There shall be appointed by the judges of the superior court of such city and county five competent persons deputies to act as inter- preters and translators of the following languages: French, German, Italian, Spanish, Portuguese, Chinese, and Slavonian. The said deputies shall each receive a salary of one thousand two hundred 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 a],l the courts in and for such city and county, when required by any of the judges thereof, without further compensation than the salaries above provided. Article VI. — Educational Department. Boards of education. § 247. There shall be a board of education for such city, or city and county, which shall be composed of twelve school directors, elected as provided in this chapter, who shall hold office for tw^o years, and until their successors are elected and qualified. They shall have the same qualifications as to eligibility requisite for members of the board of alder- men. Said board shall organize immediately after the election and qualification of its members, by electing a president from among the di- rectors elected, and annually thereafter, and shall hold meetings monthly, and at such times as the board shall determine. A majority of all the members elected shall constitute a quorum to transact business, but a smaller number may adjourn from time to time. The board may de- termine the rules of its proceedings. Its sessions shall be public, and its record shall be open to public inspection. Superintendent of schools. § 248. There shall be elected by the qualified voters of such city and county, at the general state election, a superintendent of schools, who shall take office on the first Monday after the first day of January next following his election, and hold office for the term of four years, and until his successor is elected and qualified. He shall perform such duties as are prescribed by law. Powers of board. § 249. The board of education shall have power: Establish districts. 1. To establish school districts, and to fix and alter the boundaries thereof. Maintain schools. 2. To maintain public schools as organized at the time of the organiza- tion of such city, or city and county, under this act, and to consolidate and discontinue the saiue as the public good may require. Establish high schools. 3 To establish high, normal, and experimental schools for the educa- tion of teachers. Act 2348, § 249 GENERAL LAWS. 744 Employ and dismiss teachers, etc. 4. To employ and pay and to dismiss teachers, janitors, school-census marshals, and such mechanics and laborers, and such other persons as may be necessary to carry into effect the powers and duties of the board, and unless otherwise provided by law, to fix, alter, and allow paid their salaries and compensations, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid. Make and establish rules, etc. 5. Also to make and establish and enforce all necessary and proper rules and regulations for the government and efficiency of the schools, teachers, and pupils, and for the carrying into effect of the school system; and to establish and regulate, and grade the schools, the course of studies and mode of instruction therein; to investigate all charges of misconduct on the part of teachers and other employees of the board; to administer oaths and take testimony; to summon and enforce the attendance of and examine witnesses for such purpose before the board, or a member or committee thereof. Any person summoned and refusing to attend and testify shall be deemed guilty of a misdemeanor; and any person testify- ing falsely shall be guilty of perjury, and on conviction punished ac- cordingly. Provide fuel, stationery, etc. 6. To provide for the school department of such city, or city and county, fuel, lights, blanks, blank-books, books, printing, and stationery, and such other articles, materials, or supplies as may be necessary and appropriate for use in the schools, or in the office of the superintendent. Provide schoolhouses. 7. To build, alter, repair, rent, and provide schoolhouses, and furnish them with proper school furniture, apparatus, and appliances, and to in- sure any and all school property, and to use and control such buildings as may be necessary for the uses of the board and its committees. To purcha,se school lots. 8. To receive, purchase, lease, and hold in fee, in trust for such city, or city and county, any and all real estate and personal property that may have been or which hereafter may be acquired for the use and bene- fit of the schools of such city, or city and county. Grade school lots. 9. To grade, fence, and improve school lots, and in front thereof. To sue and be sued. 10. To sue for any and all lots, lands, and property belonging to or claimed by the school department of such city, or city and county, and to prosecute and defend all actions at law or in equity necessary to re- cover the full enjoyment and possession of said lots, lands, and property, and to require the services of the city, or city and county, attorney in all such suits and proceedings. 745 MUNICIPAL CORPORATION BILL. Act 2348, §§ 250-253 To superintend disbursement of school moneys. 11. To establish regulations for the just and equal disbursement of all moneys belonging to the school department, or to the pulilie school fund, and to make rules and regulations to secure economy and accountability in the expenditure of school money. To sell certain personal property. 12. To discharge all legal encumbrances existing upon any school prop- erty; to dispose of and sell such personal property used in the schools as shall no longer be required, and all moneys realized by such sales shall be paid into the city treasury to the credit of tbe public school fund. To lease lots, etc. 13. To lease, for the benefit of the public school fund, for a term not exceeding five years, any unoccupied property of the school department not required for school purposes; to prohibit any child under six years of age from attending the schools; 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. Who may administer oaths. § 250. The president of the board of education, the superintendent, and the secretary' shall have power to administer oaths or affirmations con- cerning any demands upon the treasury payable out of the public school fund, or other matters relating to their official duties or the school de- partment. Reports. § 251. It shall be the duty of each director to make quarterly reports to the board of the condition of the schools in their respective districts. Supplies, how furnished. § 252. It shall be the duty of the board of education to furnish all necessary supplies for the public schools. All supplies, books, stationery, fuel, printing, goods, material, building, repairs, merchandise, and every other article and thing supplied to or done for the public schools, or any of them, when the expenditure to be incurred is likely to exceed two hun- dred dollars, shall be done by contract, let to the lowest responsible bidder, after advertisement by the superintendent of schools; and the contract shall be entered into by the superintendent with the party to whom the contract is awarded; and the superintendent shall take care that such contract is carried out in strict accordance with the terms thereof. Bids and contracts, how made and awarded. §253. All bids or proposals made under the preceding section shall be delivered to the superintendent of schools, and said board shall, in open session, open, examine, and publicly declare the same, and award the con- tract, to the lowest responsible bidder; provided, said board may reject any and all bids, should they deem it for the public good, and also the bid of any party who may be proved delinquent or unfaithful in any Act 2348, §§ 254-258 GENERAL LAWS, 746 former contract with such city and county, or said board, and cause a republication of the notice for proposals as above specified. Any person may bid for any one article. Not to be interested in contract. § 254. Any school director, otficer, or other person officially connected with the school department, or drawing a salary from the board of educa- tion, who shall, while in office, or so connected, or drawing salary, be interested, either directly or indirectly, in, or who shall gain any benefit or advantage from any contract, payments under which are to be made in whole or in part of the moneys derived from the school fund, or raised by taxation or otherwise for the support of the public schools, shall be deemed guilty of felony, and on conviction, punished accordingly; and this provision shall not be construed to relieve such persons from any other penalty, but shall be deemed cumulative to and with other penal- ties and disabilities as to such acts and offenses. Annual report. §255. The board shall make and transmit, between the fifteenth day of January and the first day of February of each year, to the state super- intendent of public instruction, and to the mayor and municipal council of such city, or city and county, a report, in writing, stating the whole number of public schools within the jurisdiction, the length of time they have been kept open, the number of pupils taught in each school, the whole amount of money drawn from the treasury by the department dur- ing the year, distinguishing the amounts drawn from the general fund of the state from all other, and from what sources, and the manner and purpose in which such money has been expended, with particulars, and such other information as may be required from them by the state super- intendent, the municipal council, or the mayor. Evening school. § 256. The board shall provide evening schools, to be held in the public schoolhouses, for the benefit of those unable to attend the day schools, They shall make and enforce regulations requiring the teachers to keep records of the names, ages, and residences of all pupils, and the names and residences of their parents, and the aggregate attendance of each pupil during the year, and to verify and report the same on the thirty- first day of December to the board; and such other rules and regulations for the purpose of ascertaining the attendance and efficiency of the department and progress of education. Superintendent a member of board. §257. The superintendent of schools shall be ex officio member of the board of education without the right to vote. Clerk. § 258. Said superintendent shall appoint a clerk, subject to the ap- proval of the board of education, who shall act as secretary of said board. His salary shall be two hundred dollars a month. Said clerk 747 MUNICIPAL CORPORATION BILL. Act 2348, §§ 259-263 may be removed at the pleasure of the superintendent, and shall per- form such duties as shall be required of him by the board or the super- intendent. Report of superintendent. § 259. The superintendent shall report to the board annually, on or before the first day of August, and at such other time as the board may require, all matters pertaining to the expenditures, income, condition, and progress of the public schools of such city, or city and county, during the preceding fiscal year, with such recommendations as he may deem proper. He shall observe and cause to be observed, such general rules for the regulation, government, and instruction of the schools, not inconsistent v/ith the laws of the state, as may be established by the board. He shall attend the sessions of the board, and inform himself, at each session, of the condition of schools, schoolhouses, school funds, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of education in such city, or city and county. He shall acquaint himself with all the laws, rules, and regulations governing the public schools in such city, or city and county, and the judicial decisions thereon, and give advice on sub- jects connected with the public schools gratuitously to officers, teachers, pupils, and their parents and guardians. Shall visit schools. § 260. The superintendent of schools shall visit and examine the schools, and see that they are efficiently conducted, and that the laws and regulations of the board are enforced in all things, and that no religious or sectarian books or teachings are allowed in the schools, and to report monthly to the board. He shall also report to the state superintendent at such times as such officer shall require. Vacancy, how filled. §261. Any vacancy in the office of school director shall be filled for the remainder of the term by a person to be appointed by the board of aldermen. Vacancy in office of superintendent, how filled. § 262. In case of a vacancy in the office of superintendent, the board of aldermen may appoint a person to fill the vacancy until the next regular election, when the office shall be filled by the people. School fund. § 263. The school fund of such city, or city and county, shall consist of all moneys received from the state school fund; of all moneys aris- ing from taxes which shall be levied annually by the municipal council of such city, or city and county, for school purposes; of all moneys arising from 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. Said fund shall be kept in the city, or «ity and county, treasury, separate and distinct from all other moneys, and shall only be used for Act 2348, §§ 264-266 GENERAL LAWS. 748 school purposes under the provisions of this chapter. No fees or com- missions shall be allowed or paid for assessing, collecting, keeping, or disbursing any school moneys; and if at the end of any fiscal year any surplus 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 drawn from said fund, except under the provisions of this chapter. School fund, how used. §26-i. The said school fund shall be used and applied by said board of education for the following purposes, to wit: 1. 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, repair, rent, and furnishing of school- houses; 3. For the expenses of high, normal, and experimental schools; 4. For the purchase money or rent of any real or personal property purchased or hired by the board; 5. For the insurance of all school property; 7. For the discharge of all legal encumbrances now or hereafter exist- ing on any school property; 8. For lighting schoolrooms, and the oflSce and rooms of the superin- tendent and the board of education; 9. For supplying the schools with fuel, water, apparatus, blanks, blank- books, and necessary school appliances, together with books for indigent children; 10. 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; 11. In grading, fencing, and improving school lots. Claims, how allowed. §265, All claims payable out of the school fund (excepting coupons for interest in school bonds), shall be filed with the secretary of the board, and after they shall have been approved by a majority of all the members elect of the board, upon a call of "j'eas" and "nays" (which shall be recorded), they shall be signed by the president of the board and the superintendent of the public schools, and be sent to the city and county auditor. Every demand shall have indorsed upon it a cer- tificate of its approval by the board, showing the date thereof, and the law authorizing it, by title, date, and section. All demands for teachers' salaries shall be payable monthly. Demands on school funds. § 266. Demands on the school fund may be audited and approved in the usual manner, although there shall not, at the time, be money in the treasury for the payment of the same; provided, that no demand on said fund shall be paid out of or become a charge against the school fund of any subsequent fiscal year; and further provided, that the entire 749 MUNICIPAL CORPORATION BILL. Act 2348, §§ 267-270 expenclitures of the said school department, for all purposes, shall not, in any fiscal year, exceed the revenues thereof for the same year. Auditor to designate fund. §267. The city, or city and county, auditor shall state, by indorse- ment upon any claim or demand audited in the school fund, the particular monej' or fund out of which the same is payable, and that it is payable from no other source. Audited bills receivable for taxes. § 268. Audited bills for the current fiscal year for wages or salaries of the teachers in the public schools shall be receivable for school taxes due upon real estate. All demands shall be audited and paid in the usual manner. § 269. All lawful demands authorized by this chapter for school pur- poses shall be audited and approved in the usual manner, and the auditor" and treasurer of such city, or city and county, are respectively author- ized to audit and pay the same, when so ordered paid and approved by the said board; provided, that the said board shall not have the power to contract any debt or liability, in any form whatsoever, against such cit}', or city and county, in contravention of this chapter; and provided further, that the allowance or approval by the board of demands not authorized by this chapter shall be no warrant or authority to the auditor or treasurer to audit or pay the same. Board of education to make estimate. §270. It shall be the duty of the board of education of such city, or city and county, on or before the second Monday of September of each year, to report to the municipal council an estimate of the amount of money which will be required during the year for the purpose of meeting the current annual expenses of public instruction in such city, or city and couuty, specifying the amount required for supplies furnished pupils, for purchasing and procuring sites, for leasing rooms, or erecting buildings, and for furnishing, fitting up, altering, enlarging, and repairing buildings; for the support of schools organized since the last annual apportionment; for salary of teachers, janitors, clerks, and other employees, and 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 appor- tionments. The number of pupils who shall be considered as having attended the schools during any one year shall be ascertained by adding together the number of days' attendance of all the pupils in the com- mon schools during the year, and dividing the same by the number of school days in the year. Said municipal council is authorized and era- powered 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 educatiou. The amount so levied and collected shall not include the amount received annually from poll taxes. Act 2348, §§ 271-287 GENERAL LAWS. 750 No sectarian school shall receive school money. §271. No school shall receive any portion of the school moneys in which the religious doctrines or tenets of any particular Christian or other religious sect are taught, inculcated, or practiced, or in which any book or books containing compositions favorable or prejudicial to the particular doctrines or tenets of any particular Christian or other relig- ious 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. § 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 under or upon any pretense whatever. Any violation of this provision shall be a misdemeanor, and shall subject the offender, besides the punish- ment, 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 and shall be ousted by the board, or by any court of competent juris- diction, 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 im- plied, that any person shall, in consideration thereof, get the vote or influence of such member or officer for a situation as a teacher or employee of any kind in the school department, shall be deemed guilty of a felony, and on conviction, shall be punished accordingly. Article VII. — Miscellaneous Provisions. Laws which do not conflict with this act are continued In force. §286. All the existing provisions of law defining the duties of county officers, excepting those relating to supervisors and boards of supervisors, so far as the same are not inconsistent with, repealed, or altered by the provisions of this chapter, shall be considered as applicable to officers of any consolidated cities and counties, acting or elected under this chapter. 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 corporation to . which such reorganized 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 countr7, after its organization, and all funding acts and other la.ws pro- viding for the payments of principal and interest on any funded debt of such former corporation shall remain in force. The taxes which may be levied and collected in such city, or city and county, shall be uni- form throughout the same. Where provisions of this chapter shall apply. § 287. The provisions of this chapter concerning the following named officers, to wit: Sheriff, county clerk, recorder, coroner, and public 751 MUNICIPAL CORPORATION BILL. Act 2348, §§ 288-301 administrator, shall apply only to consolidated cities and counties. The provisions of this chapter relating to the district attorney shall, except in consolidated cities and counties, be deemed to apply to the city attorney; and no sheriff, county clerk, recorder, district attorney, coroner, or public administrator shall be elected in any municipal corporation under the provisions of this chapter, except in consolidated cities and counties. Duty of municipal council in the levy of taxes. § 288. The municipal council of any such consolidated city and county shall perform such duties in and about the levy and equalization of state and county taxes, and all other matters and things as are or may be pre- scribed by law for boards of supervisors of counties in like cases, and not inconsistent with the provisions of this chapter. CHAPTEE III. Municipal Corporations of the Second Class. (A charter for cities having a population of more than 30,000 and not exceeding 100,000.) Article I. — General Powers, Powers of municipal corporations of the second class. § 300. Every municipal corporation of the second class shall be en- titled the city of (naming it), and by such name shall have perpetual succession, 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 deemed necessary for estab- lishing hospitals, prisons, cemeteries, and industrial schools. Article IT. — General Provisions Kelating to OflSeers. Election, when held. § 301. The municipal election shall be held on the second Monday of March of each even-numbered year, and such election shall be subject fro all the provisions of the law regulating elections for state officers, except as otherwise provided in this chapter. At such election there shall be elected, 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 clerk of the city council; a city attorney; a school superintendent, and a street superintendent, who shall respectively hold office for the t rm of two years, and until their successors are elected and qualified. One council- man 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. Act 2348, §§ 302-307 GENERAL LAWS. 732 Bonds. § 302. The clerk and treasurer, superiutencleiit of public schools, street superintendent, and all other officers when required by the city council by ordinance, shall each, before entering upon his official duties, and within ten days after receipt of his certificate of election or appoint- ment, 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 additional amount, or new sureties, upon any bond which it may deem insufficient. If such additional security be not given, the council, upon notification thereof by the mayor, may, by vote of two-thirds of the members, declare the office vacant. Fees, etc., to be paid into treasury. § 303. All fees, percentages, and all other moneys received or col- lected by any officer of the city, shall be paid by such officer, at the end of 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 collected. No city officer shall be surety on bond of any corporate officer. § 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 corporate officer, nor shall he be, directly or indirectly, interested with or be surety for any person who may he interested in any franchise, contract, appropriation, 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 assessments levied under an ordinance of the council; nor shall any contract be awarded or franchise granted to any person, who may be surety on the official bond of any officer of the city. Vacancy, how filled. §305. If any officer of such city, or member of the city council, or board of education, shall remove from the city, or absent himself there- from 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 required, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the city council shall thereupon fill the vacancy upon nomination by the mayor. Oath of office. § 306. Every officer provided for in this chapter shall, before entering upon the duties of his office, take and file with the treasurer the consti- tutional oath of office; provided, that the oath of office of the treasurer shall be filed with the mayor. Salaries. §307. The salaries of the officers of such city shall be as follows: Mayor, one thousand dollars per annum; clerk and treasurer, two thou- 753 MUNICIPAL CORPORATION BILL. Act 2348, § 319 sand dollars per annum; assistant to the clerk and treasurer, one thousand two hundred dollars per annum; clerk of the police court, one thousand two hundred dollars per annum; clerk to the police court, nine hundred dollars per annum; city attorney, two thousand dollars per annum; street superintendent, one thousand eight hundred dollars per annum; captain of police, one thousand eight hundred dollars per annum; police detective, one thousand five hundred dollars per annum; school superintendent, two thousand dollars per annum; assistant school superintendent, one thousand two hundred dollars per annum; policemen, nine hundred dollars per annum each. The mayor may appoint a clerk, who 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. § 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 majority 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 a^'es and noes shall be taken and entered on the journal at the request of any member. They shall prescribe, 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 personal property within the limits of such city, moneys for the establishment and support of free common schools, and to provide suitable grounds and buildings therefor, and defraying the ordinary expenses of the city, as well as for paving, planking, 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 im- prove and regulate, streets, alleys, and lanes, and the sidewalks upon the same; to construct and keep in repair bridges, so as not to interfere with navigation, fences, public places, wharves, docks, ferries, piers, slips, sewers, and wells, and to make assessments therefor; to regulate and col- lect tolls, wharfage, dockage, and cranage, upon all water craft, and all goods landed; to make regulations for securing the health, cleanliness, ornament, peace, and good order of the city; for preventing and ex- tinguishing fires, and appointing and regulating firemen, policemen, and such other officers as may be necessary to appoint; for the care and regulation of prisons and markets; for licensing, taxing, and regulating all such vehicles, 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 Gen. Laws — 48 Act 2348, § 319 GENERAL LAWS. 754 streets and public grouiuls of the 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 the regu- lation and location of slaughter-houses, 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 slaughter- houses, or the slaughtering of animals within the limits of the city, and for prohibiting or suppressing the erection or carrying on of any soap or glue factory, tan-yard, powder magazine, or other nuisance within the limits of the city; and to declare what shall constitute a nuisance; and to make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws; and provide suitable buildings for the management, good government, and general welfare of the city. They shall also have power to pass such ordinance or ordinances as may be necessary to prevent animals from running at large within the limits of the city; to establish a pound, and appoint a poundkeeper, and prescribe his duties, and to provide for the public sale, tjy the poundkeeper, of such animals as may be impounded, in the same way and upon like notice that personal property is sold by execution under the laws of this state; provided, that the owner or owners of such property so impounded may reclaim the same at any time before sale, upon payment of costs and charges of taking up and impounding; and, within thirty days after the sale, upon proof of ownership of the property sold, duly made before the mayor, and upOn payment of the costs and expenses of impounding and selling, and upon the payment of the surtl of one dollar to the mayor, as a fee for the investigation of the question of ownership, and for his certificate to that effect, such owner or owners may receive the purchase money arising from such sale or sales. Penal- ties for the violation of any and all ordinances shall be by fine not exceeding one hundred dollars, and in case the fine be not paid, then the person or persons may be imprisoned at the rate of one day for every two dollars of the fine imposed, or in lieu of the imprisonment, or any part of it, the person or persons so fined shall labor, under the direction of the city authorities, either upon the streets, public grounds, or buildings, or in such other places as may be deemed advisable for the benefit or revenue of said city. The city council, upon the nomination of the mayor, shall have power to appoint suitable persons to fill vacan- cies in any elective office, except that of mayor, until the next regular municipal election, when, if the term be unexpired, an election shall be held to fill such vacancy for the unexpired term of said officers. The members of the city council shall receive no salary for their services. They shall have power to provide for all city elections, to designate the place or places of holding the same, giving at least ten days' notice thereof; to appoint inspectors and judges of election, examine the re- turns, and declare the result, and to determine contested elections. 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, 755 MUNICIPAL CORPORATION BILL. Act 2348, ! 320 or be unable, from sickness, to attend to the duties of hig office. In the absence of the clerk, the city council shall appoint one of their mem- bers 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 hani^s 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 surplus money which may belong to the city, after paying said expenses and interest, redeem or purchase for the city, and in its name, in tlie manner most advantageous to the city, any outstanding bonds, which bonds or claims, when so purchased, shall be immerliately canceled; pr;;- 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" become due and payable; they shall also have the power to detrrmine the width of sidewalks, and the material and manner of their construc- tion, 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 erec- tion 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. § 320. Said council shall also have power: Construction of sinks, etc. 1. To regulate the construction of sinks, gutters, wells, cesspools 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 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 obstruct the same or pollute the water thereof. Open streets. 4. To open streets to the channel of any navigable 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 maintain 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 construction of entrances to basements or cellars from the sidewalks. Act 2348, § 321 GENERAL LAWS. 756 License hacks, etc. 6. To establish hack-stands, and to regulate the rates of charges of hacks and other licensed vehicles, 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. Begulate speed of railway engines. 8. To regulate the speed of railway engines in the city, and to require railroad companies to station 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, previously published in some newspaper published in the city, and by ordinance passed by the vote of two-thirds of the members elected to said council, approved by the mayor, and upon the previous petition, in writing, 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, lec- ture-rooms, public halls, and churches, and to prohibit the placing of chairs, stools, benches, or other obstructions in the aisles of such build- ing. Railway companies to keep certain streets in repair. 10. 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. § 321. They shall also have the exclusive right, in the manner pre- scribed by ordinance, of issuing and granting licenses, and of collecting tax licenses for the benefit of the city, upon the following business and property, to wit: Upon each and every person within the limits of the city who shall vend any goods, wares or merchandise, wines, distilled or fermented liquors, drugs, medicines, jewelry, or wares of precious metals; upon persons who keep horses or carriages for rent or hire; upon per- sons keeping billiard-tables for hire, bowling-alleys, and shooting- galleries; also upon all taverns, innkeepers, 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 profit, which 757 MUNICIPAL CORPORATION BILL. Act 2348, §§ 322-325 license shall be a yearly license; all of which licenses when granted by such city and duly obtained by the person or persons desiring the same, shall entitle them to carry on such business, trade, or profession in such city. Sales and leases of city property. §322. All sales or leases of property belonging to the city shall be by public auction to the highest bidder, and upon such terms and con- ditions as the council may by ordinance direct; and all contracts for sup- plies, of any kind, for more than five hundred dollars- shall be let to the lowest 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. § 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 accordance herewith. Ordinances. §324. The enacting clause of all ordinances shall be as follows: "The mayor and council of the city of do ordain as follows." Every ordinance passed by the city council shall be presented to the mayor for his approval; if he approve 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 pub- lished for one week in a newspaper printed and published in such city, as often during such period as such newspaper shall be published. Fixing rate of taxation. § 325. The council shall, upon the first Monday of October, in each year, fix the rate of taxation to be levied upon all property, both real and personal, in said municipality necessary to raise sufficient revenue to carry on the various departments of the city government for the then ensuing year, not to exceed one dollar for each one hundred dol- lars upon the assessment-roll, and to pay the bonded and other indebted- ness of said city. The said council must, upon fixing said amount, transmit a statement thereof to the county auditor. 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 personal, in the said city, and borne upon the asse.«sment-roll of said county, and has the effect provided in sections 3716, 3717, and 3718 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 assess- ment-book, the respective sums, in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumer- ated, for the purposes of such city government, and foot up the column, Act 2348, §§ 326-329 GENERAL LAWS. 758 showing the total amount of such taxes. The taxes so levied and com- puted 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 county 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, under the provisions of this chapter, shall have the same force and effect in evidence as is of may hereafter be provided by law for deeds for prop- erty sold for nonpayment of state or county taxes. The county treasvirer must, at any time upon the 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 receive, as compensation for all services rendered under this section as tax col- lector and treasurer, one-third of one per cent of all moneys collected and paid over to the city treasurer, but not to exceed in all one thou- sand 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. Vote by yeas and nays in certain cases. § 326. In all matters before the city council concerning the grant- ing of franchises, letting of contracts, auditing of bills, ordering of work to be done or supplies to be furnished, or whatever may involve the payment of money, or incurring of debt by the city, the vote shall be by yeas and nays, and be recorded in the journal. Restriction on members. § 327. No member of the city council shall vote in the council upon any motion, resolution, or ordinance, in favor of any franchise, con- tract, bill, award, or appropriation, in which he may have any pecuniary interest, present or prospective. Debts, § 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 evidence of indebtedness be issued, unless there be at the time sufficient money in the treasury legally applicable to the payment of the same, except as hereinafter provided. Debt, how incurred and paid. § 329. . If, at any time, the city 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 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 759 MUNICIPAL CORPORATION BILL. Act 2348, §§ 330-332 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 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 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 collected upon ail the real and personal property subject to taxation within such city, sufficient to pay the interest on such indebtedness as it falls due; and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council, in each year thereafter, at the time at which 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 exclusively appropriated to the pay- ment 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. § 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 expenditures, including a general fund, and the percentage 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. § 331. Any city having a bonded indebtedness, contracted, under laws heretofore passed, shall levy such taxes for the payment of such indebtedness, and the interest thereon, as are provided for in such laws, in addition to the taxes herein authorized to be levied. All moneys received from licenses, and from fines, penalties, and for for- feitures, shall be paid into the general fund. Opening new streets. § 332. The city council shall have power, upon 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 expense of surveying and mapping out the same, and when said streets Act 2348, §§ 333-337 GENERAL LAWS. 760 are so laid out and opened, the provisions of this chapter shall be applicable thereto. License on common carriers. § 333. The city council of said city shall have power to issue and collect an annual tax license on diaymen, cabmen, omnibus proprietors, expressmen, and other common carriers doing business in the city, the proceeds of said licenses to be devoted to a street- department fund for keeping in repair the streets in the city. Said annual license not to be more than twelve dollars nor less than eight dollars for such persona so licensed. Wideaiing streets. § 334. 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 ex- penses of such improvement upon the property benefited, as hereinafter provided. Proceedings, how commenced. § 335. All proceedings under said power shall be commenced by petition of five or more residents and freeholders within the city, signed by the petitioners, 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 statement that each of the petitioners is a resident and freeholder within the city; 2. A statement that, in the opinion of the petitioners, the public inter- ests require that the improvement asked for (describing it generally) should be made; 3. A request that the common council proceed to order the improve- ment made. Duty of council. § 336. At the regular meeting next after the meeting at which the petition is presented to the council, or at any subsequent meeting to which the proceedings may be regularly adjourned, the said council may, by resolution duly passed, determine the lands to be benefited by the improvement asked 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 thereby, 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 of which resolution shall be forth- with transmitted by the clerk of said council to the said city engineer. Duty of city engineer. § 337. It shall be the duty of the city engineer, immediately upon receiving a copy of the resolution mentioned in section 4, to survey the lands described in said resolution and make a map thereof, and to ;6i MUNICIPAL CORPORATION BILL. Act 2348, §§ 338-340 return said map to said council within twenty (20) days from the receipt by him of said copy of the resolution; said map shall sliow each piece, tract, or parcel of land necessary to be taken and condemned for said improvement, and also the exterior boundaries of the district to be benefited by such improvement and to be assessed 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 sur- veys thereof, and such entry shall constitute no cause of action in favor of the owners of said lands, except for injuries resulting from negligence, wantonness, or malice. Preliminary resolution. § 338. The council, at its regular meeting next after the return of the map by the city engineer, shall pass a preliminary resolution, declar- ing the intention of the corporation to make the improvement asked for in the petition. Said resolution shall contain a description of each piece, lot, or tract of land necessary and sought to be taken and con- demned for the improvement, and also the exterior boundaries of the district of lands to be benefited thereby, and assessed for the expenses thereof; the resolution shall also specify a time, not more than fifteen (15) days from the 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 nonjudicial days excepted), for at least ten (10) days prior to the time fixed for said hearing. Objections. § 339. If a majority of the owners of the lands in area to be assessed for the expenses of said improvement shall, on or before the day fixed by eaid resolution for the hearing of objections, appear and protest against said improvement, the proceedings shall be discontinued; pro- vided, however, 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 members, approved by the mayor, proceed to cause such improvement to be made, notwithstanding such protest. Final resolution. § 340. If the owners of a majority in area of the property to be assessed for the expenses of said improvement fail to appear and pro- test as provided in section 7, or if the council, by a unanimous vote, approved by the maj-or, order said improvement to be made, said council must immediately pass a final resolution, declaring such deter- mination. Such resolution shall refer to the said preliminary resolu- tion, by its number, for a description of the lands necessary and sought to be taken and condemned for said improvement, and the district to be assessed for the expenses thereof. Act 2348, §§ 341-344 GENERAL LAWS. 762 Commissioners to assess damages, § 341. Immediately after the passage of such final resolution, the council shall apply to the superior court of the county in which such city is situated, either in term time or vacation, by petition, for the appointing of three commissioners to assess the compensation which shall be paid to the owners thereof for the lands sought to be taken 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 premises, 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 thereby, 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 lands aforesaid. Duty of court. § 342. Upon filing such petition, such court shall pass and take such jurisdiction of such proceeding, and such court, or a judge thereof, shall, by order, fix a day for the hearing of such petition, which shall be not 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. Requisites of notice. § 343. Such notice shall specify the exterior boundaries of the lands sought to be taken for such improvement, and of the lauds declared to be profited thereby and to be assessed for the expenses 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 same will be inquired into and determined, and that such damages, together with the cost of the proceedings for the acquiring title to such lands, and making apportionment thereof, will be apportioned and assessed upon the lands to be benefited thereby, by commissioners to be appointed by such court, on the day fixed by such order for the hearing. Such notice shall be published daily for at least ten days (Sundays and nonjudicial days excepted) before such hearing. Hearing. § 344. At the tim.e fixed for the hearing, or at such other time as the hearing may be adjourned to, the court shall proceed to hear any per- son interested touching the regularity of the proceedings, and if satis- fied that the proceedings have been regular, shall appoint three com- petent and disinterested 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 occurring among them from any cause. Any persons interested may object to the appointment of any person as commissioner, on one or more of the grounds specified 763 MUNICIPAL CORPORATION BILL. Act 2348, §§ 345, 3 10 in section 641 of the Code of Civil Procedure, as grounds for the ob- jection to the appointment of persons as referees. Duty of commissioners. §345. Commissioners shall be sworn to faitlifully perform their duties according to the provisions of this chapter. They shall then proceed to view the lands mentioned and described in such resolution and petition, and may examine witnesses 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 par- taking of the realty, and of each and every estate therein; if it con- sist of different parcels, the value of each parcel and each estate, or interest therein, shall be separately appraised; if this property 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 improvement in the manner proposed shall be ap- praised 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 improvement aforesaid, including the costs of court 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 by 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 proportion to the benefits received by it from said improvement. Report. § 346. The said commissioners, within 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 of 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 improvement, or of his or her estate, therein; 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 describe such remaining portion, and specify the 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. Act 2348, §§ 347-351 WENERAL LAWS. 7G4 Objections. § 347. Upon the filing of such report, the said court shall, by order, fix a day for hearing objections 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 newspaper published in said city, for at least ten days (Sundays and nonjudicial days excepted), prior to said day of hearing. Hearing report. § 348. Upon the day fixed for the hearing, the court shall proceed to hear any person interested upon any question touching the regularity of the proceedings, the sufficiency of the compensation awarded, or the jus tice or equality of the assessment, and may confirm said report or set the same aside, or remand the same for correction or alteration in any particular. If the report be set aside, the matter may in like manner be referred to the same or new commissioners appointed by the court, who shall proceed as hereinbefore provided; if the report be remanded, it shall be corrected, or altered in any particular required by the court. Compensation of commissioners. § 349. The commissioners shall be entitled to reasonable compensa- tion for their services, to be certified to by the court, and taxed as part of the expenses of the proceeding. Judgment, what to contain. § 350. Upon confirmation of the report of the commissioners, judg- ment shall be rendered by the court thereon, which judgment must de- scribe each parcel of land taken for such improvement, and the amount to which the owner is entitled as compensation or damages for the tak- ing 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 remaining portion, and the amount, if anything, to which the owner 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 shall direct a sale of each parcel so assessed, or so much thereof as may be necessary to pay the amount of such assessment and expenses of sale, and the application of the proceeds of such sale to the payment of the expenses of such sale, and the amount of compensation and damages awarded by such judgment. Such judgment shall be a lien upon the property against which such assessment is made, and may be enforced by a sale of the property assessed, as hereinafter provided. Enforcem-ent of judgment. §351. Within thirty days after the entry of such judgment, the per- sons liable must pay to the clerk of the court, for the benefit of the par- ties entitled thereto, the several amounts specified in such judgment, in default of which the respective parcels of land upon which such assess- ments 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 7G5 MUNICIPAL CORrORATION BILL. Act 2348, §§ 352-358 by law for the sale of property upon decree of foreclosure of mort- gage. Money, to whom paid. § 352. The moueys realized from such sale shall be paid by the officer makiug the same, to the clerk of the court, for the benefit of the parties entitled thereto. Final order. § 353. Whenever the aggregate amount of damages or compensation awarded by such judgment shall have been paid to the clerk, either by voluntary payment or as moneys realized from sales under such judg- ment, the court must make and enter a final order or decree of condem- nation of the lands taken for such improvement, which order or decree shall describe the property condemned and the purpose of such con- demnation. When title vests. §354. A copy of such order or decree must be filed in the ofiice of the recorder of such county, and thereupon, the property described therein shall vest in such city for the uses and purposes therein specified; and such city shall be entitled to and may take immediate possession thereof. Payment of awards. § 355. Whenever the aggregate amount of damages or compensation awarded by such judgment shall have come to the hands of the clerk, he shall,' upon the demand of any person entitled thereto, pay to said party the amount awarded to him or her by said judgment. Where more than one claimant. § 356. If there is more than one claimant to any parcel of land taken for such improvement, or if the owner of any parcel is unknown, the amount awarded as damages or compensation for the taking thereof shall remain in court to be awarded to the true owner by due process of law. Appeal. § 357. Any party feeling aggrieved by any proceedings, orders, or judgments of such court herein provided for may appeal to the supreme court, as in other cases. Appointment of police. § 358. The city council shall not have power to appoint a greater number of policemen than shall be equal to one for every one thousand of the population of such city. No policeman or member of the fire department shall be removed from office except upon the order and di- rection of the mayor, and after charges in writing have been made against him, and evidence upon the same shall have been heard in pub- lic in the mode and manner to be prescribed by ordinance. Act 2348, §§ 359-372 GENERAL LAWS. 766 Supply of gas and water. § 359. All gas and water pipes laid in any paved, maoadamized, or graded street must be of sufficient capacity to afford a free supply of gas or water for the estimated necessities of such street, and the district to be supplied bj^ such pipes, for a period of not less than five years from the time of laying the same; which estimate of necessity and capacity shall be made by the city engineer, and approved by the coun- cil. It shall be the duty of the council, by ordinance, to prescribe regu- lations for the laying of gas and water pipes in the public streets. Article IV. — Executive Department. Duty of mayor. §370. The mayor shall preside at all meetings of the city council, but the council shall elect a president pro tempore to preside during his absence. He shall communicate to the council semi-annually, or oftener if necessary a general statement of the situation and condition of the city, together with such recommendations relative thereto as he may deem expedient. He shall be vigilant and active in causing the ordi- nances of the city to be executed and enforced. He shall be the head of police, and shall exercise a supervision and control over the conduct of all subordinate officers, and receive and examine into all complaints preferred against any of them for violation or neglect of duty, and certify the same to the council. He shall sign all ordinances and con- tracts made on behalf of the city, and countersign all licenses and warrants on the treasury. He shall keep accounts current with every officer charged with the receipt or disbursement of money, and perform all the duties of an auditor. He shall perform such other duties as may be prescribed by law or ordinance. Allowance of demands. § 371. Every demand upon the treasury, except for the salary of the mayor, must, before it can be paid, be presented to the mayor, to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and w^hether the payment thereof from the treasury of the city is authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word "Allowed," with the 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 mayor, or of the city council, or of any other board or officer, of any demand which upon the face of it appears not to have been expressly made by law payable out of the treasury or fund to be charged therewith, shall afford no warrant to the treasurer or other disbursing officer for paying the same. The demand of the mayor for his salary shall be audited and allowed by the president pro tempore of the city council. Duty of chief of police. § 372. The chief of police shall execute, within the city, and return all process issued and directed to him by the city justices, or either of them, arrest all persons guilty of a breach of the peace, or of a viola- 767 MUNICIPAL CORPORATION BILL. Act 2348, §§ 373-376 tion of any ordinance of the council, and take them before the proper magistrate within the city; and do and perform such other duties as may be prescribed by ordinance or may be required by the mayor. Effect of records of street superintendent. § 373. The records kept by the street superintendent of the city, and signed by him. shall have the same force and effoct as other public records, and copies therefrom, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wighing to examine them, free of charge. OfiRce of street superintendent. § 374. The street superintendent shall keep a public office in some convenient place to be designated by the city council, and such records as may be required by law. He shall superintend and direct the clean- ing of all the sewers in the public streets, and the expense of the same shall be paid out of the street department fund, and perform all duties required hy law or ordinance of such city. Duty of street superintendent. § 375. It shall be the duty of the street superintendent to see that the laws, orders, and regulations relating to the public streets and high- ways are fullj' carried into execution, and that the penalties therefor are regularly enforced. He shall keep himself informed of the condi- tion of all public streets and highways, and also of all public buildings, parks, lots, and ground of the city, as may be prescribed by the council; and should he fail to see the laws, orders, and regulations relative to the public streets and highways carried into execution, after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in person or property in consequence of such neglect. No recourse on city for certain damages. § 376. If, in consequence of any graded street or public highway, im- proved under the provisions of this chapter, being out of repair, and in a condition to endanger persons or animals passing therein, any person while carefully using such street or public highway, and exercising ordi- nary care to avoid such danger, suffer damage to his person, or if any animals or other property, being lawfully ridden, driven, or conveyed through such street or public highway, be injured, lost, or destroyed through any such defect therein, no recourse for damages thus suffered shall be had against the city; but if such defect in such street or public highway shall have existed for a period of twenty-four hours or more after notice to the street superintendent, then the street superintendent, and also all other officers through whose official negligence sucli defect shall have remained unrepaired, shall jointly and severally be liable to the party injured for the damages so sustained. Act 2348. §§ 377-391 GENERAL LAWS. 768 City engineer, appointment of, and duties. § 377. The city council shall have power to appoint a city engineer, and by ordinance to prescribe his duties and fix his compensation, not to exceed eighteen hundred dollars per annum. It shall be the duty of the city engineer to do the surveying and other work necessary to be done by law or any ordinance of said city, and to survey, measure, and estimate the work done and to be done under contracts for grading streets; and every certificate of work done by him, signed in his offi- cial capacity, shall be prima facie evidence in all the courts of this state of the truth of its contents; he shall also keep a record of all surveys made by him. Duties of treasurer. § 378. The treasurer shall receive and pay out all moneys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed by ordinance; 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 he shall keep all the papers and documents belonging to the city, attend the meetings of the council, and keep a journal of their proceedings, and a record of all their ordinances, and shall do all other things required of him by ordinances. Reports of officers. §379. It shall be the duty of the several elected and appointed offi- cers of said city, whenever required by the city council, to make re- ports, to the said council, and in the manner required of them, and in their reports to embody all the matters and information required per- taining to the duties of their respective offices. Other necessary affairs. § 380. The city council may provide by ordinance for the election or appointment of any other officer or officers necessary for the good gov- ernment of the city, and the proper administration of the pulilic inter- est, and shall prescribe their duties and terms of office, and fix their compensation. Article V. — Judicial Department. Police court. § 390. 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 desig- nated 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. § 391. The police court shall have exclusive jurisdiction of the follow- ing public offenses committed in the city: 1. Petit larceny; 769 MUNICIPAL CORPORATION BILL. Act 2348, §§ 392-305 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, committing willful injury to property, and all misdemeanors punishable by fine or by imprisonment, or by both such fine and imprisonment; 4. Of proceedings respecting vagrants, lewd or disorderly persons. Jurisdiction. § 392. Said court shall also have exclusive jurisdiction of all pro- ceedings 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. § 393. Neither of said justices shall sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree, and in case of the sickness 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. § 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 acquit, and carry his judgment into execution as the case may require, according to law, and punish persons guilty of contempt of court; and shall have power to issue warrants of arrests in case of a criminal prosecution for a violation of a city ordinance, as well as in case of the violation of the criminal law of the state; also all sub- poenas, and all other processes necessary to the full and proper exercise of his powers and jurisdiction; and in such of 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 defendant shall be entitled to trial by jury in the superior court. Clerk of court. § 395. The police court shall have a clerk, to be appointed by the city council, upon the nomination of the mayor, who shall hold office during the pleasure of the council. The clerk shall keep a record of the proceedings of and issue all process ordered by the city justices, or either of them, or by said police court, and receive and pay weekly into the city treasury all fines imposed by said 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, and all fines im- posed and uncollected, since his last report. He shall prepare bonds, justify bail, when the amount has been fixed by either of the city jus- tices or said court, in cases not exceeding one hundred dollars, and may administer oaths. The clerk shall remain at the courtroom of said Gen. Laws — 49 Act 2348, §§ 396-401 GENERAL LAWS. 770 court during business hours, and during such reasonable times thereafter as may be necessary for discharging his duty. Before receiving his? salary, each or any month, he shall make and file with the auditor 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 this 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 mayor, conditioned for the faithful discharge of the duties of his office. Disposition of moneys, § 396. 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 Tues- day of each month; and all bills for fees and costs due the officers of said court shall be reported to the city council each month. Dockets. § 397. The city council shall furnish a suitable room for the holding of said court, and shall also furnish the necessary dockets and blanks. One docket shall be styled "The City Criminal Docket," in which all the criminal business shall be recorded, and each case shall be alphabeti- cally indexed; another docket shall be styled "The City Civil Docket," and it shall contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest, and each case shall be properly indexed. A third docket shall contain all the other business appertaining to the office of said city justice, and in all cases the docket shall contain all such entries as are required by law to be made in justices' dockets; and in any case tried before the court, the docket 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. § 398. The police court shall be always open, except upon nonjudicial days, and then for such purposes only as by law permitted or required of other courts of this state. Appeals. §399. Appeals may be taken from any judgment 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 like cases. Place of imprisonment. §400. In all cases of imprisonment of persons 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 labor, shall labor in the city. Seal. § 401, Said court shall have a seal, to be furnished by the city. 771 MUNICIPAL CORPORATION BILL. Act 234S, §§ 402-412 Monthly report. § 402. Tlie 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 re- quired 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. §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 warrants and other process issued out of said court, and all acts done by said court, and certified 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. Article VI. — Educational Department. Board of education. § 410. The government of the school department of the city shall be vested in a board of education, to consist of seven members, to be called school directors. One school director shall be elected from each ward at the regular municipal election, by the vote of the city at large, and shall hold office for the term of four years, and until his successor is elected and qualified; provided, that the first board of education elected 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 tlie expiration of two years, and four at the expiration of four years. Organization. § 411. The board of education shall meet on the first Monday after their election, and elect one of their number president, and shall hold meetings at least once in each mouth thereafter at such times as shall be determined by a rule of said board. A majority of all the mem- bers elected 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 vacancies occurring in the board until the next .egular municipal election. Power of board. §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 mar- shals, and to fix, alter, allow and order paid their salaries or compen- Act 2348, § 412 GENERAL LAWS. V72 sation, and to employ and pay siicli mechanics and laborers as may be necessary to carry into effect the powers and duties of the board, and to withhold, for good and sut3ficient cause, the whole or any part of the salary or wages of any person or persons employed 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 public schools within the city, the teachers thereof, and the pupils therein, and for carrying into effect the laws relating to education; also to establish and regulate the grade of schools, and determine what text-books, courses of study, and mode of instruction 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 stationery, 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 schoolhouses, and furnish them with proper school furniture, apparatus, and appliances, and to insure any and all such school property. To hold property in trust. 6. 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 the benefit of the public schools of the city; provided, that no real estate shall be bought, sold, or exchanged, or expenditures incurred for the construction of new schoolhouses without the consent of four members of the board of education and four members of the city council; ami provided further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots, or the erection of schoolhouses; and the city council of the city is hereby authorized and required to make over to said board of education, upon application in writing by said board, through its president and secretary, by good and sufficient deeds of conveyance, all property, both real and personal, 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, lands and property belonging to or claimed by the said school department, and to prosecute and defend 773 MUNICIPAL CORPORATION BILL. Act 2348, §§ 413, 414 all actions 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 requircnl for the sup- port of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this provision the board shall, on or before the first Monday in February of each year, sub- mit 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 assessed and collected for city purposes; provided, that the amount to be thus assessed for school purposes shall not exceed thirty cents on each one hundred dollars valuation upon the assessment-roll, iDut may be increased to forty cents by consent of two- thirds of the city council, and that when collected it shall be imme- diately 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. Demands. 11. To examine and allow, in whole and in part, every demand pay- able out of the school fund, or to reject any such demands for good cause. Encumbrances. 12. To discharge all legal encumbrances 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. Other acts. 14. And generally to do and perform such other acts as may be nec- essary 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. § 413. The president of the board of education 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. , , ^ . , , §414. All contracts for building shall be given to the lowest bidder therefor offering adequate security, to be determined by the board, Act 2348, §§ 415, 416 GENERAL LAWS. 774 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. § 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 declared void, and any director or superintendent violating or aiding in violating the provisions of this section shall be deemed guilty of msdemeanor, and shall be punished by fine of not less than one hundred dollars nor more than one thousand dollars. City board of examiners. § 416. No teacher shall be employed in any of the public schools without having a certificate issued under the provisions of this chapter. For the purpose of granting the certificates required, the board of edu- cation shall appoint a city board 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 the 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: Rules. First. To adopt rules and regulations not inconsistent with the laws of this state for its own government, and for the examination of teach- ers. Examination. Second. To examine applicants, and to prescribe a standard of pro- ficiency which will entitle the person examined to a certificate. Certificates. Third. 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; Fourth. Without examination, to grant city certificates and fix the grade thereof to the holders of state life diplomas, state educational diplomas, state normal school diplomas, state university diplomas (when recommended by the faculty of the university), state certificates, city certificates granted in other cities of this state, and life diplomas, and state normal school diplomas of other states; Fifth. To revoke or suspend for immoral or unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, any certificate granted by them. 775 MUNICIPAL CORPORATION BILL. Act 2348, §§ 417-421 Secretary. § 417. The school superintendent shall act as secretary and book- keeper of the board of education, and perform all clerical duties re- quired by such board. In the absence of the superintendent, the board of education may appoint one of their own number to act as secretary.* The school superintendent may appoint an assistant at a salary of one hundred dollars per month. The superintendent 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, § 418. The superintendent shall report to the board of education an- nually, and at such other times as they may require, all matters per- taining to the expenditures, income and condition and progress of the public schools of said city during the preceding year, with such recom- mendations as he may deem proper. Duty of superintendent. § 419. It shall be the duty of the superintendent to visit and ex- amine each school at least once a month, to observe, and cause to be observed, such general rules for the regulation and government and in- struction of the schools, not inconsistent with the laws of the state, as may be established by the board of education; to attend the sessions of the board, and inform them at each session of the condition of the public schools, schoolhouses, school fund, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advaucement of education in the city. He shall acquaint him- self with all the laws, rules, and regulations governing the public school^ in said city, and the judicial decisions thereon, and give advice on sub- jects connected with the public schools, gratuitously, to officers, teachers, pupils, and their parents and guardians. Vacancy. §420. In case of vacancy in the office of suporintondont, the board of education shall have power to fill the vacancy until the next ensuing municipal election. School fund. § 421. The school fund of the city shall consist of all moneys re- ceived from the state school fund; of all moneys arising 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 sepa- rate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. If, at the end of any fiscal year, any surplus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal Act 2348, §§ 422-424 GENERAL LAW3. 776 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. * § 422. The said school fund shall be used and applied by said board of education for the following purposes, to wit: 1. 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 encumbrances on any school prop- erty; 6. For lighting schoolrooms, and the offices and rooms of the super- intendent and board of education; 7. For supplying the schools with fuel, water, apparatus, blanks, blank- books, and necessary school appliances, together with books for indigent 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 superintendent and assistant superintendent; 10. For grading and improving all school lots, and for grading, sewer- ing, planking, or paving and repairing streets, and constructing and repairing sidewalks in front thereof. Claims. § 423. 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 majority of all the members elect of said board, upon a call of the ayes and noes, which shall be recorded, they shall be signed by the president of the board and by the superintendent, and be sent to the city treasurer. Every demand shall have indorsed upon it a certificate of its approval. All demands for salaries shall be paid monthly. Debt not to be in excess of income, § 424. All demands authorized by this article shall be paid by the city treasurer from the school fund, when the same shall be presented to him, ordered paid, and approved by the board: provided, that the said board shall not have power to contract any debt or liabilities, in any form whatsoever, 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. 777 MUNICIPAL CORPORATION BILL. Act 2348, §§ 425-501 Auditor to certify. §425. It shall be the duty of the auditor of the county in which any such city may be situated, upon the first Monday in each mouth, and at such other times as he may deem proper, to certii'y 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 received during the previous month. The county superintendent shall, upon re- ceipt of such certificates, 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 direct upon the same the county treasurer to pay the sum desig- nated upon such certificate to the treasury of such city for the use of the school fund thereof. Treasiirer to pay. § 426. The treasurer of such county shall thereupon pay to the treas- urer of such city the 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 revenue derived by such city from the state school fund, and the state school tax, shall be ap- plied by said board of education exclusively to the support 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 Powers. Third class. § 500. Every municipal corporation of the third class shall be ontitled the city of (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and all pro- ceedings 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. City officers. §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 consist 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 attorney, and such other and inferior ofiicers as the common council may appoint. Act 2348, §§ 502-505 GENERAL LAWS. 778 Election and tenure. § 502. The aldermen, mayor, police judge, city attorney, and assessor shall be elected by the qualified electors of such city, at a general mu- nicipal election to be held therein on the second Tuesday in March, in each even-numbered year. The mayor, police judge, city attorney, and assessor 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. The members of the common coun- cil and board of education 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; provided, that the first common council elected 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 further, that the first board of education elected under the provisions of this chapter shall, 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 expiration of four years. Other officers appointed. § 503. All other officers, except as otherwise in this chapter provided, shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for the period of two years from and after the date of such appointment, and until their successors are appointed, elected, and qualified. Bonds. §504. The common council shall, by ordinance, determine what officers shall give bonds for the faithful performance of their duties, and fix the amount of such bond; and each of such officers 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 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 approved 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 pro- visions 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. § 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 ap- pointment by the common council upon the nomination of tho mayor, but if such office be elective, such appointee shall hold office only until 779 MUNICIPAL CORPORATION BILL. Act 2348. §§ 506 •' f>? the next regular election, at which time a person shall be electee', to serve for the remainder of such unexpired term. Compensation. §506. The aldermen and school directors shall receive no compensa- tion whatever. The annual salaries of other officers shall be as follows: Mayor, one thousand two hundred dollars; police judge, one thousand eiglit hundred dollars; assessor, one thousand eight hundred dollars; city attorney, one thousand five hundred dollars; street superintende/it, one thousand two hundred dollars; clerk and auditor, one thousand fve hundred dollars; tax and license collector, one thousand two hundred dollars; treasurer, one thousand dollars; water-rate collector, one thou- sand two hundred dollars; school superintendent, one thousand five hun- dred dollars; all of which salaries shall be paid monthly. Elections. § 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 elector of the county, enrolled upon the great register thereof, and shall have resided in such city for 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 compensation, and establish and change election precincts and polling-places; provided, 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 register of the county shail be used, and any elector whose name is not upon such printed register shall be entitled to vote upon producing and filing with the board of election a certificate, under the hand and ofi5cial seal of the county clerk, showing that his name is registered and uncanceled upon the great register of such county, provided that he is otherwise entitled to vote. Eligibility to office. §508. No person shall be eligible to or hold any oflfice 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; provided, however, that the provisions of this section shall not apply to school superintend- ents or school teachers. One alderman and one school director shall be elected 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 resi- dent during his term of office, and if he shall fail to so continue a resident of such ward, his office shall, by reason thereof, immediately become va- cant. Free library. §509. The trustees of any free public library created or existing in Buch city under the provisions of an act entitled "An act to establish Act 2348, §§ 520-523 GENERAL LAWS. 780 iventy-sixth, I incil in the ' free public libraries and reading-rooms," approved April twei eighteen hundred and eighty, shall be appointed by the coui same manner as other officers are appointed under the provisions of this chapter, anything in the provisions of said act to the contrary notwith- standing. Article III. — Legislative Department. Common council — Meetings. §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 specified for the proposed meeting. All meetings of the common council shall be held within the corporate limits of the city, at such place as may be designated by ordinance, and shall be public. Mayor to preside. § 521. At any meeting of the common council, 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 at- tendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The mayor shall preside at all meetings of the council, and in case of his absence, the council may appoint a president pro tem.; 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. §522. The common council shall judge of the qualifications of its members, and of all election 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 be- havior 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. Light and water ordinances. §523. No ordinance, and no resolution or order for the payment of money, for granting any franchise, for lighting or watering streets, or for supplying water for municipal purposes, shall be passed by the com- mon council on the day of its introduction, nor within five days there- after, nor at any other than a regular meeting; and no ordinance, 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 five days, then the same ma,y be passed by the votes of five aldermen, and shall then take effect as if approved by the mayor. 781 MUNICIPAL CORPORATION BILL. Act 2348. S 524 Powers of council. § 524. The common council of such city shall have power: 1. To pass ortlinanees not in conflict with the constitution and laws of tliis state, or of the United States. Keal estate. 2. To purchase, lease, or receive such real estate and personal prop- erty as may be necessary or proper for municipal purposes, and to con- trol, dispose of, and convey the same for the benefit of the city; pro- vided, that they shall not have power to sell or convey any portion of any waterfront. Water supply, 3. To acquire, construct, repair, and manage pumps, aqueducts, reser- voirs, and other works 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, anrl other public highways and places within the city and to drain, sprinkle, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same in whole or in part, and to construct gutters, culverts, sidewalks and cross-walks therein or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally manage and control all such high- ways and places. Sewers. 5. To construct and maintain drains and sewerg. Extinguishment of fires. 6. To provide fire-engines and all other necessary or proper apparatus for the prevention and extinguishment of fire, and to construct and maintain telegraph and telephone lines for fire and police 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 exceed- ing two dollars; and no other road poll-tax shall be collected within the limits of such city. Dog tax. 8. To impose and collect an annual tax, not exceeding two dollars, on every dog owned or harbored 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 dol- lar on each one hundred dollars of the assessed value of all real and personal property within such city, which said tax ehall be apportioned Act 2348, § 524 GENERAL LAWS. 782 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 re^ilation 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 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. Rivers. 11. To improve the rivers and streams flowing through such city, or adjoining the s^ame; to widen, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the waterfront of the city; to construct and maintain embanlvoients and other works 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 municipal purposes. Tracks and pipes. 13. To permit, under restrictions as they may deem proper, the lay- ing 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 construction 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 municipal 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 depart- ment, to appoint and remove the officers and employees thereof, and to prescribe their duties and fix and order paid their salaries and compen- sation. Subordinate officers. 16. To appoint and remove such subordinate officers 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 viola- tions of ordinances; and for any breach or violation of any ordinance, to 783 MUNICIPAL CORPORATION BILL. Act 2348, §§ 525-528 fix the penalty by fine or imprisonment, or both; but no such 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 acts and things necessary or proper to carry out the provisions of this chapter. Enacting clause. §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, attested by the clerk, and published at least five times in a newspaper published in such city. Common council to audit. § 526. All demands against such city, except for school purposes, shall be presented to and audited by the common council, in accordance with such regulations as they may by ordinance prescribe; and upon the al- lowance of any such demand, 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. § 527. The common council shall not create, audit, 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 pur- poses; 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 indebtedness be issued, unless there be at the time sufficient money in the treasury le- gally applicable to the payment of the same, except as hereinafter pro- vided. Indebtedness in excess to be decided by election. § 528. If, at any time, the common council shall deem it necessary to incur any indebtedness in excess of the money in the treasury ap- plicable to the purpose 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 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 pub- lished for at least three weeks in some newspaper published in such city; and no other question or matter shall be submitted to the electors Act 2348, §§ 529-531 GENERAL LAWS. 784 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 indebted- ness, it shall be the duty of the common council to pass an ordinance providing 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 sufficient to pay the interest «n such indebtedness as it falls due; and also to constitute a siiikinj^ 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 common council in each year thereafter, at the time at which 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 in- terest of such indebtedness. Violation of ordinances. §529. The violation of any ordinance of such city shall be deemed a misdemeanor, and ma}' be prosecuted by the authorities of such city in the name of the people of the state of California, or may be redressed by civil action, at the option of said authorities. Any person sentenced to imprisonment for the violation of an ordinance may be imprisoned in the city jail; or, if the common council by ordinance shall so pre- scribe, in the county jail of the county in which such city may be situ- ated, in which case the expense of such imprisonment shall be a charge in favor of such county and against such city. Nuisances. §530. 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. System of street work. §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 making therein street improvements and repairs, and for doing any or all work authorized by subdivisions 4 and 5 of section 524 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 prop- erty to be benefited 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 expense of any such improvement, except the construc- tion of a sewer or drain, exceeding in amount the sum of one thousand 785 MUNICIPAL CORPORATION BILL. Act 2348, § 532 dollars, is to be defrayed by special assessment, the common council shall first adopt a resolution, which shall be entered upon their journal, declaring their intention to make such improvement, and fixing a time at which objections to the making of such improvcmont will be con- sidered. Such resolution shall also designate the boundaries of the dis- trict to be affected or benefited by such improvement. Upon adopting Buch resolution, the common council shall give notice of such intention, which notice shall be published 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 desig- nate the time set for such hearing, and shall refer to such resolution so entered upon the journal for such description 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 tiled with the clerk, the common council shall be deemed to have ac- quired jurisdiction to order the making of such improvement. Any such special assessment made and levied to defray the cost and expenses of any such work, together with any percentage 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 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 regulations as may be prescribed by ordinance, or by an action in any court of com- petent 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. Right of way. §532. The common council are authorized and empowered to provide by ordinance for the establishing, laying out, extending, and widening streets and other public highways and places within the city, and for taking private property therefor, and for taking private property for the purpose of rights of way for drains, sewers, and aqueducts, and for the purpose of widening and straightening the channels of streams, and the improvement of water fronts; but no private property or right of way over or through the same shall be taken without the consent of the owner thereof until a just compensation for the same shall be as- certained 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 improve- ment shall be dissatisfied with the amount of compensation 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 himself en- titled to. The amount of compensation ascertained and awarded in such Gen. Laws — 50 Act 2348, § 532 GENERAL LAWS. 786 action shall be deemed and taken to be the amount of compensation to wliich such j)ersou will be entitled if such improvement be made. If such person fail to recover 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 interested in any such parcel of land, who sliall fail to commence such action within the time herein limited, shall be deemed to have waived 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 peti- tion in writing therefor is first presented to said council, signed by at least twenty inhabitants of said city, taxable therein for municipal pur- poses. Such petition must describe generally the street, highway, or public place proposed to be laid out or established, or the proposed al- teration by widening or extending the same, or by widening or straight- ening the channels of streams, or by the improvement of waterfronts; or if a right of way is sought for drains, sewers, or aqueducts, such peti- tion shall describe the proposed 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 publication in a newspaper published in such city, for a period of three weeks before such hearing. Such notice shall be deemed to give said council full jurisdiction over the subject matter, and over the person of every owner of or person interested in any parcel of land to be taken or assessed for any such improvement; and every person interested, from and after the expiration of such pub- lication, shall be deemed to have notice of all subsequent proceedings; 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 postponed, 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 ordinance, may provide for the payment of such compensation, either by the levy and collection of special 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 waterfront improvement 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 which 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 prop- erty, and the execution 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 within the time and in the manner provided or 787 MUNICIPAL CORPORATION BILL. Act 2348, §§ 533, 534 that may hereafter be provided by law for the redemption of property sold for taxes. Taxes and tax sales. § 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 taxes, which shall conform, as nearly as the circumstances of the case may permit, to the provisions of the laws of this state in refer- ence to the assessment, levy, and collection of state and county taxes, except as to the times for such assessment, levy, and collection, and ex- cept as to the officers by whom such duties are to be performed. All taxes assessed, together with any percentage imposed 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 regu- lations as may be prescribed by ordinance, or by actions in any court of competent jurisdiction to foreclose such liens; provided, that any prop- erty 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 prop- erty sold for nonpayment of state or county taxes. Laws concerning indebtedness to continue in force. §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 provisions of such laws in regard to the levying, collection, and disposition of taxes and revenues for the payment of such indebtedness and the interest thereon, shall continue in force, and the taxes levied and revenues raised for the pay- ment of the interest and principal of such indebtedness shall be in addi- tion to the taxes provided by section 524 of this act, and the common council of said city, organizing under this act, 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 prescribed in this act; and nothing in this chapter shall be construed to prevent any city from levying and collect- ing the tax authorized by the act entitled, "An act to establish free pub- lic libraries and reading-rooms," approved April twenty-sixth, eighteen hundred and eighty, in addition to the taxes herein authorized to be levied and collected. AH moneys received from licenses, and from fines, penalties and forfeitures, shall be paid into the general fund. Act 2348, §§ 535-551 GENERAL LAWS. 788 Kiver improvement. § 535. The common council 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 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 "Eiver and Waterfront Improvement Fund," and shall be applied to the improvement of streams, bays and waterfronts, the erection of embank- ments, and other works to protect the city from overflow, and the^con- struction of works of drainage, and for no other purposes whatever. Public work to be done by contract. §536. In the erection, improvement, and repair of all public buildings and works, in all streets and sewer work, and in all work in or about streams, bays, or waterfronts, or in or about embnnkments or other works for protection against overflow, or in furnishing any supplies or materials for the same, when the expenditures required for the same exceeds the sum of five hundred dollars, 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 prescribed by ordinance; provided, that the com- mon council, or board of education, may reject all bids presented, and re-advertise, in their discretion; and provided further, that in case of any great and unforeseen calamity or emergency the common council, by a resolution, unanimously adopted and approved by the mayor, may dis- pense with the foregoing provisions of this section, the reason for such action being entered on their minutes. The common council shall, annu- ally, at a stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest bidder, after notice as pro- vided in this section. All advertising shall be done in a newspaper printed and published in such city, and the contract therefor shall be awarded separately from all other printing. Article IV. — Executive Department. Mayor. §550. 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 administer 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. Clerk. §551. It shall be the duty of the clerk to keep a true and correct rec- ord of all the proceedings of thii common council, and to countersign all warrants; to keep accounts current with every officer charged with the receipt or disbursement of money; to keep the seal of the city and affix the same to all instruments requiring such seal; to perform the duties 789 MUNICIPAL CORPORATION BILL. Act 2348, §§ 552-560 required of him by the next section; to report to the common council on the first Monday of each and every month a full and detailed statement of the receipts and disbursements of the treasury during the preceding month, and tlie state of each particular fund, which statement shall be verified by his oath; to administer and certify oaths and affirmations; to perform such duties in and about the assessment, levy, and collection 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 common council may by ordinance prescribe. Treasurer. § 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 he shall give his receipt, which receipt shall be filed with the clerk by the person making such pajnnent, and the clerk shall give to such persons his re- ceipt 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 Mon- day of each and every month, present to the common council a full and detailed statement of the amount of money belonging to the city re- ceived by him, and by him disbursed during the preceding 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 of the com- mon council, and shall perform such other duties as are or may be pre- scribed by law or ordinance. Compensation, how fixed. § 553. The common council shall, by ordinances not inconsistent with the provisions of this chapter, prescribe the duties of all officers, and fix their compensation. Article V. — Judicial Department. Police and justices' courts. § 560. The judicial 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, of all criminal ac- tions and proceedings arising within the corporate limits of such city, and which might be tried in such justices' courts; and shall have exclu- sive jurisdiction of all actions for the recovery of any fine, penalty, or forfeiture prescribed for the breach of any ordinance of such city, of all actions founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. 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 like 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. Act 2348, §§ 561-572 GENERAL LAWS. 790 Police judge. § 561. The police judge shall be judge of the police court, and shall have the powers and perform the duties of a magistrate. He may ad- minister and certify oaths and affirmations, and take and certify acknowl- edgments. When disqualified. § 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 affinity within the third degree, or is otherwise disqualified, 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 residing are likewise 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. § 563. The common council shall appoint, upon 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 peiform such other duties as may be required of him \>y law or ordinance. He shall receive a salary of one hundred dollars per month. The council shall also provide a seal for said police court. Article VI. — School Department. Board of education. § 570. From and after the organization of each of such cities, the same shall constitute a separate school district, which shall be governed by the board of education of such city. Vacancies. §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 ex- pire, a pei'son shall be elected to serve for the remainder of such unex- pired term. Meetings. § 572. The board of education shall meet on the second Tuesday atter such gei'eral municipal election, and choose one of its members as pres- ident, and another as vice-president. Its regular meetings shall thera- after 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 constitute a quorum, and no business shall be transacted by said board of education without the concurrence of four of its members; but a majority of the members present at any meeting may adjourn from time to time. All meetings of said board of education shall be public, 791 MUNICIPAL CORPORATION BILL. Act 2348, § 573 and full records of its proceedings shall be kept by the school superin- tendent, who shall be ex-officio clerk of said board of education. Powers of board. §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 alter the boundaries of such subdivisions. Superintendent. 2. To appoint a school superintendent, who shall hold 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 mechanics and laborers as may be necessary to carry into eflect the powers hereby conferred. Regulation of schools. 4. To make, establish, and enforce all necessary or proper rules and regulations, not in conflict with the laws of this state, for the govern- ment and management of public schools within such city, the teachers thereof, and the pupils therein, and for carrying into effect the laws re- lating to education. Supplies. 5. To provide for the school department of such city fuel and lights, water, printing, and stationery, and to incur such other incidental ex- penses as may be deemed necessary by said board. Building and repairs. 6. To build, alter, repair, rent, and provide schoolhouses, and to furnish the same with proper school furniture, apparatus, and appliances, and to insure any and all school property. Real 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 ac- quired, or may hereafter be acquired, for the use and benefit of the iehools of such city; provided, that no real estate shall be bought, sold, or exchanged, nor any expenditure incurred for the construction of new schoolhouses, without the approval of the common council; and provided further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to school purposes. Improvement. 8. To grade, fence, and improve all school lots. To determine moneys needed. 9. To determine annually the amount of money required for the sup- port of the public schools, and for carrying into effect all the provisions Act 2348, §§ 574, 575 GENERAL LAWS. 792 of law in reference thereto; and in pursuance of this provision, 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 estimate 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-mentioned purpose; and the amount so found to be required from the city shall, 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 just and equal disbursement of all moneys belonging to the school fund. Encumbrances. 11. To discharge all legal encumbrances existing at the time of the in- corporation of such city, or thereafter, on any school property within such city. Admission of nonresidents. 12. To admit nonresident children, and persons over twenty-one years of age, to any of the departments 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-books shall be used. Other acts. 15. To do and perform, in addition to the foregoing powers, such other acts as may be necessary or proper to carry into effect the powers hereby conferred. Board may sue. §574. The board of education may sue and be sued by their name of oflfice. In any action or judicial proceeding against said laoard, 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 de- termine the same. County treasurer to pay over. § 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, 793 MUNICIPAL CORPORATION BILL. Act 2348, §§ 576-591 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. §576. The president of the board of education shall have power to administer oaths and affirmations concerning 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 investigation, had by such board of education, or by a committee thereof, duly appointed by it for that purpose. Same. §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 witnesses before such board of education, or committee thereof, who shall be entitled to the same fees as witnesses in civil cases, and who may be punished for contempt for nonattendance, or refusal to be sworn, or to answer, by the superior court of the county in which such city may be situated. Claims. § 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 ap- proved 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 shall be issued thereon for the payment of such claim, which war- rant 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. § 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 support of primary and grammar schools. Article VII. — Miscellaneous Provisions. Moneys collected. §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 oflacer to be interested in contracts. §591. No officer of such city shall be interested, 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 furnisliiiig 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, Act 2348, §§ 600-602 GENERAL LAWS. 794 in which any such officer is interested, 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. CHAPTER V. Municipal Corporations of the Fourth Class. (Charter for cities having a population of more than 10,000 and not ex- ceeding 15,000.) Article I. — General Powers. Fourth class. § 600. Every municipal corporation of the fourth class shall be en- titled the city of (naming it), and by such name shall have per- petual succession, may sue and be sued in all courts and places, and in all proceedings whatever, and shall have and use a common seal, and 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 Eelating to Officers. Officers. § 601. The officers of such city shall consist of a mayor, twelve coun- cilman, a collector, who shall also be street commissioner, an assessor, treasurer, city clerk, police judge, city attorney, chief of police, superin- tendent 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 irrigation. The city council may also elect a city surveyor, harbor- master, poundkeeper, and city jailer, and whenever a paid fire depart- ment shall be established in such cit.t, a chief engineer, and one or more assistant engineers, and any other officer necessary to carry out the pro- visions of this chapter, and for whose election or appointment no provi- sion is made, and may by ordinance prescribe the duties of all city officers, and fix their compensation, subject to the limitations herein con- tained. Election under this act. § 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 represent, 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 col- lector 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 organization of such city under this act 795 MUNICIPAL CORPORATION BILL. Act 2318, §§ 603, 004 ?nch city shall elect two school trustees for each ward, and twelve coun- cihneii, who shall, at the first meeting of the city council and board of education, respectively, 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 successors. Provisions concerning elections. § 603. The city council shall call all city elections, designate the time and place of holding the same, giving at least ten days' notice thereof, and shall appoi,:'.t one inspector or clerk, and two judges of election, for each ward or election precinct 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 regulating elections for state and county officers, not conflicting here- with, shall apply to elections under this chapter. The polls for all city elections shall be open at 8 o'clock A. M., and continue open until 5 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 elec- tions 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 respective 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 removal, 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 together, or shall vote, or attempt to vote, more than once at the same election, such per- son or persons, on conviction thereof, shall be fined in any sum not less than twanty nor more than five hundred dollars, 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 coancil to canvass vote. § 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 addition to the notice provided for calling special meetings, shall publish the same on two successive days in some ne^rc- Act 2348, §§ C05-608 GENERAL LAWS. 798 paper published in such city. If the mayor fail to call gaid meeting within said five days, any four councilmen may call it. At such sjiecial meeting all elections, appointments, or other business may be transacted that could have been on the day first herein named. Office, when vacant. § 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 ten days after receiving notice of his election or appointment, 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 anyone, 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 city council, then such office shall become vacant; or, if any such officer shall absent himself from such city continuoivsly for ten days without the consent of the city coun- cil, 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 citj'- shall not apply to such officers as serve with- out salary or other compensation. 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. § 606. When any vacancy occurs in any elective office, except the mayor, the city council may fill the same for the unexpired term, except in case of city councilmen, or school trustees, which 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 upon their journal, after notice to the party, and after trial, by a vote of two-thirds of all the members elect, remove any officer. Official bonds. §607. It shall be the duty of the city council to provide for the ac- countability of the city assessor, treasurer, clerk, police judge, collector, and street commissioner, city attorney, a«d all other officers herein pro- vided 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 insufficient, 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 office vacant, and may thereafter fill the same. Compensation. § 608. The mayor, councilmen, and school trustees shall- not receive any salary or compensation for their services; provided, that members of the city council, or a committee thereof for that purpose appointed, may receive for their services, while acting as a board of equalization. 797 MUNICIPAL CORPORATION BILL. Act 2348, §§ 009-621 a sum to be cletermiued by the council, not to exceed 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. §609. The collector and street commissioner shall receive a salary, to be fixed by the city council, which shall not exceed the sum of fifteen hundred dollars per annum. No additional compensation. §610. The city council shall have no power to allow any extra or ad- ditional 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 perform by virtue of his office. Ward division. §611. In case any such city shall, at the time of its organization un- der 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 change shall not affect the term of office of any councilman or school trustee, but they shall serve out their term for the ward in which their residence may be; but if more reside within any one ward than the proportion to which it is entitled, those of the shortest unexpired term shall, by the council, be assigned for such unexpired term to a ward where there is a vacancy. The representation of each ward in the city council shall be as near as may be in proportion to its population, but each ward shall have two school trustees. Article III. — Legislative Department. City council. §620. The mayor and councilmen of the several wards shall constitute the city council, and at its first meeting in January next after a city election shall elect a city clerk, city treasurer, and one of their own body as president of the city council, and at any time when the mayor and president are both absent, may elect a president pro tern., who shall act during such absence. They shall also, at such time, designate the number of policemen for such city, to be elected as hereinafter provided. Meetings. § 621. A majority of the councilmen elect shall constitute a quorum for the transaction of business. A less number may adjourn from time to time, and they may compel the attendance of absent members. The council may punish their members for disorderly conduct, and upon written charges to be entered on their journal, for such conduct, after trial, may expel a member by a vote of two-thirds of all the members elected. The mayor shall have a vote only in case of a tie in the votes of the other members. They shall determine their rules of proceeding and the qualification of members. The sittings of the council shall be Act 2348, § 622 GENERAL LAWS. 798 open to the public, except where the interests of the city shall require secrecy. A journal of all their proceedings shall be kept by the clerk under their direction. At any time, at the request of any two members, the ayes and noes on any question shall be taken and entered upon the journal. Powers of council. § 622. The city council shall have power and authority to make and pass all by-laws, ordinances, orders, and resolutions not repugnant to the constitution of the United States or of the state of California, or the provisions of this charter, necessary for the municipal government and the management of the affairs of the city, for tlie execution of the powers vested in said body corporate, and for carrying into effect the provisions of this chapter; to fix and collect a license tax on and to regulate theaters, melodeons, balls, concerts, dances, and all theatrical, melodeon, circus, or other performances, and all performances where an admission fee is charged, or which may be held in any house or place where wines or liquors are sold to the participators; also all shows, bil- liard-tables, bowling-alleys, exhibitions or amusements; to fix and collect a license tax on and to regulate all taverns, hotels, restaurants, saloons, bar-rooms, banks, brokers, manufactories, livery-stable keepers, express companies, and persons engaged in transmitting letters or packages, rail- road, stage, and steamboat companies or owners, whose principal place of business is in such city, or who shall have an agency therein; to license and regulate auctioneers; to license, regulate, tax, prohibit, or suppress all tippling-houses, dram-shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, pawnbrokers, refreshment or coffee stands, booths, or sheds; to prohibit or suppress, or to license and regulate, all dance- houses, fandango-houses, cock-fights, dog-fights, or any exhibition or show of any animal or animals; to license and tax hackney-coaches, cabs, omnibuses, drays, market-wagons, and all other vehicles used for hire, and to regulate their stands, and to fix the rates to be charged for the transportation of persons, baggage, and property; and to license or sup- press runners for steamboats, railroads, taverns, or hotels; and to fix and collect a license tax upon all occupations and trades, and all and every kind of business authorized by law, not heretofore specified, and provided, that in the business of selling intoxicating drinks, wines, ales, and beers, in less quantities than one quart, or to be drank on the prem- ises where sold, and on any other business, trade, or calling not provided by law to be licensed for state and county purposes, the amount of license shall be fixed ^t the discretion of the city council, as they may deem the interests and good order of the city may require; also to pre- vent and restrain any "riot or riotous assemblage, disturbance of the peace, or disorderly conduct, in any place, house, or street in the city; to prevent, remove, and abate nuisances at the expense of the parties creating, causing, or committing, or maintaining the same; to establish, maintain, and regulate a common pound for estrays, and to appoint a poundkeeper, who shall be paid out of the fines and fees imposed and collected of the owners of any animals impounded, and from no other 799 MUNICIPAL CORPORATION BILL. Act 2348, § 622 source; to prevent and regulate the running at large of any and all domestic animals within the city limits, or any parts thereof; and to reg- ulate or prevent the keeping of such animals within any part of the city; to control and regulate slaughter-houses, washhouses, laundries, tanneries, forges, and offensive trades, and to provide for their exclusion or re- moval from the city limits, or from any part thereof; to provide, by regulation, for the prevention and summary removal of all filth and garbage in the streets, sloughs, alleys, backyards, or public grounds of such city, or elsev/here therein; to establish, alter, and repair city prisons, and to provide for the regulation of the same, and for the safekeeping of persons committed thereto; to provide for the care, feeding, and cloth- ing of the city prisoners; to provide for the formation of a chain-gang for persons convicted of crimes or misdemeanors, and their proper em- ployment and compulsory working for the benefit of the city; and also to provide for the arrest and compulsory working of vagrants; to pro- hibit and suppress all gaming, and all gambling or disorderly houses, and houses of ill-fame, and all immoral and indecent amusements, exhibi- tions, and shows; to establish and regulate markets and market-places; to fix and regulate the speed at which railroad cars may run within the city limits, or any portion thereof; to provide for and regulate the com- mons of the city; to regulate and prohibit fast driving or riding in any portion of the city; to regulate or prohibit the loading or storage of gunpowder and combustible or explosive materials in the city, or trans- porting the same through its streets or over its waters; to have, pur- chase, hold, use, and enjoy property of every name or kind whatsoever, and the same to sell, lease, transfer, mortgage, convey, control, or im- prove; to build, erect, or construct houses, buildings, or structures of any kind needful for the use or purposes of such city; to establish, continue, regulate, and maintain a fire department for such city, to change or reorganize the same, and to disband any company or companies of the said department; also to discontinue and disband said fire department, and to create, organize, establish, and maintain a paid fire department for such city; provided, that nothing in this chapter shall be construed to autliorize the said city council to disband or discontinue the fire de- partment of any city having, at the time of its organization under this act, a volunteer fire department organized and existing, or to create, establish, and maintain a paid fire department therein, without first sub- mitting the proposition of establishing a paid fire department for such city to the legal voters thereof, at a general city election, for decision, and not after such election, unless thereat a majority of all the votes cast at such election are in favor thereof; and in the event that any time hereafter the volunteer fire department of such city shall be dis- organized or disbanded, and a paid fire department established in its stead, then every person who shall have been an active fireman for the space of two years next before the date of such disbanding and estab- lishing shall be entitled to and shall receive an exempt fireman's cer- tificate, and such certificate shall entitle the person to whom it is issued to all benefits and immunities accorded by the laws of this slate in re- gard to exempt firemen; to institute and perfect any and all measures Act 2343, § 622 GENERAL LAWS. 800 and means for the prevention or extinguishment of fires; to establish fire limits, and the same to alter at pleasure; -to regulate or prevent the erection of wooden or other buildings or structures of combustible ma- terials; to regulate the construction of buildings, sheds, awnings, signs, or any structures of a dangerous or unsafe character; to adopt, enter into, and carry out means for securing a supply of water for the use of such city of its inhabitants, or for irrigating purposes therein; to pre- vent the overflow of the city, or to secure its drainage; to provide for the numbering of houses; to establish a board of health; to prevent the introduction and spread of disease; to establish a city infirmary, and provide for the indigent sick; and to provide and enforce regulations for the protection of health, cleanliness, peace, and good order of the city; to establish and maintain hospitals within or without the city limits; to control and regulate interments, and prohibit them within the city limits; to build, alter, improve, keep in repair, and control the water- front; to erect, regulate, and repair wharves and to fix the rate of wharf- age and transit wharf, and levy dues upon vessels and commodities; and to provide for the regulation of berths, landing, stationing, and re- moving of steamboats, sail vessels, rafts, barges, and all other water craft; to fix the rate of speed at which steamboats and other steam water craft maj^ run along the waterfront of the city; to build bridges so as not to interfere with navigation; to provide for the removal of obstruc- tions to the navigation of any channel or watercourse; to clear out and excavate sloughs and other watercourses, or channels; to license steamers, boats, and vessels used in any watercourse in the city, and to fix and collect a license tax thereon; to license ferries and bridges under the law regulating the granting of such license; to determine and impose fines for forfeitures and penalties that shall be incurred for the breach or violation of any city ordinance, and also for a violation of the pro- visions of this chapter, when no penalty is affixed thereto or provided by law, and to appropriate all such fines, penalties, and forfeitures for the benefit of the city; but no penalty to be enforced shall exceed, for any offense, the amount of five hundred dollars, or three months' im- prisonment, or both; and every violation of any lawful order, regula- tion, or ordinance of the city council of such city is hereby declared a misdemeanor or public offense, and all prosecutions for the same may be in the name of the people of the state of California; to create and establish a city police; to prescribe their duties and their compensation, and to provide for the regulation and government of the same; to pro- vide for conducting elections and establishing election precincts, when necessary; to examine, either in open session or by committee, the ac- counts or doings of all officers or other persons having the care, manage- ment, or disposition of moneys, property, or business of the city; to make all appropriations, contracts, or agreements for the use or benefit of the city, and in the city's name; to provide by ordinance for the opening, laying out, altering, constructing, extending, repairing, grad- ing, paving, graveling, macadamizing, or otherwise improving of public streets, avenues, and other public ways, or any portion of either thereof, and for the construction, regulation and repair of sidewalks, and other 801 MUNICIPAL CORPORATION BILL. Act 2348, §§ 623, 624 street improvements, all at the expense of the property to be benefited thereby, without any recourse, in any event, upon the city for any por- tion of the expense of such work, or any delinquency of the property holders or owners, and to provide for the forced sale thereof for such purposes; to establish a uniform grade for streets, avenues, sidewalks, and squares, and to enforce the observance thereof; to clear, cleanse, alter, straighten, widen, fill up, or close any water-way, drain, or sewer, or any watercourse in such city, when so declared by law to be navi- gable; to adopt, provide for, establish, and maintain a general system of sewerage, or drainage, or both, and the regulation thereof, the ex- pense thereof to be borne by general taxation upon the taxable property and inhabitants of and in such city; to provide funds for the purpose aforesaid, and to determine manner, terms, and places of connection with main or central lines of pipes, sewers, or drains established with funds derived from general tax, and compel compliance with and conformity to such general system of sewerage, or drainage, or both, and the regu- lations of said council thereto relating, by the infliction of suitable penalties and forfeitures against person and property, or either, for non- conforjuity to or failure to comply with the provisions of such system and regulations, or either; to provide for all public buildings, public parks, or squares, necessary or proper for the use of the city; to permit the use of the streets for railroad purposes; to order paid any final judg- ment against such city; but none of its lands, or property of any kind or nature, taxes, revenue, franchise, or rights, or interest, shall be at- tached, levied upon, or sold in or under any process whatsoever; to regu- late the sale of coal and wood in such city, and may appoint a measurer of wood and weigher of coal for the city, and define his duties, and pre- scribe his term of office, and the fees he shall receive for his services; provided, that such fees shall, in all cases, be paid by the parties requir- ing such service. Indebtedness not to exceed means in the treasury. § 623. The city council shall not create, audit, allow, nor permit to accrue any debts or liabilities above the actual revenue and available means in the treasury that may be legally apportioned for such purpose, nor shall any warrant be drawn, or evidence of indebtedness be issued, unless there shall be sufficient money in the treasury justly applicable to meet the same. Council to audit demands. § 624. All accounts and demands that shall lawfully arise against the city shall be submitted to the city council, and if found correct shall be allowed, and an order be made that the demand be paid; upon which (if there be funds in the treasury as in the preceding section provided) the clerk shall draw a warrant, which shall be countersigned by the president of the city council, upon the treasurer, in favor of the owner or owners of the demand, specifying for what purpose and by what authority it is issued, and out of what fund it is to be paid, and the treasurer shall pay the same out of the proper fund. All accounts and demands against Gen. Laws — 51 Act 2348, § 625 GENERAL LAWS. 802 such city, other than such as are chargeable to or payable out of the school fund, must be presented to the city council duly itemized and ac- companied with an affidavit of the party, or his agent, stating the same to be a true and legitimate claim against such city for the full amount for which the same is presented, and that the same accrued as set forth, and with all necessary and proper vouchers, within one year from the date the same accrued; and any claim or demand not so presented within the time aforesaid shall be forever barred, and said council shall have no authority to allow any account or demand not so presented in manner and time as aforesaid, nor shall any action be maintained against such city for or on account of any demands or claim against the same until such demand or claim shall have first been presented to the city council for action thereon. Limitation of expenditures. § 625. The annual expenses of such city shall not exceed the sum of one hundred thousand dollars, except in cities where one per cent on the valuation of the property therein raises more than the sum of one hundred thousand dollars, and in such cities the annual expenses shall not exceed the sum of one per cent of the valuation of the property therein;. pro- vided, however, that moneys authorized to be raised and expended for the payment of the funded or bonded indebtedness of such city, and for school purposes in such city, as provided to be raised by the provisions of this chapter, shall not be considered a portion of said annual expense. If, at any time after the said sum shall have been expended in any year, it shall appear that the interests of such city demand an expenditure of an additional sum, the city council shall make a report of the same, which shall be published for at least three weeks in some newspaper printed and published in such city, particularly specifying the object or objects for which said expenditure is required, and the amount of money necessary to be raised to complete the same. At any time within ten days after the expiration of said publication, the city council shall order an election, giving ten days' notice thereof, at which time those persons who are legal voters of such city may vote for or against a tax to raise such additional sum. The election shall be conducted and returns made and canvassed in all respects as the general elections of such city, and a majority shall determine if such tax be levied or not. If the vote is in favor of such tax, the city council shall forthwith, by an order to be en- tered on the journal of their proceedings, order the tax to be levied and collected upon the basis of the last municipal assessment, and shall make the proposed expenditure; provided, that the special tax thus to be levied shall, for no one year, be more than one per cent of the valuation of real and personal property in the city, as shown by the last assessment- roll. All special taxes to be levied and collected under the provisions of this section shall be levied and collected in the manner, form, and ways prescribed for the levying and collecting of the genera] taxes of such city; and as a security for their payment, a lien shall attach to and against each lot of Innd for the amount assessed against it from the date of tbe order; and every person, firm, or corporation against whom a tax 803 MUNICIPAL CORPORATION BILL. Act 2348, §§ 626-628 be thus assessed shall be personally liable to pay the amount to such city. Said lien shall continue until such taxes are paid, or the property become vested in a purchaser under a sale thereof. [Amendment approved March 19, 1889. Stats. 1889, p. 371. In effect immediately.] Excessive expenditure void, §626. Every appropriation or payment of money made or ordered by the city council in excess of said sura stated in section G'25, unk'ss it shall be authorized by a vote of the electors of such city, as provided for in the preceding section, shall be invalid, illegal, and void, and shall be recoverable by the city from the party or parties to whom the same is made, if knowingly taken or received by such party or parties; and the members of the city council who shall have voted for the same shall be individually, jointly, and severally liable for such excess, and it may be recovered from them in any court of competent jurisdiction by the party or parties with whom they have contracted, or by the city, if payment has been actually made. [Amendment approved March 19, 1889. Stats. 1889, p. 371. In effect immediately.] Public streets. § 627. All the streets in such city that have been or shall hereafter be laid out and dedicated by the party or parties owning the laud front- ing upon the same, or by the authority of such city, and declared to be public streets, and that have been or shall hereafter be used as such, shall be and are hereby declared public streets to the extent that the same may have been or shall hereafter be used, laid out, or dedicated. Contracts for work and materials. § 628. All contracts for work to be performed, or materials to be used, ordered by or for such city, or in which it is interested, may be, and when the cost exceeds five hundred dollars shall be, let to the lowest bidder. A notice, signed by the clerk, soliciting sealed proposals, shall be published a reasonable time, in no case less than ten days, prior to the time fixed for opening such bids. Such notice shall desig- nate the work to be done, and the place and the time in which it may be performed, with such other specifications as may tend to give the bidders a knowledge of the object to be accomplished, and with a refer- ence to the diagram or specifications on file in the clerk's office. On the day limited in said notice for the opening of said bids the council, or a committee therefor appointed, shall, in open meeting, open and de- clare said bids and award the contract to the lowest responsible bid- der; provided, however, that the city council, or its committee, may reject all bids when considered too high or uncertain from any circum- stances. The council or committee may, before considering any offer, require security that the party will enter into a contract if awarded to him; and all contracts shall be in writing, and accompanied with a bond satisfactory to the mayor. No officer of such city shall be interested in any contract to which the city is a party, and any contract contrary to the provisions hereof shall be void. Act 2348, §§ 629-632 GENERAL LAWS. 804 Improvement of puTjlic highways. § 629. The city council is authorized and empowered to establish, lay out, alter, open, improve, and repair streets, avenues, 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 therefrom.; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks, and cross-walks therein, or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees along the lines thereof or therein, and generally to manage and control all such highways and places. Apportionment of expense. § 630. The city council shall have the power to provide by ordinance for doing any or all work in or upon the streets, avenues, highways, and public places of such city, and for making therein street improvements and repairs, or for the preservation thereof, and for doing any or all work thereupon or therein authorized by this chapter; and for the pay- ment of the cost and expenses thereof by the levy and collection of special assessments therefor upon the property to be affected or bene- fited thereby. That is to say, the expense or cost of any work or im- provement upon the streets, avenues, or public ways of such city shall be assessed upon the lots and lands fronting thereon, each lot or por- tion of a lot being separately assessed for the full debt thereof in pro- portion 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. 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 cross-ways, shall be paid by such city. In all the streets constitut- ing the waterfront 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 center line thereof to the said waterfront, or to such property of the city bounded thereon, shall be provided for by such city, but no contract for any such work shall be given, excejit to the lowest responsible bidder, and in the manner hereinbefore provided. When any work or improvement mentioned in this section is done or made on one side of the center line of said streets, avenues, or public ways, the lots or portions of lots fronting on that side only shall be assessed to cover the expenses of said work, according to the provisions of this chapter. Enacting clause. §631. The style of the city ordinances shall be as follows: "The mayor and city council of the city of do ordain as follows"; and all ordinances shall be published ir one or more of the newspapers published in the city. Publication of ordinances. § 632. By-laws and ordinances s'lall be passed by the city counci^ and approved by the mayor, or the president of the city council acting 805 MUNICIPAL CORPORATION BILL. Act 2348, §§ 633-640 in his stead. But before any by-law or ordinance shall have any bind- ing validity, it shall be published in one or more newspapers published in the city, and recorded in the record-book to be kept by the clerk. The clerk shall certify on the record the fact of publication, and so certified, the record shall be prima facie evidence of the passage thereof, and may be read as evidence of the by-law or ordinance, and its publi- cation. A printed copy of any ordinance or by-law, or a compilation thereof, printed by authority of the city council, and attested by the clerk, shall be evidence thereof in same manner and with like effect. Entry on journal. § 633. All orders of the city council, to have force and legal validity, shall be entered on the journal of their proceedings, which journal shall be signed by the officer who may preside at such meeting. Ayes and noes. § 634. Upon the passage of all ordinances appropriating money, im- posing taxes, abolishing licenses, increasing or lessening the amount to be paid for licenses, the ayes and noes shall be entered upon the jour- nal. Majority necessary. § 635. A majority of all the members elected shall be necessary to pass any ordinance appropriating for any purpose the sum of five hun- dred dollars or upwards, or any ordinance imposing any assessment, tax or license, or in any wise increasing or diminishing the city revenue. Free library. § 636. The trustees of any free public library, created or existing in such city under the provisions of an act entitled "An act to establish the public libraries and reading-rooms," approved April twenty-sixth, eighteen hundred and eighty, shall be appointed by the city council in the same manner as other officers are appointed under the provisions of this chapter, anything in the provisions of said act to the contrary notwithstanding. Article IV. — Taxation. Tax levy. § 640. The city council shall have full power and authority to assess, levy, and collect annually taxes upon all the property within the city, taxable for state purposes, not exceeding one per cent upon the assessed value thereof, which shall be paid into the general fund for current expenses. They shall provide for the payment of the principal and in- terest of the bonded indebtedness, if &ny, of such city, and for the payment of the other indebtedness of such city not funded; and they shall each year levy, assess, and collect an additional tax upon the tax- able property as aforesaid, not exceeding two per cent in any one year, which, when collected, shall be paid into a fund to be disbursed as fol- lows: 1. To pay the interest on said bonds; 2. To a fund for the payment of the principal thereof; and, Act 2348, § 641 GENERAL LAWS. 806 3. To meet any indebtedness, as aforesaid, not funded. And the city council, in making said levy, shall estimate the propor- tion requisite for each fund, and the same shall be expended, under the direction of the city council, for the purpose aforesaid, and for no other purpose. Said tax shall be levied, assessed, and collected upon all prop- erty liable to taxation within such portion and such limits, and so much of the territory of such city as shall be liable therefor under the laws and charters in existence at the time of the organization of such city under this act; and if, by reason of extension of territory, or from any cause, a portion only, or a certain district, of such city be liable, under such laws and charters, for the payment of the bonded and other indebtedness above named, or any portion of either thereof, the city council in levying such tax shall make such levy upon and against the property which is situated and persons who may reside in the terri- tory of such city, liable in each case for the payment of such indebted- ness, or any particular class or portion thereof, according to such existing laws and charters. The city council shall also have power to raise annually, by tax upon all the property within the city taxable for state purposes, whatever amount of money may be requisite for the support of free public schools therein, including high schools, and pro- viding and furnishing houses therefor; but the tax provided for in this section shall not exceed thirty-live cents on each one hundred dollars valuation upon the assessment-roll in any one year, and may, in like manner, raise by tax a fund for the establishment and maintenance of a free public lilarary and reading-room; such tax not to exceed, in any one year, the rate of ten cents on each one hundred dollars valuation. Duty of assessor. § 641. It shall be the duty of the city assessor to prepare, between the first day of January and the first Monday in April in each year, and present to the city clerk, with his certificate of its correctness, a list of all the real and personal property within the city on the first day of January taxable for state and county purposes, with a true valua- tion thereof on the first day of January, which said assessment-list shall conform as near as practicable, when not inconsistent with the provisions of this chapter, to the assessment list required by law to be made by the county assessor for state and county purposes; also, to make all assessments for the improvements of streets as herein or by ordinance provided; to be present at the sessions of all boards of equalization mentioned in this chapter, and to furnish to said board such information as may be required, and to perform such other services in reference to the assessments of property in the city or otherwise appertaining _ to his oflice as the city council by ordinance or resolution may require. During the session of the board of equalization the city assessor shall enter upon the assessment list all the changes and corrections made by the board, and may assess and add to such list any property in such city not previously assessed. In the assessment and listing of property for taxation, and in the collection of tax upon personal property not secured by lien upon real estate, he shall have and may exercise the 807 MUNICIPAL CORPORATION BILL. Act 2348, §.§ 642-644 same powers as are conferred by law upon county assessors, and shall receive therefor the same fees and compensation. He shall receive a salary to be fixed by the city council, which shall not exceed five hun- dred dollars per annum. [Amendment approved March 19, 18S9. Stats. 1SS9, p. 371. In effect immediately.] Equalization. § 612. The city council, or a committee of their number selected for that purpose by the city council, at a meeting thereof to be held on the first Monday of April of each year, shall constitute a board of equal- ization, and shall, after the assessor shall have completed and handed in his assessment list to the city clerk, and after five days' notice pub- lished in some newspaper in such city, hold meetings to hear and deter- mine all complaints respecting the valuation of property as fixed by the assessor in such list, and shall have power, on their own motion, with or without complaint made, to modify and change such valuation in any way they shall deem just and proper; provided, however, that be- fore making any change in any assessment, the board shall notify the person interested by letter, deposited in the postoffice or express, post- paid, and addressed to such person, at least three days before action taken, of the day fixed when the matter will be investigated; provided, further, that no reduction must be made in the valuation of property, unless the party affected thereby, or his agent, makes and files with the board a written application therefor verified by his oath, showing the facts upon which it is claimed such reduction should be made. Any member of said board shall have power to administer oaths and affirma- tions in the matters before said board, and the sessions of said board shall be held from time to time, as in its notice specified, for the period of two weeks, and no longer. Clerk to complete. § 613. After the board of equalization shall have completed their duties, the city clerk shall add up the columns of valuation, and enter the total valuation of each description of property in the list, and the total value of all property assessed and listed thereon; and thus equal- ized and added up, the clerk shall, on the first Monday of May there- after, deliver it to the city council. Levy of the tax. §641. On the first Monday in May in every year the city council, by an ordinance, shall levy upon all the property in the city taxable by law for state purposes a tax for school purposes, and for the current and general expenses of the city, and, in conformity to the provisions of this chapter, shall levy any and all other taxes by law directed then to be levied or assessed; and, in conformity with the provisions of this chapter, shall levy a tax for the payment of the funded debt upon the property liable therefor. Every tax so levied is made a lien, which shall attach on said day in each year to and against all real property assessed for the amount assessed against it; and if said property be assessed to Act 2348, §§ 645-649 GENERAL LAWS. 803 a wrong person, or by a wrong name, said lien shall in no wise be af- fected or invalidated, and it sliall not be satisfied or removed until the taxes are paid, or the property has absolutely vested in a purchaser under and by reason of a sale for such taxes. Every tax assessed upon per- sonal property is a lien upon the real property of the owner thereof from and after the time of the levy of such tax. The fiscal year shall begin on the first day of January; and the terms "real and personal property" shall have the same meaning as the same terms used in the revenue laws of the state. List to be delivered to collector. § 645. As soon as the city council have declared and levied the taxes in any year, as in the preceding section provided, the city clerk shall carry out, in a separate money column in the list, the amount of taxes assessed against each individual, firm, company, corporation, or unknown owner, and add and put down the aggregate of all taxes as shown by the list; and as thus carried out, the city clerk shall certify to its correct- ness, and on or before the third Monday of May thereafter deliver it to the city collector, and shall charge him with the amount of taxes as footed up, and take his receipt therefor. Collection, § 646. The collector, on receiving the assessment list certified by the clerk, shall proceed to collect the taxes specified therein, and pay over the same into the treasury, taking a receipt thereof. For the purpose of collecting the taxes authorized by this chapter, the city collector shall have such powers as are given by the revenue laws of this state to collectors of state and county taxes, so far as the same are applica- ble. All taxes unpaid at the close of official business on the third Mon- day of June shall be deemed delinquent, after which time the collector shall receive no money for taxes; and he shall, on said day, enter upon assessment-roll a levy upon all property therein assessed the taxes upon which remain unpaid, and shall immediately ascertain the total amount of taxes unpaid, and file in the office of the city clerk a list of all per- sons and property then owing taxes, verified by his oath, which list shall be known as the delinquent list. Delinquencies. § 647. On the third Monday in .June of each year, at 6 o'clock P. M., all unpaid taxes are delinquent, and thereafter the collector must col- lect thereon, for the use of the city, an addition of five per cent. Delinquent list. § 648. On the first Monday in July of each year, the city collector must deliver to the city clerk a complete delinquent list of all persons and property then owing taxes; and in the list so delivered must be set down in numerical or alphabetical order all matters and things contained in the assessment-roll and relating to delinquent persons or property. Verification. § 649. The city clerk must carefully compare such delinquent list with the assessment-roll, and if satisfied that it contains a full and true state- 809 MUNICIPAL CORPORATION BILL. Act 2348, §§ 650-654 meiit of all taxes due and unpaid, he must foot up the total amount of taxes so remaining unpaid, credit the city collector therewith, and make a final settlement with him of all taxes charged against him on the assessment-roll; and must require from him the treasurcr'a rcccix^t for the full amount of taxes collected. Certification, § 650. After the settlement with the city collector, as prescribed in the preceding section, the city clerk must charge the city collector with the amount of taxes due on the delinquent tax list, with the five pet cent added thereto, and within three days thereafter deliver the list, duly certified to such city collector. Publication. § 651. On or before the third Monday in July of each year, the city collector must publish the delinquent list, which must contain the names of the persons and a description of property delinquent, and the amount of taxes and costs due, opposite each name and description, with the taxes due on personal property, added to taxes on real estate where the real estate is liable therefor, or the several taxes are due from the same person. To said list must be appended and with it published a notice that unless the taxes delinquent, together with the costs and percentage, are paid, the real property upon which such taxes are a lien will be sold at public auction, and designating therein the time and place of such sale, which must take place in or in front of the city collector's office, and not less than fourteen nor more than twenty-one days from the first publication. Collector to certify. § 652. Said list must be published three times a week for two suc- cessive weeks in some newspaper or supplement thereto published in such city, and when such publication is completed, and before com- mencing the sale, the city collector must file with the city clerk a copy of the publication, with his affidavit attached thereto, that it is a true copy of the same, that the publication was made in a newspaper or a supplement thereto, stating the name and place of publication; such affidavit shall be prima facie evidence of all the facts therein stated. The expense of the publication of the delinquent list to be paid by the city. Additional amount. § 653. The city collector must collect, in addition to the taxes due on the delinquent list, and five per centum added thereto, fifty cents on each lot, piece, or tract of land separately assessed, and on each as- sessment of personal property, one-half of which must go to the city, and the other to the city collector, in full for preparing the list. Sale. § 654. On the day fixed for the sale, or on some subsequent day to which he may have postponed it, of which he must give notice, the city collector, between the hours of 10 o'clock A. M. and 3 P. M., must com- Act 2348, §§ 655-661 GENERAL LAWS. 810 mence the sale of the property advertised, commencing at the head of the list, and continuing alphabetically, or in the numerical order of lots and blocks, until completed. Postponement. § 655. He may postpone the day of commencing the sale, or the sale, from day to day; but the sale must be completed within two weeks from the day first fixed. Owner may designate portion. §656. The owner or person in possession of any real estate offered for sale for taxes due thereon may designate, in writing, to the city collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or the possessor does not, then the collector may designate it, and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the interest, and pay the taxes and costs due, including fifty cents to the city collector for the duplicate certificate of sale, is the purchaser. Duplicate certificate. § 657. After receiving the amount of the taxes and costs, the city collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a descrip- tion of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed. Delivery. § 658. The certificates must be signed by the collector, and one copy delivered to the purchaser, and the other filed in the ofiice of the county recorder. Record of sales. § 659. The city collector, before delivering any certificate, must in a book enter a description of the land sold, corresponding with the de- scription in the certificate, the date of sale, purchaser's name, and amount paid, regularly number the descriptions 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. Lien vested in purchaser, § 660. On filing the certificate with the county recorder, the lien of the city vests in the purchaser, and is only divested by the payment to him, or to the city treasurer for his use, of the purchase money, and fifty per cent thereon. Redemption. § 661. A redemption of the property sold may be made by the owner, or any party in interest within twelve months from the date of the pur- chase. 611 MUNICIPAL CORPORATION BILL. Act 2348, §§ 662-670 Records of redemption. § 662. On receiving the certificate of sale, the recorder mnst file it, nud 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 certifi- cate or of the city treasurer for his use, of the total amount of redemp- tion money, the recorder must mark the word "Redeemed," the date, and by whom redeemed, on the certificate, and in the margin of the book where the entry of the certificate is made. Purchaser's deed. §663. If the property is not redeemed within the time allowed by law for its redemption, the city collector, or his successor in office, must make to the purchaser, or assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person has redeemed the property during the time allowed for its redemption. The collector shall be entitled to receive from the pur chaser three dollars for making such deed. What the deed proves. § 664. The matters recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evidence that: 1. The property was assessed, as required by law; 2. The property was equalized, as required by law; 3. The taxes were levied in accordance with law; 4. The taxes were not paid; 5. At a proper time and place the property was sold, as prescribed by law, and by the proper officer; 6. The property was not redeemed; 7. The person who executed the deed was the proper officer; 8. Where the real estate was sold to pay taxes on personal property, that the real estate belonged to the person liable to pay the tax. Deed is evidence of regularity, § 665. Such deed, duly acknowledged or proved, is (except as against actual fraud), conclusive evidence of the regularity of all other proceed- ings, from the assessment by the assessor, inclusive, up to the execution of the deed, and conveys to the grantee the absolute title to the lands described therein, free from all encumbrances. Assessment-roll a guarantee of regularity. § 666. The assessment-roll or delinquent list, or a copy thereof, certi- fied by the city clerk, showing unpaid taxes against any person or prop- erty, "is prima facie evidence of the assessment, the property assessed, the delinquency, the amount due and unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been com- plied with. Article V. — Executive Department. Duties and powers of mayor. § 670. The mayor shall be the chief executive officer of the city. He shall have a general supervision over the several departments of the Act 2348, §§ 671-674 GENERAL, LAWS. 812 city government, and over all its interests, shall preside over the city council when present, once in three months submit a general statement of the condition of its various departments, and recommend to the city council such measures as he may deem expedient for the public good, or improvement of the city, its finances, or government. He shall sign all ordinances passed by the city council, if he approves them; if he does not approve, he shall, within eight days after its submission to him, return the same to the city clerk's office, with his objections in writing, and at the first meeting of the city council thereafter the same shall be entered upon their journal, and they shall then reconsider such ordinance, and unless two-thirds of the councilmen elect, vote for its passage, it shall not become a law. If the mayor shall not so return any ordinance within eight days, it shall become a law as if he had signed it. He may call special meetings of the city council at any time; he shall do so at the written request of four councilmen, by notifying each member personally, or by a written notice left at his last and usual place of abode, or at his place of business during business hours, stat- ing the purpose of such meeting. President of council. § 671. The president of the city council shall preside at all its meet- ings when the maj'^or is not present; and whenever there is a vacancy in the office of mayor, or he is absent from the city, or unable, from any cause, to discharge the duties of his office, the president shall act as mayor and exercise all his authority and be subject to his duties. He shall countersign all warrants and licenses issued under and by author- ity of the city, but in his absence or inability to perform said duty, the mayor, or, if he is absent or unable to perform said duty the president pro tern., or if none has been elected the chairman of the finance com- mittee, may sign the same. Deputies. § 672. The chief of police, city attorney, city assessor, city clerk, and city collector, and street commissioner may each, with the approval of the city council, only appoint such deputies as may be necessary, by writing, to be filed with the clerk. Each deputy so appointed shall re- ceive for his services a compensation to be fixed by the city council, not exceeding one hundred dollars per month, and shall perform such duties under the direction of his principal as may by said council be prescribed. The principals shall be each responsible for his deputy, and may revoke the appointment at pleasure. Chief of police. § 673. The chief of police shall receive a salary which shall not ex- ceed the sum of fifteen hundred dollars per annum, to be determined by the city council. Treasurer. § 674. The city treasurer shall receive a salary which shall not ex- ceed the sum of three hundred dollars per annum, to be determined by the city council. 813 MUNICIPAL CORPORATION BILL. Act 2348, §§ 675-678 Duties of treasurer. § 675. It shall be the duty of the city treasurer to receive and safely keep all moneys belonging to such city, from whatever source derived, to place the same to the credit of the different funds to which they properly belong, in a book kept for that purpose; to disburse said moneys by the direction of the city council, and in accordance with the provisions made by them, and the school fund, by the direction of the board of education, under the provisions of this chapter, and to make a report monthly to the city council of the condition of the treasury. Clerk. § 676. It shall be the duty of the clerk of the city to keep the cor- porate seal and all papers and documents belonging to the city; to file them in his office, under appropriate heads; to attend the sittings of the city council and to keep a journal of their proceedings and records of all their by-laws, resolutions, and ordinances; to sign all warrants and licenses issued in pursuance of the orders and ordinances of the city council, and to affix the corporate seal on such licenses; to keep an accurate account in a suitable book, under the appropriate heads, of expenditures, of all orders drawn upon the city treasurer, and all war- rants issued in pursuance thereof; also, to keep an account in an ap- propriate book of all licenses issued, with the names of the persons to whom issued, the date of issue, the time for which the same was granted, and the sums paid therefor, and to perform such other duties as he may be required to perform by the provisions of this act, or by ordi- nance. He shall receive for his services a salary to be fixed by the city council, not exceeding the sum of one hundred dollars per month. Assessor. § 677. It shall be the duty of the city assessor to prepare the assess- ment-rolls, lists, and books, and to make the assessment of persons and property in said city as required by this chapter; also to make and present all assessments for improvement of streets, or other work of like character. He shall receive a salary, to be fixed by the city council, not exceeding five hundred dollars per annum. Collector and commissioner. § 678. The city collector and street commissioner shall collect all taxes, assessments, licenses, wharfage rates, and all other moneys or dues owing, accruing, belonging, or coming to said city, and the same shall pay over monthly to the city treasurer, unless otherwise ordered by the city council. He shall regulate the landing and stationing of all steamers, vessels, boats, or other water craft, and shall make report to the city council each mouth. As street commissioner, he shall have the general supervision of all streets, public squares, levees, wharves sloughs, drains, water-ways, bridges, sidewalks, cross-walks, and public buildings, and shall superintend all work, repairs, or improvement thereof or thereon. At the request of the street committee of the city council, he shall make report to them of any of his doings, and shall do and perform all such other duties as may be required of him by ordinance of Act 2348, §§ 679-691 GENERAL LAWS, 81 i the city council. As street commissioner of such city, he is hereby authorized, in his ofiScial capacity, to make all written contracts, and receive all bonds authorized in this chapter, and to do any other act, either expressed or implied, that pertains to the street department under this chapter. He shall fix the time for the performance of the work under all contracts entered into by him, in accordance with the notice given by the council; and may extend the time so fixed, from time to time, under the direction of said council. All work upon the streets, avenues, or in the matter of sidewalks or bridges, or in the improvement of the public buildings, squares, and places of said city provided for in this chapter, or under the orders or ordinances of the city council of such city, must in all cases be done under the direction and to the satisfaction of the street commissioner, and the materials used shall be such as are required by said commissioner, in accordance with the con- tracts; and all contracts made therefor must contain this condition, and also express notice that in no case, except when it is otherwise provided in this chapter, will the city be liable for any portion of the expense, and where such expense is defrayed by assessments, in no case for any delinquency of persons or property assessed. Police force. § 679. The police force of such city shall consist of the chief of police, and such number of policemen as shall from time to time be fixed and determined by the city council. Police, commission to elect. § 680. The policemen of such city shall be elected by a police com- mission, to consist of the mayor, chief of police, and the police judge; and such policemen shall hold office from and after their election to and including the second Monday in January next ensuing after a regular city election, unless sooner removed for cause. Trial comraission. § 681. The president of the city council, the chairman of the finance committee, and the chairman of the street committee of the city council shall constitute a police trial coiXimission, and such commission shall have power, under rules of procedure to be prescribed by ordinance of such city, to receive, hear, try, and determine all complaints against policemen of such city for violation of official duty, or of any rule, regulation, by-law, or ordinance of such city, and shall have power in such behalf to condemn or acquit, reprimand, suspend, or remove any policeman. Article "VI. — Judicial Department. Police court. § 690. A police court is hereby established in such city, which court shall always be open, except upon nonjudicial days, and upon such days may transact criminal business only Jurisdiction. § 691. The police court of such city shall have jurisdiction of the following public offenses committed within such city: 815 MUNICIPAL CORPORATION BILL. Act 2348, § C91 1. Petit larceny; 2. Assault or battery, not charged to have been comniitteil upon a public officer in the discharge of his official duty or with intent to kill; 3. Breaches of the peace, riots, affrays, committing willful injury to property, and all 7nisdemeanors punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment; 4. Of proceedings respecting vagrants, loud or disorderly persons; 5. Of all proceedings for violation of any ordinance of said city, both civil and criminal; of any and all suits to recover taxes, general or special, levied in such city for city purposes, and of all suits to recover any assessment levied in such city for the improvement of streets, avenues, levees, sidewalks, and public squares, and for the opening or laying out of the same, when the amount of said tax or assessment sought to be collected against the person, firm, or corporation assessed is less than three hundred dollars; provided, no lien upon the property taxed or assessed for the nonpayment of the taxes or assessment is sought to be foreclosed by said suit; 6. Of an action for the collection of money due to such city, or from the city to any person, firm, or corporation, when the amount sought to be collected is less than three hundred dollars; 7. Of an action for the breach or violation of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party, or is in any way interested, and on all forfeited recognizances given to or for the benefit or in be- half of such city, and upon all bonds given upon any appeal taken from the judgment of said court in any action above named, when the amount claimed, exclusive of cost, is less than three hundred dollars; 8. Of an action for the recovery of personal property belonging to the city when the value of the property, exclusive of the damages for the taking or detention, is less than three hundred dollars; 9. Of an action for the collection of any license required by any ordi- nance of the city; 10. The police court shall have exclusive jurisdiction of all proceed- ings mentioned in this section; and no justice of the peace in such city shall have power to try and decide any cases of the classes mentioned in said section; provided, that any justice of the peace of such city who may be designated in writing by the mayor, or president of the city council thereof, for the purpose, shall have power to preside in and hold the police judge's court of said city in the cases in which the police judge is a party, or in which he is directly interested, or when the judge is related to either party by consanguinity or affinity within the third degree; and also in the case of the sickness or temporary ab- sence of the judge, or his inability to act from any cause; and in all such cases, and during such sickness, temporary absence, or inability, the justice so designated shall act as police judge, and shall have and exer- cise all the powers, jurisdiction, and authority which are or may be by law conferred upon said court or judge. Act 2348, §§ 692-G96 GENERAL LAWS. 816 Powers of judge. § 692. The 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 acquit, and carry his judgment into execution, as the case may require, according to law; and to punish persons guilty of contempt of court, and shall have power to issue warrants of arrest in cases of a criminal prosecution for the violation of a city ordinance, as well as in case of the violation of the criminal law of the state; also, all subpoenas and all other processes necessary to the full and proper exercise of his powers and jurisdiction in all criminal trials before the police judge for the violation of a city ordinance, as well as in cases of a violation of the criminal law of the state, made triable before such court; the defendant shall be entitled, if demanded by him, to a jury trial but a trial by jury may be waived by the defendant in all such cases, and upon such waiver the court shall proceed and try the case. Dockets. § 693. The city council shall furnish, for the use of the police court, two dockets; one shall be styled The city criminal docket, in which all the criminal cases shall be recorded, and each case shall be alphabeti- cally indexed; the other shall be styled The city civil docket, and it shall contain a record of every civil case which is prosecuted before said court, and each case shall be properly indexed, and in all cases the dockets shall contain all such entries as are required by law to be made in the justice's docket; and in any case commenced or tried before the court the docket must show what duties were performed by each officer, and the amount of fees due to the officer for such services, and the amount of money, if any, collected. Appeals. § 694. Appeals from the police court may be taken to the superior court of the county in all cases cognizable by the said police court, and such appeals shall be taken as in case of appeal from a justice's court. City and district attorney. § 695. The city attorney of such city shall prosecute all cases for the violation of any lawful order, regulation, or ordinance of the city council, and shall prosecute, conduct, and control all proceedings in cases mentioned in section 622 of this act, both in the police court and on appeal therefrom to the superior court, but the district attorney shall attend and conduct all proceedings of the nature of a preliminary ex- amination before said police court. Incarceration. § 696. In all cases when the police court is authorized to impose a fine or imprisonment, or both, upon persons convicted in said court of any offense triable therein, the said court may sentence the offender to be imprisoned in the 'ever, that nothing herein contained shall be construed as prohibiting the municipality itself from construct- ing or completing such works or improvements, and employing the labor necessary therefor; and provided further, that, in cities, towns or municipalities operating under a charter, heretofore or hereafter framed under section 8 of article 11 of the constitution and providing for a board of public works all the matters and things required in this sec- tion to be done and performed by the legislative branch of the municipal- ity shall be done and performed by the board of public works of such city, town or municipality, and, in case such charter also prescribes the manner of letting and entering into contracts for the furnishing of labor, materials or supplies for the constructing or completion of pub- lic works or improvements, the contracts therefor shall be let and en- tered into in conformity with such charter. [Amendn.ent approved Ms,.ch 19, 1907. Stats. 1907, p. 611. In effect immediately.] § 9V'2' Whenever the legislative branch of any municipality shall by resolution deem the expenditure of money raised by the sale of bonds uMder the terms of this act for the purpose for which said bonds were voted impracticable or unwise, said legislative branch of said_ city, town, or municipal corporation may call a special election to obtain the consent of the people of said city, town, or municipal corporation to use said money for some other specified municipal purpose. The ordi- narce calling such special election shall recite the new object or purpose for which the said money is proposed to be expended, and shall fix the date on which such spacial election will be held, the manner of hold- ing svch election and the voting for or against the expenditure of said money for said purpose, and in all particulars not recited in said ordi- nance such election shall be held as provided by law for holding of such Eiunicipal elections in such municipality. Such ordinance shall be pub- lished once a day for at least seven days in some newspaper published at least six days a week in such municipality, or once a week for two weeks in some newspaper published less than six days a week in such municipality, and one insertion each week for two succeeding weeks shall be a sufficient publication in such newspaper published less than six days per week. In municipalities where no such newspaper is pub- lished, such ordinance shall be posted in three public places therein for two succeeding weeks. No other notice of such election need be given. It shall reciuire the votes of two-thirds of all the voters at such special election to authorize the expendilure of the money for the purpose mentioned in the ordinance calling said special election. [New section approved March 19, 1907. Stats. 1907, p. 634. In effect immediately.] § 10. Whenever the legislative branch of any municipality shall by resolution deem it necessary, they may require the treasurer of such Gen. Laws — 58 Act 2372 GENERAL LAWS. 882 municipality to give additional bonds for the safe custody and care of the public funds. § 11. All acts and parts of acts in conflict with this act are hereby repealed. § 12. This act shall not be deemed to repeal, conflict with or modify any provision of any statute of this state concerning the levy of special taxes for specific public improvements when bond issues are not con- templated. § 12y2. All proceedings which may have been prior to the passage of this act, taken by any city, town or municipal corporation, incor- porated under the laws of this state, in the manner prescribed by the said act of which this act is amendatory, for the incurring of indebt- edness for the purpose of acquiring, constructing, completing or repair- ing any wharf or w^harves, shall be and the same are hereby declared to be valid as fully as though the incurring of indebtedness for such purpose had been expressly authorized by said act, and any and all indebtedness incurred, or which may hereafter be incurred, by any such city, town or municipal corporation, or any bonds which may have been or may hereafter be issued pursuant to any such proceedings so taken or had shall be and the same are hereby declared to be valid, as fully as though the creation of said indebtedness or the issuance of said bonds had been expressly authorized by said act. [New section added March 18, 1907. Stats. 1907, p. 570. In effect immediately.] § 13. This act shall take effect immediately. The amendatory act of March 19, 1907. Stats. 1907, p. 609, contained the following section "§ 5. That nothing in this act contained shall be construed as affecting the issue or sale of bonds in pursuance of proceedings begun prior to the taking effect of this act and under the provisions of the act amended hereby." ACT 2372. An act authorizing cities, towns, and municipal corporations to estab- lish and maintain public assembly or convention halls, and to incur indebtedness for such improvements, [Approved March 25, 1903. Stats. 1903, p. 412.] § 1. Any city, town, or municipal corporation in this state may acquire, by purchase, condemnation, or otherwise, all necessary land whereon to construct, and may construct and maintain thereon, a public assembly or convention hall, and may incur indebtedness, as herein- after provided, to pay the cost of such improvement. §2. Whenever the legislative body of any city, town or municipal corporation, shall, by resolution passed by a vote of a majority of its members, determine that the public interest or necessity demands the acquisition of the necessary land whereon to construct, and the con- struction or completion thereon, of a public assembly or convention 883 MUNICIPAL CORPORATIONS. Act 2372, §§ 3-7 hall, Ihc cost of which will be too great to bo paid out of the onlinary annual income and revenue of the naunicipalitj' it ma}' at any subse- quent meeting of such body, by an ordinance, passed by a vote of two- thirds of all its members, call a special election, and submit to the ((ualified voters of said municipality, the proposition of incurring a debt for the purpose set forth in said resolution. The ordinance calling such special election shall recite the object and purpose for which the indebt- edness is proposed to be incurred, the estimated cost of the proposed improvement, the amount of the principal of the indebtedness to be incurred therefor, and the rate of interest to be paid on said indebted- ness; and shall fix the date on which such special election will be held, the manner of holding such election, and of voting for or against such proposition; and in all other particulars not recited in said ordinance, such election shall be held as provided by law for holding municipal elections in such municipality. Such ordinance shall be published once a day for a period of five days in a daily newspaper published in said municipality, or once a week for three successive weeks in a w^eekly newspaper published in said municipality. No other notice of such elec- tion need be given, § 3. 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 pro- vided for. §4. No city, town, or municipal corporation shall incur an indebt- edness under the provisions of this act, which together with all other indebtedness of said city, town, or municipal corporation, shall, in the aggregate, exceed fifteen per cent of the assessed value of all the real and personal property in said city, town or municipal corporation. §5. All bonds issued under the provisions of this act shall be issued, sold, and made payable, in the manner and form prescribed for the issue, sale, and payment of municipal bonds, by an act entitled, "An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisition, construction, or completion thereof," which became a law, under the provisions of the constitution, without the governor's approval, February 25, 1901. § 6. The proceeds of the sale cf bonds issued under the provisions of this act shall be placed in the municipal treasury to the credit of a fund to be known as the public hall fund, and shall be applied, exclu- sively, to the purpose and object mentioned in the ordinance. §7. The legislative body of said municipality shall, at the time of fixing the general tax levy, and in the manner for such general tax levy provided, levy and collect, annually, each year until said bonds are paid, a tax sufficient to pay the annual interest and the part of the principal of such bonds, that shall become due before the time for fixing the next general tax levy, and is not at the time of fixing such annual Act 2372, §§ 8, 9 GENERAL LAWS. 884 tax levy, otherwise provicled for by funds then in the treasury and set apart for that purpose. 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 manner as other municipal taxes are collected, and be used for no other purpose than the payment of said bonds and accruing interest. § 8. All moneys derived from the use or hire of such assembly or convention hall shall be deposited in the treasury of the municipality to the credit of said public hall fund, and shall be applied, exclusively, to the following purposes, to wit: First — For the necessary expenses of conducting, maintaining, and insuring such hall, and of making all improvements and repairs thereof. Second — For the payment of installments of interest or principal be- coming due on said bonds until the whole of said bonded indebtedness shall have been paid. Third — Any surplus remaining after providing for the purposes, first and second above specified, may be appropriated and used for general municipal purposes. § 9. The legislative body of any city, town, or municipal corporation wherein bonds have been issued tor the construction or completion of a public assembly or convention hall, under the provisions of this act, shall have the power to appoint and employ all needful architects, en- gineers, superintendents, and agents, to prepare plans for the construc- tion or completion of such public assembly or convention hall, and to superintend such work. All contracts for the construction or comple- tion of such public assembly or convention hall, or for the furnishing of labor or materials therefor, shall be let to the lowest responsible bidder. The legislative body of the municipality shall advertise for at least ten days in one or more newspapers published in such municipal- ity, inviting sealed proposals for the construction or completion of said improvement, or for the furnishing of labor and materials therefor before any contracts shall be made. The said legislative body shall have the right to require from the successful bidder, such bonds as they may deem best to insure the faithful performance of his contract. They shall also have the right to reject any' and all bids. Said legis- lative body shall have power to appoint such officers, or agents, and to make and enforce such rules and regulations as may be necessary for the management, control, letting, and use of such public assembly or convention hall; provided, however, that in cities, towns, or municipal corporations, operating under a charter, heretofore or hereafter framed under section 8 of article 11 of the constitution, and providing for a board of public works, all matters and things required in this section to be done and performed by the legislative body of the municipality, shall be done and performed by said board of public works; provided, further, that in cities, towns, or municipal corporations not having such board of public works, the legislative body may, by ordinance, fipnoint a commission to select the site for said hall, to have charge and super- 885 MUNICIPAL CORPORATIONS. Acts 2373, 2374 vision of its construction, and to manage and control the letting and use thereof, and may, by ordinance, prescribe and regulate the powers and duties of said commission. § 10. This act shall take effect immediately. ACT 2373. To provide for changing the boundaries of municipal corporations, and to exclude territory therefrom. [Stats. 1889, p. 356.] Citations. Cal. 85/ 370,371,372; 95/452; 100/572; 109/471,473; 123/605; 148/627, 628, 641, 642; 153/544, 547, 549; 154/222, 226. Superseded in part, at least, by 1889, p. 433, c. CCLXXX. See next act. ACT 2374. An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the districting, government, and munici- pal control of annexed territory. [Approved March 19, 1889. Stats. 1S89, p. 338.] Amended 1905, p. 551. Citations. Cal. 123/600, 606; 133/340. "See 1889, pp. 356, 433; 1899, p. 37. Constitutional (People v. Town of Ontario, 148 Cal. 625)." — Code Commissioner's Note. Alteration of boundaries of incorporated towns or cities. § 1. The boundaries of any incorporated town or city, whether here- tofore or hereafter formed, incorporated, reincorporated, organized, or reorganized, may be altered, and new territory annexed thereto, incor- porated and included therein, and made a part thereof, upon proceed- ings being had and taken as in this act provided. The council, 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 asked to be annexed to such corporation, and signed by not less than one-fifth in number of the qualified electors of such municipal 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 cor- poration, the question whether such new territory shall be annexed to, incorporated in, and made a part of said municipal corporation. Such question shall 136 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 pub- lished in such municipal corporation, and also in a newspaper, if any such there be, printed and published outside of such corporation, 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 Act 2374, § 1 GENERAL LAWS. 880 next preceding the date of such election. Such notice shall distinctly state the proposition to be submitted, i. e., that it is proposed to annex to, incorporate in, and make a part of such municipal corporation the territory sought to be annexed, specifically describing the boundaries thereof; and in said notice the qualified electors of said municipal cor- poration, and the qualified electors residing in said territory so proposed to be annexed, shall be invited to vote upon such proposition by placing 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 precinct or precincts, and the place or places at which the polls will be opened in such territory so proposed to be annexed, and also in such municipal corporation. 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 legi'slative body is empowered to, and it shall, appoint the officers of such election, who shall be, for each voting place in such municipal corporation, and for such voting place in said new territory, two judges and one in3pector, 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 general 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 immedi- ately return the same as below provided, doing so, as nearly as prac- ticable, in the manner provided in the election laws of this state; but the ballots, tallj^-sheets, and returns shall be so returned to and depos- ited 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; and such canvass shall be completed at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjournment or adjournments, if possible, until said canvass is completed. Such canvass by such legis- lative body shall be conducted and completed as follows: The ballots cast in such outside territory so proposed to be annexed together with the tally-sheets and returns belonging therewith, shall be canvassed separately; and the ballots cast inside of said municipal corporations, together v/ith their tally-sheets and returns, shall be canvassed sep- arately. Immediately upon the completion of such canvass said legis- lative 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 east in such municipal corpora- tion, 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 887 MUNICIPAL CORPORATIONS. Act 2374, §§ 2-4 territory, and a majority of all the ballots cast inside of said municipal corporation, are in favor of annexation, the clerk, or other oflicer per- forming the duties of clerk, of such legislative body, shall promptly make and certif}', . under the seal of said municipal corporation, and transmit to the secretary of state, a copy of said record fo entered upon said minutes, together with a sfatemcnt showing the date of said elec- tion and the time and result of said canvass, which document shall be filed by the secretary of state immediately upon the receipt thereof. From and after the date of the filing of said document in the office of the secretary of state, the annexation of such territory so proposed to be annexed shall be deemed and shall be complete, and thenceforth such annexed territory shall be, to all intents and purposes, a part of such municipal corporation, 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 existing at the time of such annexation. No territory which, at the time such petition for such proposed annexation is presented to such legislative body, forms any part of any incorporated town or city, shall be annexed under the provisions of this act. Altering boundaries of wards. § 2. The legislative body of any incorporated town or city which is or shatl be divided into wards, and to which territory has been hereto- fore or shall be hereafter annexed, must by ordinance either so alter the ] cundaries of the wards of such municipal corporation as to include such annexed territory in one or more wards adjoining such annexed territory, or make of such annexed territory one or more additional wavds; provided, that the number of wards shall not be so increased as to exceed the number which such municipal corporation may according to law have. In altering the boundaries of wards, or creating new wards, regard must be had to the number of inhabitants, so that each w^rd shall contain, as near as may be, an equal number of inhabitants, exclusive of persons incapable of citizenship in this state. § 3. Nothing in this act provided for sh?ll alter or affect the boundaries of any senatorial or assembly district. Expenses, how paid. §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 attempt- ing to annex such territory. In the event that a tax for road purposes has been levied by the board of supervisors of any county against prop- erty situate in territory which, subsequent to such levy, is annexed by any town or city under the provisions of this act, but which, at the time of such annexation has not been collected, then all such taxes so uncol- lected shall be and become the property of the town or city to which such territory is annexed, and same shall, with other county taxes, be collected by the county tax collector, and by him paid into the county treasury of said county, after which the same shall, by the Act 2375 GENERAL LAWS. 888 county treasurer, be paid to such town or city, upon proper warrant therefor. The town or city clerk, or other officer performing the duties of clerk of such town or city, shall, at any regular meeting of the board of supervisors of said county, present, and file a verified claim for any money thus due such town or city; setting forth the fact, and the date of such annexation, and the amount in the hands of said county treas- urer so due such town or city. Said claim shall be audited by the board of supervisors in the manner in which other claims against the county are audited, and if the amount thereof is correct, the same shall be allowed, and the county auditor instructed to draw his warrant for said amount against the road fund of the district in which such annexed territory is situated. This law shall apply to all such taxes not paid into the county treasury prior to the passage of this act. [Amended 1905, p. 551; took effect immediately.] § 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: ACT 2375. An act to provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom. [Approved March 20, 1889. Stats. 1889, p. 433.] Amended' 1905, p. 715. Citations. Cal. 85/370, 371; 95/452; 139/626, Exclusion of territory and changing boundaries of municipal corporations. § 1. The boundaries of any city or municipal corporation may be altered, and territory excluded therefrom after proceeding had, as re- quired in this section. The council, board of trustees, or other legis- lative body of such corporation, shall, upon receiving a petition there- for, signed by not less than a majority 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 corporation and cease to be a part thereof. Such question 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 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 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 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 usually 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- 889 MUNICIPAL CORPORATIONS. Act 2376 tory proposed to be excluded shall be entitled to vote at the polls in such tcnitoiy, and not elsewhere. Such legislative body shall also ap- point and designate in such notice the names of the ofTicers 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 proposed to be excluded shall be canvassed separately, 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 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 voting in such corporation, exclusive 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 exclusion of 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 exclu- sion; 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 proportion of liability 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 municipal cor- poration for any payment on account of such debts; and provided fur- ther, that any such territory so excluded from any municipal corporation may at any time tender to the legislative body of such municipal cor- poration 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 such municipal corporation to levy and assess taxes on such excluded territory shall cease; provided, however, that after an election shall have been held for the exclusion of any portion of a municipal corporation, if the vote shall be against exclusion, no election for the exclusion of the same territory shall again be held within three years from the date of such former election. [Amended 190.5, p. 715.] §2. This act shall take effect and be in force from and after its passage. ACT 2376. 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 Acts 2377-2381 GENERAL LAWS. 890 the property thereof. [Approved March 25, 1893. Stats. 1893, p. 536.] Codified by §§ 1822c-1822f, Code of Civil Procedure. ACT 2377. To provide for the alteration of the boundaries of incorporated town5 and cities by the annexation of uninhabited territory thereto, and for the incorporation of such annexed territory in and as a part of such municipality, and for the districting, government and municipal control of annexed territory. [Stats. 1899, p. 37.] Citations. Oal. 148/634, 640, 642. See People v. Ontario, 148 Cal. 625. ACT 2378. Municipal corporations act, enabling them to annex adjacent property. [Stats. 1871-72, p. 50.] Repealed 1873-74, p. 535. ACT 2379. To provide for changing the boundaries of cities and municipal cor- porations, and to exclude territory therefrom. [Approved March 19, 1889. Stats. 1889, p. 356.J Citations. Cal. 85/370, 371, 372; 95/452; 100/572; 109/471, 473; 123/605. The code commissioners say this act was superseded, in part at least, by 1889, p. 433, ante. Se« Act 2375, ante. ACT 2380. To enable the board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, to obtain data and information, from any corporation, company, or person supplying water to such city and county, citv, or town, re- quiring such boards, town council, or other legislative body to perform the duties prescribed by section 1 of article 14 of the constitution, and prescribing penalties for the nonperformance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Amended 1885, p. 95. * Citations. Cal. 61/5, 61/28, 44, 45; 82/331, 335, 336; 100/138; 118/479, 487, 579; 122/288. Unconstitutional in part. Fitch v. Supervisors, 122 Cal. 285. See this act, tit. "Water Companies," post, 4348. See, also. Act 4346, post. ACT 2381. Authorizing municipalities of less than the first class to obtain, by pur- chase, donation, or devise, lands for cemetery purposes; and author- izing the board of trustees of said municipalities to make all neces- sary rules and regulations for the government and disposition of the same. [Stats. 1899, p. 22.] 691 MUNICIPAL CORPORATIONS. Acts 2382, 2383 ACT 2382. An act to ratify and confirm the conveyance of certain property to trustees for charitable or educational purposes by the city council or trustees of any city of less than fifty thousand inhabitants, or of any incorporated town. [Approved March 8, 18S9. Stats. 1889, p. 94.] Confirming conveyance of property for charitable or educational pur- poses, § 1. Wherever the city council or trustees of any citv of less than fifty thousand inhabitants, or of any incorporated town, has by deed of trust convej^ed property, or any portion thereof, that has been set apart for a public park, to trustees, for charitable or educational uses, such conveyance is hereby ratified and confirmed; provided, 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 control of or in any way tributary to any religious creed or order, church, or sectarian denomination what- soever; provided further, that land so conveyed shall be kept 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 conveyed shall revert to the grantors, when- ever and so far as the grantees do not use the same in accordance with the stipulations of the deed of trust and with the requirements of this statute. §2. This act shall take effect immediately. ACT 2383. An act to provide for the consolidation of municipal corporations. [Approved March 11, 1909. Stats. 1909, p. 282.] Consolidation of municipalities, proceedings for. § 1. Two or more municipal corporations, each one of which is con- tiguous to the other, or to one of the others of said municipal corj'ora- tions, either one or more of which shall be incorporated under general laws, or operating under a freehilders' charter, may become consoli- dated into one municipal corporation, to be thereafter governed in the name and under the general municipal incorporation law, or freeholders' charter, as the case may be, under which the greater or greatest in population of such municipal corporations, as shown by the last federal census, may be governed, pursuant to proceedings had and taken in accordance with the provisions of this act. If any one or more of said municipal corporations shall have been incorporated subsequent to the taking of the last federal census, the greater or greatest in popula- tion of such municipal corporations shall, for the purposes of this act, Act 2333, §2 GENERAL LAWS. 892 be deemed to be the municipal corporation in which the larger or largest vote was cast at the last preceding general state election. Submission of (luestion to electors. Special election. §2. The council, board of trustees, or other legislative body of the one of said municipal corporations having the greater or greatest popu- lation, ascertained as hereinbefore provided, shall, upon receiving a petition therefor, signed by not less than one-fifth of the qualified voters of each of' said municipal corporations designated in said petition and proposed to be consolidated, as shown by the total number of votes cast at the last preceding general state election in each of said municipal corporations respectively, forthwith submit to the qualified electors of each of such corporations the question whether such municipal corpora- tions shall become consolidated into one municipal corporation, to be governed in the name, and under the freeholders' charter, or as a city of the class under the general municipal incorporation law, as the case may be, under which the greater or greatest in population of Buch municipal corporations, ascertained as hereinbefore provided, may be governed at the time such petition is so received. Such legislative body shall designate a day upon which a special election shall be held in each of such municipal corporations so proposed to be consolidated for the purpose of submitting to the qualified electors of each of said munici- pal corporations the question whether such consolidation shall be effected, and shall cause written notice that such petition has been received, and of the date of such election, to be given by the clerk thereof to the council, board of trustees, or other legislative body of each of the other of such municipal corporations. It shall thereupon be the duty of the legislative body of each of the municipal corporations so proposed to be consolidated to forthwith give notice of such election by publication in a newspaper printed, published and circulated in such municipal corporation, and designated for that purpose, by such legislative body, if any such newspaper be printed and published therein, at least once a week for four successive weeks prior to such election. If there be no newspaper printed, published and circulated in any one or more of such municipal corporations, the legislative body thereof shall cause such notice to be posted in three of the most public places in such municipal corporation in which there is no such newspaper for at least four weeks prior to such election. Such notice shall distinctly state the proposition so to be submitted, the names of the municipal corporations so proposed to be consolidated, the date of such election, which date .^hall be within twenty days after the expiration of the publication or posting of such notice, and shall be the same for all such municipal corporations so proposed to be con- solidated. The legislative body of each such municipal corporation shall establish, and in such notice of election shall designate the election precinct or precincts for said special election and the place or places at which the polls therefor will be opened in each municipal corpora- tion proposed to be consolidated respectively; and in establishing such election precincts, such legislative body may consolidate the precincts 893 MUNICIPAL CORPORATIONS. Act 2383, $ 2 which existed in such municipal corjtoration for the holding of the last preceding general state election, into special election precincts and to a number not exceeding three for each such special election precinct, and shall number such special election precincts so established consecutively, and each such special election precinct so established shall, for the pur- pose of such election, be known by the number so designated. Such notice shall direct the electors of each municipal corporation so proposed to be consolidated to vote upon the proposition of such proposed con- solidation in the manner hereinafter provided. The legislative body of each such municipal corporation shall appoint oiRcers of election from the registered electors of each precinct, or special election precinct, so established, as aforesaid, whose names appear upon the last assessment- roll of such municipal corporation, to serve as election otHcers only in the election precinct in which they are registered and actually reside, to constitute the election board for such precinct, which shall consist of two judges and one inspector. Upon the ballots to be used at such election there shall be printed the words "for consolidation," and "against consolidation," in separate lines, and there shall be a voting square at the right of and opposite to each such proposition. If an elector shall stamp a cross (X), in the voting square after and op- posite to the printed words "for consolidation," his vote shall be counted in favor of consolidation; if he shall stamp a cross (X) in the voting square after and opposite to the printed words against con- solidation, his vote shall be counted against consolidation. 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 near as may be, with the general laws of this state concerning general elec- tions, except as herein provided. The judges and inspectors of each such election precinct shall imme- diately on the closing of the polls canvass the ballots, make up and certify the tally-sheets of the ballots cast at their respective polling- places, seal up, and immediately return the ballots and tally-sheets as hereinafter provided. As soon as all the ballots are counted and sealed up, a statement must be attached to the tally-sheets showing the total number of votes cast, the number of votes cast in favor of consolida- tion, the number of votes cast against consolidation in each such election precincts and such statement must be signed by the members of the election board. The ballots and tally-sheets and returns shall be de- livered to and deposited with the clerk of the legislative body of the municipal corporation, which received the petition hereinbefore men- tioned, and submitted the question of such consolidation. In all par- ticulars except as hereinbefore provided said canvass shall be conducted and said ballots and tally-sheets Fhall be returned as provided b^y law for general elections. The legislative bodies of each of such municipal corporations so proposed to be consolidated shall meet in joint conven- tion at the regular place of meeting of the legislative body of the one of such municipal corporations that received the petition hereinbefore mentioned and submitted such question of consolidation as hereinbefore provided, on the Monday next succeeding the day of such election at the Act 2383, §2 GENERAL LAWS. 894 hour of ten o'clock A. M. of said day, for the purpose of canvassing the returns of said election and certifying the result thereof; provided however, that the presence of a majority of the members of each of such legislative bodies at such joint convention shall constitute a quorum thereof, and shall be sufl&cient to enable such joint convention to perform the duties herein prescribed. The president of the council, board of trustees, or other legislative body of the municipal corpora- tion in which such joint convention is held, shall be ex-officio president of such joint convention, and the city clerk of such municipal corpora- tion shall be ex-officio the clerk thereof. Such joint convention shall at the time hereinbefore appointed, meet and proceed to canvass said re- turns, and such canvass shall be completed at such meeting if practicable, and in any event, within three days thereafter. Such canvass by such joint convention shall be conducted and completed as follows: The re- turns of the votes cast in each such municipal corporations shall be canvassed separately, and in such order as said joint convention, by a majority vote, shall direct. Immediately upon the completion of such canvass said joint convention shall cause a record thereof to be made and entered upon its minutes, showing the total number of votes cast in each such municipal corporation, the number thereof cast in each in favor of consolidation, and the number thereof cast in each against consolidation. If it shall appear from such canvass that a majority of the votes cast in each such municipal corporation shall be in favor of such Consolidation, such joint convention, by an order entered upon its minutes shall declare the result and cause the clerk thereof to make an original abstract of the result of such election in each such municipal corporation, which abstract shall show the total number of votes cast at such election in each such municipal corporation, the num- ber of votes cast in each for consolidation, and the number of votes cast in each against consolidation. Said abstract shall be signed by the president of such joint convention, and attested by the clerk thereof, under the seal of the municipal corporation in which such joint convention shall be held. Said C'erk shall also make certified copies of such abstract equal in number to the number of municipal corpora- tions in which such election was held; one of which he shall file in his office, as city clerk of the municipal corporation in which such joint convention was held, and the other certified copies of such abstract shall be delivered one to each of the clerks of the other municipal cor- porations in which such election was held, v/ithin three days after the completion of such canvass by such joint convention; and the same shall be presented to the legislative body of each such municipal cor- porations by the clerk thereof at its next regular meeting after the delivery thereof to him, as aforesaid, and recorded upon the minutes of such legislative body. The clerk of such joint convention shall keep a record of its proceedings, and upon the completion of such canvass shall file such record in his office, as clerk of the municipal corpora- tion in which such joint convention shall be held. Upon the recording of such abstracts in the minutes of tlae legislative body of each municipal corporation, the clerk thereof shall certify that fact to the city clerk 895 MUNICIPAL CORPORATIONS. Act 2383, § 2 of the nuinicipal corporation in which such joint convention was held, who shall transmit to the secretary of state the said original abstract of the result of said election, made and signed as hereinbefore pro- vided, and said original abstract shall be filed by the secretary of state in his office immediately upon receiving the same, and a certificate of the filing of such original abstract in his office shall be by the secre- tary of state transmitted forthwith to the clerk of the municipal cor- poration in which such joint convention was held. In the event that the one of siK-h municipal corporations so proposed to be consolidated, having the greater or greatest population ascertained as hereinbefore provided, shall be operating under a freeholders' char- ter, such consolidation shall be deemed to be completed, and such municipal corporations shall be deemed to be consolidated into a new municipal corporation upon the filing of such original abstract in the office of the secretary of state, as aforesaid; and thereupon, said free- holders' charter shall ipso facto Le and become the charter of such consolidated municipal corporation, which shall operate and be gov- erned as a new municipal corporation in the name of and under such freeholders' charter of the one of such municipal corpoi^ations so con- solidated having the greater or greatest population, and the other or others of the municipal corporations so consolidated shall be ipso facto dissolved, and disincorporated, and any freeholders' charter thereof shall be deemed to be surrendered and annulled. And upon the completion of such consolidation, such other or others of the municipal corporations so consolidated shall be deemed to be annexed to and joined to and merged into the on« of said municipal corporation so operating under a freeholders' charter and having the greater or greatest population, as aforesaid. In the event that the one of such municipal corporations so proposed to be consolidated, having the greater or greatest population, ascertained as hereinbefore provided, shall not be operating under a freeholders' charter, and the electors of all such municipal corporations proposed to be consolidated shall vote in favor of consolidation, and all other acts and proceedings for the consolidation of such municipal corporations into one municipal corporation shall have been severally, duly and regularly done and performed as hereinbefore provided, and the original abstract mentioned in this section of this act shall have been filed in the officfi of the secretary of state as aforesaid, thereupon the legislative body of the one of such municipal corporations so proposed to be consolidated having the greater or greatest population, shall proceed to call a spe- cial election to be held in all the municipal corporations so proposed to be consolidated, for the election of the officers required by law to be elected in corporations of the class to which the consolidated municipal corporation shall belong wiien such consolidation is completed. Such election shall be held within ninety days after the filing of such original abstract in the office of the secretary of state, as hereinbefore provided, and shall be called and conducted in all respects in the manner pre- scribed, or that may hereafter be prescribed by law for municipal elec- tions in municipal corporations of such class. Act 2383, § 3 GENERAL LAWS. 898 The returns of such election shall be canvassed by the legislative body calling the same at its next regular meeting after such election, in the manner provided by law, and upon the completion of such canvass shall declare the result thereof, and cause the same to be entered upon its minutes. From and after the date of such entry, such consolidation shall be deemed to be completed, and such municipal corporation shall be deemed to be consolidated into a new municipal corporation; and thereupon such new corporation shall be governed in the name of and under the general law applicable to municipal corporations of the class to which such new corporation shall belong, with the powers conferred, or that may be hereafter conferred upon municipal corporations of such class. 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 said offices respectively only until the next general municipal election to be held in such municipal corpora- tion, and until their successors are elected and qualified. Titles to municipal property. Vested rights. Ofacers. Debts. Ordi- nances. § 3. Any municipal corporation created by the consolidntion of munici- pal corporations under the provisions of this act, shall fur all purposes be deemed and taken to be the successor of the several municipal cor- porations so consolidated therein; and the title to any yToperty owned or held by any such municipal corporations or in trust therefor, or by any officer or board of any such municipal corporations, in trust or otherwise for public use, shall, upon such consolidation being completed, as hereinbefore provided, ipso facto be vested in such new municipal corporation, or any officer or board thereof which has the power to hold, or control such property under the freeholders' clr^.rter, or other law under which the greater or greatest in population of the municipal corporations so consolidated was theretofore governed. That upon the completion of such consolidation, if the greater or greatest population of such municipal corporations so consolidated be operated under a freeholders' charter, all persons then in possession or occupancy of the several offices in each of the other municipal corpora- tions so consolidated, shall immediately quit and surrender the posses- sion of such offices, which shall thereupon cease and iletermine, and they shall forthwith deliver all moneys, funds, books, papers, archives, and records in their official custody, and all other property of such municipal corporations in their hands, or under their control to the proper officers under the freeholders' charter of such greater or greatest municipal corporation; and if the greater or greatest in population of such municipal corporations so consolidated be theretofore organized and existing under the general municipal incorporation laws of this state, all persons then in possession or occupancy of the several offices and in each of the municipal corporations so consolidated, shall, upon the completion of such consolidation, immediately upon the entry of the officers of the new municipal corporation created by such consolidation, upon the duties of their respective offices as hereinbefore provided, de- 897 MUNICIPAL CORPORATIONS. Act 2383, § 4 liver all moneys, funds, books, papers, archives, and records in their official custody, and all other property of such municipal corporations in their hands, or under their control, to the proper officers of such new municipal corporation. That any consolidation of municipal corporations efTeeted under the provisions of this act shall not affect any debts, demands, liabilities or obligations of any kind existing in favor of or aga-nst any such municipal corporations so consolidated, at the time of such consolidation or any action or proceeding then pending in any court in which any such debt, demand, liability or obligation of any kind may be involved, or any action or proceeding brought by or against any such municipal cor- poration prior to such consolidation; but all such proceedings shall be continued and concluded, by final judgment or otherwise, in all respects the same as if such consolidation had not been effected. All ordinances of any municipal corporations consolidated under the provisions of this act, except those of the one having the greater or grea^-ost population shall immediately, upon such consolidation being effected, be deemed to be repealed and of no further force and effect; provided, however, that such repeal shall not operate to discharge any person, from, any liabilityj civil or criminal, then existing, nor to affect any prosecution then pend- ing for any violation of any such ordinances; and all cases then pending in any justices' court, police court or court of any recorder, or other judicial municipal magistrate or officer of any of the municipal cor- porations so consolidated, except of the one having the greater or greatest population shall, upon such consolidation being effected be deemed ipso facto to be transferred to justices' court, police court or court of any recorder, or other judicial municipal magistrate or officer of the one of such municipal corporations of the greater or greatest popu- lation having jurisdiction of proceedings or misdemeanors or of other actions civil or criminal of the character so transferred; provided fur- ther, that such repeal shall not apply to ordinances under which vested rights have accrued, or to ordinances relating to proceed'ngs for street or other public improvements, or to proceedings for opening, extending, widening or straightening streets or other public places, or to proceed- ings for changing the grade therv^of, all of which proceedings shall be continued and conducted by and under the authority of the new consoli- dated municipal corporation, with the same force and effect as if con- tinued and conducted by and under the authority of the municipal corporation by which they were commenced. And all ordinances of thft one of the municipal corporations consolidated under the provisions of this act having the greater or greatest population, shall, upon the com- pletion of such consolidation, ipso facto have full force and effect in and throughout the new consolidated municipal corporation. Provision for payment of debts. §4. That no property in either of the municipal corporations consoli- dated under the provisions of this act shall ever be taxed to pay any portion of any indebtedness or liability of any of the other such munici- pal corporations, contracted OS incurred prior to or existing at the time Gen. Laws — 57 Act 2384 GENERAL LAWS. 898 of such consolidation. The legislative body of any consolidated municipal corporation, consolidated under the provisions of this act, shall provide for the payment of the indebtedness or liability of each of the municipal corporations consolidated therein and shall levy and collect the neces- sary taxes therefor, and for that purpose, and for all other purposes, such consolidated municipal corporation and its officers shall be deemed the successor and successors of such municipal corporations so consoli- dated and their respective officers. Boroughs, right to establish, §5. In the event that the greater or greatest in population of any municipal corporations, consolidated under the provisions of this act, shall be operating under a freeholders' charter, which charter shall at any time provide that a borough or boroughs may be established in any territory, or incorporated city or town, annexed to or joined to such municipal corporation, such borough or boroughs to be governed as in such charter provided; nothing in this act contained shall prevent or be construed to prevent any other municipal corporation, or any portion thereof so consolidated with the municipal corporation so operating un- der such freeholders' charter, from becoming a borough under such free- holders' charter, to be established and governed as therein provided. Expenses of consolidation. §6. All proper expenses of proceedings for the consolidation of municipal corporations under this act, shall, if such consolidation be made and completed, be paid by the consolidated municipal corporation; and if such consolidation be not completed, each municipal corporation shall pay the expenses of calling and holding said election within such corporation. § 7. All acts and parts of acts in conflict with this act are hereb> repealed. ACT 2384. An act authorizing municipal corporations, other than freeholder charter cities, to change their names, and providing the procedure there- for. [Approved March 3, 1909. Stats. 1909, p. 138.] § 1. The name of any city or municipal corporation within this state, except a freeholder charter city, may be changed upon proceedings taken as in this act provided. The council board of trustees or other legislative body of such corporation, shall, upon receiving a petition asking that the name of the city be changed, and stating the name to which it is proposed to change it, signed by not less than fifty per cent of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such cor- poration the question whether the name shall be changed as proposed in such petition. Such questions shall be submitted at a special elec- tion to be held for that purpose, and such legislative body shall give 89D MUNICIPAL CORPORATIOXS. Act 2385 notice thereof by publication at least once a week for a period of four weeks, prior to such election, in a newspaper printed and published in such corporation. Such notice shall distinctly state the proposed name, and the electors shall be invited thereby to vote for or against such proposed change of name. If upon canvassing the votes cast at such election it is found that two-thirds of the total number of votes so cast are in favor of the proposed change of name, the board of trustees shall file a statement of the holding of such election and the result thereof, with the secre- tary of state, and also the board of supervisors of the county in which the city or municipal corporation is situated, and from thenceforth and thereon the name shall be changed to that proposed at the said elec- tion. § 2. If upon canvassing the votes cast at such election it is found that two-thirds of the total number of votes so cast are not in favor of such change of name, no further proceedings shall be had for a term of ten years thereafter. § 3. In all other respects not recited herein, the election herein men- tioned, shall be held as provided by law for holding municipal elections in such municipality. §4. This act shall take effect and be in force from and after its passage. ACT 2385. An act approving leases heretofore made by counties or municipalities of certain lands belonging to the state. [Approved March 23, 1907, Stats. 1907, p. 987.] § 1. In all cases in which any county or municipality in the state of California has, prior to the first day of January, 1907, and subsequent to the first day of January, 1901, leased to any person or persons any tide or submerged lands belonging to the state, within the municipal boundaries of such county or municipality, or within boundaries over which it was at the time of any such lease, acting in the exercise of de facto authority, the exclusive right to the use and possession of such lands from the date of such lease, for the full term thereof, not ex- ceeding fifty (50) years in any case, is hereby confirmed in the lessee or lessees thereof and their successors in interest; and priority in date of any such leases shall give priority in right; provided, that nothing in this act contained shall be deemed or taken to confirm any such leases, unless the property therein described shall at all times during the con- tinuance of such leases be applied by the lessees, or their successors in interest, to public or quasi-public uses; and provided further, that within one (1) year from the date this act shall take effect said lessee or lessees, or their successors in interest, shall commence in good faith the improvement of said premises for the purposes aforesaid and shall pros- ecute the same to completion with reasonable diligence; and provided, Acts 2386-2388 GENERAL LAWS. 600 further, that nothing herein contained shall be deemed to extend or revive any lease which by its terms has expired, nor to apply to any interest or claim of interest other than under a lease. § 2. This act shall take effect and be in force upon its passage. ACT 2386. An act authorizing any incorporated town, city or municipal corpora- tion to permit the construction and maintenance of any state or county highway or boulevard over highways or streets in its in- corporated limits, or any portion thereof, by the supervisors or highway commissioners of the county. [Approved March 19, 1909. Stats. 1909, p. 429.] § 1. Any incorporated city, town or municipal corporation in this state, is hereby authorized and empowered to permit by ordinance the use of its streets and highways by the board of supervisors or highway commissioners of the county, for the purpose of constructing and main- taining thereon any highway or boulevard as part of a state or county system of roads through its incorporated limits, or any portion thereof. ACT 2387. An act authorizing municipal corporations, counties, and cities and coun- ties to acquire and hold lands by purchase or otherwise, or by lease for a term of years, for the purpose of developing and encourag- ing agricultural, horticultural, or botanical products and exhibiting the same, or for the purpose of erecting, rebuilding or furnishing historical museums or art galleries thereon. [Approved March 22, 1909. Stats. 1909, p. 655.] § 1. Any municipal corporation, county, or city and county in this state is hereby authorized and empowered to acquire and hold by pur- chase or otherwise, or by lease, lands situated within the limits thereof, for a term not exceeding fifty years, for the purpose of developing and r'neouraging agricultural, horticultural, or botanical products and for exhibiting the same, or for the purpose of erecting, rebuilding or fur- nishing historical museums or art galleries thereon under such terms and conditions as may be approved by the city council, board of trus- tees, or other legislative body of such municipal corporation, or by the board of supervisors of such county or city and counly. § 2. All acts and parts of acts in conflict with this act, are hereby repealed. § 3. This act shall take effect immediately. ACT 2388. An act granting to municipal corporations of the state of California, rights of way over public lands of the state for the location, con- struction and maintenance of waterworks and power plants; and 901 MUNICIPAL CORPORATIONS. Act 2388, §§ 1, 2 the right to take material from such lands for the construction of such works and to take any waters belonging to the state for the purpose of supplying any such municipality and its inhabitants with water. [Approved March 20, 1909. Stats. 1909, p. 581.] Grant of rights of way over state lands. Right to take waters. §1. That there is granted to every municipal corporation of the state of California, the right of way for the location, construction and main tenance of waterworks and works for the generation and distribution of electrical power, and for every necessary adjunct thereto, over any swamp, overflowed, or other public lands of the state, not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of such works or adjuncts, or for the protection thereof, and not, in any case, exceeding one hundred feet in width along each side of the marginal limits of such works or adjuncts; also the right to take from any of the lands belonging tc the state adjacent to the works of such corporation, all materials, such as wood, stone and earth, naturally appurtenant thereto, which may be necessary and convenient for the original construction of such works and adjuncts; and also the right to take any waters belonging to the state, not otherwise disposed of, now or hereafter flowing or existing in any stream or lake intersected, crossed, or tapped by said waterworks, so far as may be necessary to give such municipality and its inhabitants an ample supply of water for all municipal, domestic, irrigation and manufacturing purposes. Whenever any municipal corporation shall de- sire to take any of the said waters so belonging to the state, for the purposes mentioned in this act, the legislative authority thereof shall cause a notice that said municipal corporation intends to take such waters, to be posted and recorded in the manner provided in sec- tion 1415 of the Civil Code of California. Said notice shall be signed in the corporate name of such municipal corporation by its mayor, or other officer, authorized so to do by the legislative authority thereof In taking any of said waters, under this act, such municipal corpora- tion shall comply with and be subject to all the provisions of title VIII, sections 1410 to 1422, inclusive, of said Civil Code; provided however, that for the purpose of the taking of any of said waters by such municipal corporation, under the provisions of this act, the words "water- works," as used herein, shall be construed to be the works b}' which such municipal corporation proposes to convey said waters, so taken from such stream or lake, to the place of intended use and store the same; and provided further, that the construction of said waterworks shall be deemed to be included in, and to be a part of, the construc- tion of the works in which said municipal corporation intends to divert said waters, within the meaning of section 1416 of the said Civil Code. Change of route, reversion of lands. §2. If the route or location of any such works or adjuncts is changed so as not to cover or cross the lands selected, or the use of the land Act 2389 GENERAL LAWS. 802 selected is abandoned, such selected lands revert, and the title thereto is reinvested in the state or its grantees free from all such uses. Plat of lands to be furnished certain officers. § 3. When any selection of the right of way or land for such water- works or adjuncts thereto is made by any municipal corporation, the legislative authority thereof must transmit to the surveyor general, con- troller of state and recorder of the county, in which the selected lands are situated, a plat of the lands so selected, giving the extent thereof and the uses for which the same is claimed or desired, duly verified to be correct, and if approved, the surveyor general must so indorse the plat and issue to the corporation a permit to use such right of way and lands, unless on petition properly presented to a court of competent jurisdiction, a review is had and such use prohibited. §4. This act shall take effect immediately. ACT 2389. An act authorizing municipal corporations to permit other municipal corporations to construct and maintain sewers, water-mains, and other conduits therein, also to construct and maintain sewers, water mains, and other conduits for their joint benefit, and at their joint expense, and to make and enter into contracts for said purposes. [Approved March 22, 1909. Stats. 1909, p. 677.] §1. That any municipal corporation, under such terms and conditions as may be prescribed by the city council, or other legislative body thereof, is hereby authorized and empowered to permit any other municipal corporation to construct and maintain sewers, water mains or other conduits in, across, or along the streets and other public places of such municipal corporation, and to use the same for such purposes, under the provisions of this act, and not otherwise. § 2. Whenever the city council, or other legislative body of any municipal corporation, shall find, and by resolution shall declare, that the location of such municipal corporation, or any portion of the terri- tory included therein, is such that the same cannot be adequately or conveniently provided with sewers, water mains or other conduits, with- out the construction and maintenance by such municipal corporations, of certain sewers, water mains, or other conduits connecting therewith, in, across, or along certain streets, or other public places of any other municipal corporation, or corporations, such city council, or other legis- lative body, may cause a copy of such resolution to be submitted to the council, or other legislative body of such other municipal corporation or corporations in which such streets or other public places are situated. Said resolution shall contain a description of the sewers, water mains, or other conduits proposed to be constructed and maintained in such other municipal corporation or corporations, and shall designate the streets, or other public places thereof, in, across or along which such sewers, 903 MUNICIPAL CORPORATIONS. Act 2389, 5 3 water mains, or other conduits are so proposed to be constructed and maintained. Said resolution shall be accompanied by a request in writ- ing, that the municipal corporation on behalf of which the same is made, signed by the clerk thereof, be granted permission to construct and maintain the sewers, water mains or other conduits described in said resolution. The city council, or other legislative body of any municipal corporation receiving such request and a copy of such resolution may by ordinance grant such permission at its discretion, and under such terms and conditions as it shall therein prescribe. If the permission granted under the provisions of this section shall be for the construc- tion and maintenance of sewers, the city council, or other legislative body of any municipal corporation granting the same may, as a condi- tion to the exercise of such permission, require that said municipal corporation shall have the right to connect its sewers with the sewers to be constructed under such permission, and to use the same in con- nection with its sewer system, upon the payment by it of such propor- tionate part of the cost of construction and maintenance of such sewers to the municipal corporation by which the same shall be constructed, as may be determined by resolutions of the city councils, or other legis- lative bodies, of both municipal corporations; such payment to be so made at such times and in such amounts as may be so determined. § 3. All contracts for the construction or completion of any sewers, water mains or other conduits, or for furnishing labor or materials there- for, to be constructed by any municipal corporation in, across or along the streets of any other municipal corporation or corporations, as herein provided, shall be let to the lowest responsible bidder. The city coun- cil or other legislative body of the municipal corporation so constructing such sewers, water mains or other conduits, under permission granted as in this act provided, shall advertise for at least ten days in one or more newspapers published in such municipal corporation, inviting sealed proposals for furnishing the labor and materials for the proposed work before any contract shall be made therefor. The said city council, or other legislative body, shall require such bonds as it may deem best, from the successful bidder to insure the faithful performance of the contract work, and shall also have the right to reject any and all bids; provided, however, that nothing herein contained shall be construed as prohibiting such municipal corporation itself from constructing or com- pleting such works, and employing the labor necessary therefor, without such advertisement for proposals or letting of a contract; and provided, further, that in any municipal corporation operating under a freeholders* charter, heretofore or hereafter framed under section 8 of Article XI of the constitution, and providing for a board of public works, all the matters and things required in this section to be done and performed by the city council, or other legislative body of such municipal cor- poration, shall be done and performed by the board of public works thereof; and provided, further, that in case such charter or general law under which such municipal corporation is operating or existing, prescribes the manner of letting and entering into contracts for the Act 2390 GENERAL LAWS. 904 furnishing of labor, materials or supplies, for the construction or com- pletion of public works or improvements, the contracts for such sewers, water mains, or other conduits shall be let and entered into in con- formity with fcuch charter or general law. §4. Whenever the councils, or other legislative bodies of two or more municipal corporations shall find, and by resolutions adopted by them shall declare, that it will be for the interest or advantage of such municipal corporations so to do, such municipal corporations, by their respective city councils, or other legislative bodies, may enter into a joint agreement authorizing the construction and maintenance of sewers, water mains, or other conduits situated in the streets or other public places of either or any of such municipal corporations, or in part outside of the limits thereof, at the joint cost and expense of, and for the joint use and benefit of such municipal corporations, upon such terms and conditions, and under such regulations, as may be approved by the city councils or other legislative bodies of all such municipal corpora- tions; and the city council or other legislative body of each such munici- pal corporation may bind and obligate such municipal corporation to pay such proportionate part of the cost of the construction and mainte- nance of such sewers, water mains, or other conduits at such times and in such installments as may be so approved. All contracts for the con- struction of sewers, water mains or other conduits, under the provisions of this section shall be made and entered into by the one of such municipal corporation designated by the city councils or other legislative bodies of all such municipal corporations, and in the manner provided in section 3 of this act. Two or more municipal corporations may also, by their city councils, or other legislative bodies, enter into an agree- ment or agreements with each other for the joint use by such municipal corporations of any sewers, water mains, or other conduits theretofore, in whole or in part, constructed in the streets or other public places of either or any such municipal corporations, upon such terms and condi- tions as they may, by mutual agreement made by their respective city councils, or other legislative bodies, determine to be proper. § 5. This act shall take effect immediately. TITLE 334. MUNICIPAL WATER DISTRICTS. ACT 2390. An act to provide for the incorporation, organization and management of municipal water districts. [Approved April 26, 1909. Stats. 1909, p. 1097.] Municipal water district. § 1. A municipal water district may be organized, and incorporated and managed as herein provided and may exercise the powers herein expressly granted or necessarily implied. 905 MUNICIPAL WATER DISTKICTS. Act 2390, §§ 2-7 Ordinance, what must recite. §2. When any municipality in the state of California desires to or- ganize sncli a municipal water district, as herein provided for, tlie legis- lative body of anj^ municipal corporation, at any regular meeting of such body, may pass an ordinance reciting: 1. The name of the city adopting the ordinance; 2. That the public interest requires the incorporation of a municipal water district; 3. The names of the municipalities which it is desired to include within the district; 4. The name of the district which shall include the words "municipal water district." Copy to other municipalities. §3. Within ten days after such ordinance becomes a law the clerk of the said legislative body adopting the same shall transmit by regis- tered mail a certified copy thereof to the legislative body, or bodies, of the other municipalities named therein, addressed to the clerk thereof. Approval "by other municipalities. § 4. Within forty days after the receipt of such certified copy of such ordinance by any municipality named therein the legislative body thereof shall by ordinance either approve or disapprove the said ordi- nance without alteration or amendment; a failure on the part of any municipality to act as herein provided shall be deemed a refusal to approve of such ordinance. Copy to initiating municipality. §5. After the passage of said ordinance required to be passed by section 4 hereof the clerk of the municipality acting thereon shall forth- with forward a certified copy of such ordinance to the municipality initiating the proceedings. Fixing time for election. § 6. Within thirty days after the receipt of all the ordinances passed by the municipalities named in the initiatory ordinance, if it shall ap- pear that said initiatory ordinance has been approved by all of the municipalities named therein, the legislative body of the municipality initiating the proceeding shall fix a day for holding a special election in each of the municipalities that have approved of said ordinance at which shall be submitted to the electors thereof the proposition of or- ganizing such municipal water district, and shall also provide for hold- ing a similar election within its own municipality; in case the initiatory ordinance has not been approved by all of the municipalities named therein no further proceedings shall be had, but new proceedings may be taken as provided in section 2. Conduct of election. Ballots. Returns. §7. The date fixed for such special election shall be certified to all of the municipalities which may have adopted the ordinance herein pro- Act 2390, §§ 8-H GENERAL LAWS. 80G vicled for and the legislative body, or bodies, of such municipalities which shall have approved said ordinance shall call and provide for the holding of a special election in their respective municipalities on the day so fixed, and such election shall be held and conducted in manner and form as required by law for the holding of special elections within such municipalities, and the cost in each municipality of holding such election shall be paid by the municipality within which it is held. The ballots used at such election shall contain the words: "Proposition to organize a municipal water district (stating the name)," and the words "Yes" and "No," so placed that a voter may indicate his wish in this connection as either in favor of, or against said proposition; such bal- lots shall be counted and returns thereof made by the boards selected to conduct such election in time, form and manner as required by law for the holding of special elections within municipalities and shall be canvassed and the result thereof declared and determined by the board or officers charged with such duties within the municipality holding the election. Certificate of result. § 8. Within ten days after the canvass of the votes cast at such elec- tion, the board or otficers canvassing the same shall certify the result thereof to the legislative body of the municipality initiating the pro- ceedings. Certificate to secretary of state. § 9. Within thirty days after the receipt of the certificates showing the result of the election held in the several municipalities, if it appears therefrom that the proposition submitted has been approved by a ma- jority of the votes cast on said proposition in each municipality wherein such election is held, the legislative body of the municipality receiving such certificates shall certify to the secretary of state the passage of the ordinance provided for in section 2, its subsequent approval by the several municipalities approving the same in manner aforesaid and the result of the elections held as herein provided. Certificate by secretary of state. § 10, Upon the receipt of the certificate mentioned in the foregoing section, the secretary of state shall, within ten days, issue his certificate reciting that the municipal water district (naming it) has been duly incorporated according to the laws of the state of California and that such district is composed of the municipalities of (naming all the municipalities which have approved at the election such organiza- tion). A copy of such certificate shall be transmitted to each of the municipalities comprising such district. From and after the date of such certificate the district named therein shall be deemed incorporated as a municipal water district with all the rights, privileges and powers set forth in this act and necessarily incident thereto. Infonnality of proceedings. § 11. No informality in any proceeding or informality in the conduct of any election, not substantially affecting adversely the legal rights of 907 MUNICIPAL WATER DISTRICTS. Act 2390, §§ 12, 13 any citizen, shall be held to invalidate the incorporation of any municipal water district, and any proceeding wherein the validity of such incor- poration is denied shall be commenced within three months from the date of the certificate of incorporation, otherwise said incorporation and the legal existence of said municipal water district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable. Power of water district, § 12. Any municipal water district incorporated as herein provided shall have power: 1. To have perpetiial succession; 2. To sue and be sued, except as otherwise provided herein or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction; 3. To adopt ai seal and alter it at pleasure; 4. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of real and personal property of every kind within or without the district, necessary to the full exercise of its powers; 5. To acquire, or contract to acquire, lands, rights and privileges, and construct, maintain and operate conduits, pipe lines, reservoirs, works, machinery and other property useful or necessary to store, convey, sup- ply or otherwise make use of water for the benefit of the district; 6. To sell water under the control of the district to the municipalities comprising the same without preference to such municipalities; and *t may, whenever there is a surplus above that which may be required by such municipalities, sell, or otherwise dispose of such surplus outside of the district to persons, firms, public or private corporations; 7. To have and exercise the right of eminent domain and in the man- ner provided by law for the condemnation of private property for public use, to take any property necessary to supply the district or any por- tion thereof with water, whether such property be already devoted to the same use or otherwise, and may condemn any existing waterworks or system, or any portion thereof owned by any person or corporation. In proceedings relative to the exercise of such right, the district shall have the same rights, powers and privileges as a municipal corpora- tion; 8. To borrow money and incur indebtedness and to issue bonds or other evidences of such indebtedness; also to refund or retire any in- debtedness or lien that may exist against the district or property thereof; 9. To cause taxes to be levied for the purpose of paying any obliga- tion of the district; 10. To make contracts, to employ labor and do all acts necessary for the full exercise of the foregoing powers. Board of directors. § 13. The powers herein enumerated shall, except as herein other- wise provided, be exercised by a board to be known as the board of Act 2390, §§ 14-17 GENERAL LAWS. 908 directors of the named municipal water district. Such board shall be composed as follows: 1. The mayor, or president of the board of trustees of each municipal- ity comprising the district shall be, ex-offieio, a member of said board. 2. Each municipality having five thousand legal and registered voters shall choose by and from the members of its legislative body one addi- tional director and each municipality for each and every ten thousand legal and registered voters over five thousand shall choose by and from the members of its legislative body one additional director, all of whom shall serve during the pleasure of the body making the appointment; provided, that if such members do not desire to serve as such directors, said legislative body may choose any other person who is an elector and resident of such municipality. The number of legal and registered voters in each municipality on the first day of November, 1908, and every four years thereafter shall be taken as the basis for determining the representation of such municipality in the board of directors. Meeting of "board of directors. § 14. The legislative body of the municipality initiating the pro- ceedings for incorporating the district shall fix a time and place for the first meeting of the board of directors, which shall be within thirty days from the date of the incorporation of the district. Commissioners. § 15. At such meeting of the directors or at such time to which the proceedings may be continued, the board of directors shall choose three commissioners who shall constitute the commissioners of the named water district, but no director shall be eligible to appointment to such com- mission. The said commissioners shall have the power to make and enter into all contracts, appoint a secretary, who may be a member of the commission, and such other assistants and employees as may be necessary for the exercise of the powers of the district, to fix their compensation, prescribe their duties and remove any appointee at pleas- ure, and to generally manage its affairs, subject to such restrictions as the board of directors may impose. The commissioners shall receive such compensation as the board of directors shall determine and shall serve during its pleasure. Directors, organization and per diem. § 16. The board of directors shall elect one of its number president, adopt rules of procedure and fix a time and place for holding regular meetings. The secretary of the commission shall act as secretary of the board of directors. The directors shall receive for each day's at- tendance at the meetings of the board their necessary expenses of attending the meeting and shall receive no other compensation. Commissioners, organization. Funds of district. § 17. The commissioners shall elect one of its members president, who shall sign all contracts on behalf of the district and perform such other duties as may be imposed by the commissioners or the board of direc- y09 MUNICIPAL WATER DISTRICTS. Act 2390, §§ 18, 19 tors. They shall appoint an auditor, who shall not be a member of the board of directors, and who shall be charged with the duty of installing and maintaining a system of auditing and accounting that shall com- pletely and at all times show the financial condition of the district. He shall draw warrants to pay demands made against the district when such demands have been first approved by at least two of the commis- sioners. The commissioners shall also designate a depositary or de- positaries to have the custody of the funds of the district, all of which depositaries shall give security sufficient to secure the district against possible loss, and who shall pay the warrants drawn by the auditor for demands against the district under such rules as the directors may pre- scribe. Bonded indebtedness. § 18. Whenever the board of directors deem it necessary for the dis- trict to incur a bonded indebtedness it shall, by resolution, so declare and state the purpose for which the proposed debt is to be incurred and the amount thereof, and shall direct the commisioners to take, or cause to be taken, such proceedings as may be necessary to incur such debt and in the manner herein provided. Duty of commisioners Fix date of election. Notice of. § 19. The commissioners shall adopt a resolution reciting the adop- tion of the resolution mentioned in the foregoing section, state the prop- osition to be submitted to the electors, the amount of debt proposed to be incurred, the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed forty years, and the maxi- mum rate of interest to be paid, which shall not exceed five per cent per annum. They shall fix a date upon which an election shall be held for the purpose of authorizing said bonded indebtedness to be incurred, and shall transmit a certified copy of the resolution fixing such date to the officers or board having charge of the conduct of elections of each municipality comprising the district. It shall be the duty of such board or officers in each municipality to provide for holding such special elec- tion on the day so fixed and in the manner and form as special elections are held and conducted within the municipalit3\ Such board or officers shall give notice of the holding of such election, which notice shall contain the resolution adopted by the commissioners of the water district, the location of polling places and the names of the officers selected to conduct the election, which shall consist of one judge, one inspector and two clerks. Such notice shall be published for two weeks in a newspaper published in each municipality, which paper shall be designated by the commissioners of the water district, or if there is no newspaper printed in any municipality, then b}' post- ing such notice in three public places therein. All the expenses of holding such election shall be borne by the district and shall be paid or credited to each city upon the filing of a verified claim therefor with the secretary of the commission. The returns of such election shall be Act 2390, §§ 20-23 GENERAL LAWS. 910 made, the votes canvassed and the results thereof ascertained and de- clared as in case of other special elections within such municipalities. The board, or officers, declaring the results of such election shall certify such result to the commissioners of the water district. No irregulari- ties or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. In all respects not otherwise provided for herein said election shall be called, managed and directed as is by law provided for special elec- tions in the municipality in which such election is to be held. Form of bonds. § 20. If from such returns it appears that more than two-thirds of the votes cast at such election were in favor of and assented to the incurring of such indebtedness, then the commissioners may, by resolu- tion, at such time or times as they may deem proper, provide for the form of such bonds and for the issuance of any part thereof, as may sell or dispose of the bonds so issued at such times or in such manner as they may deem to be to the public interest. Status of bonds. §21. Any bonds issued by any district are hereby given the same force, value and use as bonds issued by any municipality and shall be exempt from all taxation within the state of California. Power to construct works. § 22. The commissioners shall have power to construct works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said works may intersect or cross, provided such works are constructed in such manner as to afford security for life and property, and said commissioners shall restore the crossings and intersections to their former state as near as may be, or in a manner not to have impaired unnecessarily their usefulness. Every company whose right of way shall be intersected or crossed by said works shall unite with said commissioners in forming said intersections and crossings and grant the rights therefor. 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 to have the same rights and privileges apper- taining thereto as have been or may be granted to the municipalities within the state. Control of distributing systems. § 23. The commissioners shall have no supervision or control of any of the distributing systems of the several municipalities, but the dis- tribution of water in said municipalities, the fixing of rates and collect- ing of charges therefor shall be under the exclusive supervision and control of each such municipality, and the control of the district shall end with the delivery of water to the several municipalities at the point of delivery by said district j provided, that until a municipality shall 911 MUNICIPAL WATER DISTRICTS. Act 2390. §§ 24-27 acquire a distributing system the district may own and lease the same to the municipality ui^on such terms as may be mutually agreed upon. Estimate of cost of organization. §24. Immediately after the organization of the board an estimate may be prepared of the probable amount of water that will be used by the several municipalities comprising said district which estimate shall be based upon the population of said municipalities, and thereafter the board may, in lieu of the other methods of procuring funds herein pro- vided, notify the several municipalities of the estimated probable cost of the organization and conduct of such district, exclusive of the pur- chase of lands and the construction of works, canals and reservoirs, and the proportionate amount payable from each of such cities, whereupon each of such municipalities shall be required to contribute to said dis- trict its proportionate amount of the cost of organization of said dis- trict, provided that the sums so paid by each of such municipalities shall be credited to the municipality making the payment and tlie same deducted from the charge for water first delivered to said municipality as herein provided. Water rates. § 25. The commissioners, in the furnishing of water to any municipal- ity, shall fix such rate as wall pay the operating expenses of the district, provide for repairs and depreciation of works owned or operated by it, pay the interest on any bonded debt, and, so far as possible, provide a sinking or other fund for the payment of the principal of such debt as it may become due; it being the intention of this section to require the district to pay the interest and principal of its bonded debt from the revenues of the district. Tax to cover bonded debt. §26. If, from any cause, the revenues of the district shall be inade- quate to pay the principal or interest on any bonded debt as it be- comes due, then the board of directors may cause a tax to be levied for that purpose as herein provided. Tax rate to be § 27. That board of directors shall require a report from the several municipalities forming the district, showing the amount of the assess- ment-roll of each such municipality for the current fiscal year. The board of directors shall determine the amount necessary to be raised by taxation, and shall apportion such amount among the several munici- palities constituting the district according to the ratio which the value of all property assessed in each municipality bears to the total value of all property assessed in all such municipalities and shall fix a rate of tax to be levied which will raise the amount of money required by the district. The commissioners shall thereupon, and within a reasonable time previous to the time when such municipality is required by law governing such municipality to fix its tax rate, certify to the taxing Act 2390, §§ 28, 29 GENERAL LAWS. 912 body of each municipality the rate so fixed with a direction that at the time and in the manner required by law for the levying of taxes for municipal purposes, such municipality shall levy and collect a tax, in addition to such other tax as may be levied by such municipality, at the I ate so fixed and determined, and it is made the duty of the officer or body having authority to levy taxes within such municipalities to levy the tax so required. And it shall be the duty of all municipal officers charged with the duty of collecting taxes, to collect such tax in time, form and manner as municipal taxes are collected and when col- lected, to pay the same to the district ordering its levy and collection. Such tax shall be a lien on all property within the municipalities com- prising the district and of the same force and effect as other liens for taxes, and its collection may be enforced by the same means as pro- vided for the enforcement of liens for state and municipal taxes. Exclusion of municipality. § 28. Any municipality which may have become a part of said water district, as hereinbefore provided, may be excluded therefrom upon re- quest of a majority of the electors of said municipality expressed in a special election called for that purpose by the legislative body of said municipality in accordance with the provisions herein, so far as the same are applicable for the holding of special elections; provided, that if any objection is made to said exclusion by an ordinance of the legis- lative body of any of the other municipalities comprising said district, which said ordinance if it is passed must be passed within ten days after receiving from the legislative body of the municipality proposing to withdraw from the water district a certified copy of resolution or ordinance of intention to withdraw, then the commissioners of said dis- trict shall call a special election, as hereinbefore provided, for the pur- pose of submitting to the electors of the various municipalities the question whether said municipality may be excluded from said district. The commissioners shall ascertain the result of said election as certified by the proper officer or body of each of the municipalities comprising said district and voting thereat, and if a majority of all votes cast in the district shall be in favor of the exclusion of said municipality they shall certify the same and enter the result upon the minutes of the commissioners and from and after the date of such entry such municipal- ity shall be excluded from the district, but such exclusion shall not operate to release it from any liability for the payment of any bonded debt incurred while it was a part of such district. Inclusion of municipality. § 29. Whenever a petition is presented to the commissioners from any municipality asking that said municipality be made a part of said dis- trict and become subject to the privileges and provisions of this act, said commissioners may, in their discretion, pass a resolution authorizing the inclusion of said municipality, notice of which shall be mailed to the proper officer of each of the municipalities included in the district and if no objection is made thereto by the legislative body of any dl3 NAPA CITY. Acts 2391-2393a municipality then comprising said district witbin thirty days after the receipt of such notice then the legislative body of said municipality so petitioning to be included in said district shall call a special election as provided herein for the purpose of submitting to the electors of said municipality the question whether or not said municipality shall join and become a part of said district. If a majority of the votes cast at the election shall be in favor of the municipality joining and becoming a part of said district the same shall be certified to the commissioners of the district, who in turn shall certify the same to the secretary of state and thereafter said municipality shall be a part of said district and entitled to all the privileges and subject to all the obligations of this act. Meaning of certain words. § 30. Nothing in this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to water or the supply of water to, or the acquisition thereof by municipalities within this state. The term "municipality" as used in this act shall include a consolidated city and county, city or town, and the word "district" shall apply, unless otherwise expressed or used, to a water district formed under the provisions of this act, and the word "board" and the words "board of directors" shall apply to the board of directors of such district, and the word "commissioners" shall apply to the commissioners of such water district, and the commissioners shall be regarded as a board of commissioners. § 31. This act shall take effect from and after its passage and ap' proval. TITLE 335. NAPA CITY. ACT 2391 Act to incorporate. [Stats. 1871-72, p. 542.] Reincorporating under statute of 1873-74, p. 140, which must operate as F repeal of the earlier statute. ACT 23S2. Reincorporating. [Stats. 1873-74, p. 140.] Amended 1875-76, p. 550; 1877-78, p. 1011. Superseded by charter, 1893r p. 641. ACT 2393. Water supply for. [Stats. 1875-76, p. 595.] Superseded by charter, 1893, p. 641. ACT 2393a Charter of Napa. [Stats. 1893, p. 641.] Amended 1903, p. 689. Citations. App. 8/53. Gen. Laws — 58 Acts 2394-2403 GENERAL LAWS. 614 TITLE 336. NAPA COUNTY. ACT 2394. Legalizing certain notarial acknowledgments. [Stats. 1875-76, p. 572. ]l This act legalized acknowledgments taken by one N. M. Bonham. ACT 2395. In reference to county assessor. [Stats. 1871-72, p. 437.] Superseded by County Government Act, 1897, p. 532, § 180. ACT 2396. Providing for the building and furnishing of a courthouse and jail in. [Stats. 1877-78, p. 569.1 ACT 2397. Act defining northern boundary of. [Stats. 1871-72, p. 305.] ACT 2398. Dispensing with copies of great register in certain elections in. [Stats. 1873-74, p. 515.] "Repealed by Political Code, §§ 1094-1097 and 1115, 1116, as amended in 1899." — Code Commissioners' Note. ACT 2399. Estrays in. [Stats. 1871-72, p. 434.] Repealed 1873-74, p. 705. ACT 2400. Applying provisions of act of 1873-74, p. 50, to. [Stats. 1873-74, p. 705.] Repealed 1897, p. 198. This act made the act relating to the trespassing of animals applicable to Napa County. ACT 2401. Supervisors to transfer a certain fund. [Stats. 1877-78, p. 550.] Superseded by subd. 18, § 25, County Government Act, 1897, p. 463. This act authorized the transfer of the swamp laud fund into the general fund. ACT 2402. Salaries and compensation of certain officers. [Stats. 1873-74, p. 392.] Amended 1877—78, p. 551. Repealed by County Government Acts, 1897, p. 532, § 180, ACT 2403. Concerning persons under sentence of imprisonment in jail of. [Stats. 1871-72, p. 791.] Superseded by subd. 29, § 25, County Government Act, 1897, p. 465. 915 NAPA LADIES SEMINARY— NATIONAL GUARD. Acts 2404-2424 This act authorized the supervisors to put the prisoners to work upon the public works. ACT 2i04. To provide for the transcribing and transferring certain records in Sonoma and Solano counties to the county of Napa. [Stats. 1858, p. 65.] ACT 2405. Transcribing records of. [Stats. 1863-64, p. 500.] This was an act for the betler preservation of certain records in Napa County. ACT 2406. To provide for the establishment and maintenance of roads in. [Stats. 1877-78, p. 1024.] Repealed 1883, p. 5, c. X, § 2. ACT 2407. Board of supervisors, reorganizing. [Stats. 1873-74, p. 158.] Supplemented 1873-74, p. 329. Repealed by County Government Act, 1897, p. 455, §§ 14-18. ACT 2408. Fixing fees of county surveyor. [Stats. 1873-74, p. 108.] ACT 2409. Title to certain lands in, quieting. [Stats. 1873-74, p. 329.] This act related to certain lands in the Suscol rancho. TITLE 337. NAPA LADIES SEMINARY. ACT 2414. Authorizing the- granting of diplomas by. [Stats. 1871-72, p. SOL] TITLE 338. NAPA EIVER. ACT 2419. Authorizing construction of bridge across, at Napa City. [Stats. 1871- 72, p. 792.] Repealed 1875-76, p. 855. TITLE 339. NATIONAL GUARD. ACT 2424. To define the duties of inspectors of rifle practice. [Stats. 1877-78, p. 758.] "Probably repealed by Political Code, i 2008, adopted 1897." — Code Commis- tionera' Note. Acts 2425-2432 GENERAL LAWS. 916 ACT 2425. To provide for independent and unattached companies of, and to pro- vide for the manner of making allowances for the use and support of such companies. [Stats. 1901, p. 110. J This act appears in full in Appendix, Political Code, p. 1841. ACT 2426. To establish a camp of instruction for the, and to authorize the acquisi- tion by donation of a site for the same. [Stats. 1899, p. 65.] ACT 2427. Providing that all encampments of the national guard shall be held at the state camp of instruction unless otherwise ordered. [Stats. 1899, p. 148.] ACT 2428. Authorizing the acquisition by donation of a site or sites for camps of instruction for the national guard of the state and to improve the same. [Stats. 1893, p. 123.] Probably repealed 1899, p. 65. ACT 2429. Eegarding organizations, officers, and members of the national guard who entered the United States volunteer service in the Spanish- American war; their privileges, and exemptions, and retirements, and providing for the return to such national guard of such organ- izations, officers and members. [Stats. 1899, p. 158.] ACT 2430. An act making an appropriation to pay the claims for services, sub- sistence, supplies, transportation, and other expenses of the national guard of California and the University Cadets, called into service by order of the governor in the months of April, May and June, 1906. [Approved June 14, 1906. Stats. 1906, p. 41.] This act appropriated $400,000 for the purposes indicated. ACT 2431. An act to provide a site for an armory for the national guard in the city and county of San Francisco and making available and re- appropriating certain moneys for the purchase of said site and the erection, equipment, completion and furnishing of said armory. [Approved March 22, 1909. Stats. 1909, p. G40.] ACT 2432. An act making an appropriation for the expenses of the national guard in case of insurrection, invasion, tumult, riot, or imminent danger thereof. [Approved April 12, 1909. Stats. 1909, p. 850.] This act appropriated $100,000 for the purposes indicated. 917 NATURALIZATION— NEGLIGENCE. Acts 2433-2451 ACT 2433. An act to provide for the building, equipping and furnishing of an armory to be used for the national guard and national guard pur- poses, in the city of Los Angeles, and to make an appropriation for the same. [Approved March 25, 1909. Stats. 1909, p. 718.] This act appropriated $100,000 for the purposes indicated. TITLE 340. NATURALIZATION. ACT 2434. Naturalization, provision for indexing names of person who have de- clared tlieir intention to become or who have become citizens of the United States. [Stats. 1871-72, p. 80.] Section 1 probably in force; § 2 superseded by the fee bill of 1895, p. 267. TITLE 341. NAVAL BATTALION. ACT 2439. To establish a naval battalion to be attached to the national guard. [Stats. 1891, p. 258.] Repealed 1893, p. 63. ACT 2440. To establish a naval battalion to be attached to the national guard. [Stats. 1893, p. 62.] Modified, if not superseded, by Political Code, § 1962, as amended 1901, p. 583. See present § 2111. TITLE 342. NAVIGATION. ACT 2445. Buoys and beacons, protection of. [Stats. 1873-74, p. 619.] Codified in part by § 609, Penal Code: See post, Act 4354. ACT 2446. Submarine sites for lighthouses, and other aids to navigation. [Stats. 1873-74, p. 621.] This act authorized the governor to convey sites to the United States for the above purpose. TITLE 343. NEGLIGENCE. ACT 2451. Requiring compensation for causing death by wrongful act, neglect, or default. [Stats. 1SG2, p. 447.] Citations. Cal. 42/216, 217; 50/612; 84/521; 115/391. Superseded by Code of Civil Procedure, §§ 376, 377. Acts 2456-2472 GENERAL LAWS. 918 TITLE 344. NEUCES CEEEK. ACT 2456. To declare Neuces Creek in Contra Costa County navigable. [Stats. 1858, p. 127.] Incorporated in Political Code, § 2349. TITLE 345. NEVADA CITY. ACT 2461. Incorporating. [Stats. 1877-78, p. 221.J TITLE 346. NEVADA COUNTY. ACT 2466. Fees and mileage in criminal cases in. [Stats. 1875-76, p. 404.] Repealed by fee bill of 1895, p. 267, and County Governmeut Acts 1897, p. 524, § 173. ACT 2467. Lawful fences in. [Stats. 1863-64, p. 318.] This act extended the act of 1855 concerning lawful fences to Nevada County. ACT 2468. Eegulating salaries of officers of. [Stats. 1877-78, p. 551.] Repealed by County Government Acts, 1897, p. 524, § 173. ACT 2469. To remedy defects in certain county records. [Stats. 1871-72, p. 377.] I This act validated certain records in Nevada County which the president of ' the board had omitted to sign. ACT 2470. Indexing certain records of. [Stats. 1873-74, p. 280.] This act provided for the manner of indexing certain deeds. ACT 2471. Public roads in. [Stats. 1871-72, p. 448.] Amended 1873-74, p. 293; 1875-76, p. 423; 1877-78, pp. 279, 364. Re- pealed by statute of 1883, p. 5, c. X, § 2. This act provided for the location, construction, and maintenance of public roads in Nevada County. ACT 2472. Nevada school district, board of education of, establishing and defining powers and duties of. [Stats. 1873-74, p. 614.] 919 NEW REPUBLIC— NOTARIES. Acts 2473-2500 ACT 2473. Quarterly meetings of supervisors. [Stats. 1873-74, p. 239.] Repealed by County Government Acts, 1897, p. 452. ACT 2474. Authorizing supervisors to remove bodies of certain deceased persons. [Stats. 1877-78, p. 104.] TITLE 347. NEW EEPUBLIC. ACT 2479. Name changed to Santa Eita. [Stats. 1873-74, p. 823.] TITLE 348. NEW SAN PEDEO. ACT 2484. To change the name of New San Pedro to Wilmington. [Stats. 1863, p. 328.] NORMAL SCHOOLS. See "Schools." TITLE 349. NORTH BEACH AND MISSION RAILROAD COMPANY. ACT 2489. Granting certain privileges to. [Stats. 1871-72, p. 761.] See Acts 3260, 3261, post. ACT 2490. Granting certain privileges to. [Stats. 1877-78, p. 278.] TITLE 350. NORTH SAN FRANCISCO HOMESTEAD AND RAILROAD ASSOCIA- TION. ACT 2495, Authorizing sale and conveyance of lands in San Francisco to. [Stats. 1863-64, p. 482.] This act authorized the commissioners of swamp and overflowed lands to convey certain overflowed land to this corporation. TITLE 351. NOTARIES. ACT 2500. Fresno, Tulare, and Humboldt counties, additional notaries for. [Stats. 1873-74, p. 20.] Repealed by Political Code, § 791. See Act 1564, ante. Acts 2501-2506* GENERAL LAWS. 920 ACT 2501. Additional for certain counties. [Stats. 1873-74, p. 30.] Repealed by Political Code, § 791. This act provided for additional notaries in the counties of Santa Clara, Napa, Santa Barbara, San Luis Obispo, and Sonoma. ACT 2502. Defining duties of. [Stats. 1871-72, p. 792.] Supplementing act of April 25, 1862. Repealed by Political Code, § 791. TITLE 352. NOVATO CEEEK, ACT 2505. Declaring Novato Creek or estuary in Marin County navigable. [Stats. 1860, p. 257.] Incorporated in Political Code, § 2349. TITLE 353. NUECES CREEK. ACT 2506. Declared navigable. [Stats. 1858, p. 127. j Incorporated in Political Code, § 2349. TITLE 354. NUISANCES. ACT 2506a. An act declaring property infested with certain rodents to be a public nuisance; requiring owners, occupants, and persons having possession of or dominion over such property to endeavor to exterminate and destroy such rodents; providing for the inspection of property by boards of health and health officers; authorizing boards of super- visors and other governing bodies to purchase materials and employ inspectors to prosecute such work of extermination; authorizing state and local health authorities to prosecute such work in certain cases; providing for the payment of the expense thereof; making the amount of such expense a lien on the property; providing for the collection of such amount by foreclosure of such lien; and declaring any violation of the provisions thereof to be a misde- meanor. [Approved March 13, 1^909. Stats. 1909, p. 311.] Duty of persons to exterminate rodents. § 1. It shall be and is hereby declared to be the duty of every per- son, firm, copartnership, company and corporation, owning, leasing, occu- pying, possessing or having charge of or dominion over, any land, place, building, structure, wharf, pier, dock, vessel or water craft, which is 921 NUISANCES. Act 2506a, §§ 2-4 infested with rats, mice, gophers or ground squirrels, or as soon as the presence of the same shall come to his, their, or its knowledge, at once to proceed and to continue in good faith to endeavor to exterminate and destroy such rodents, by poisoning, trapping, and other appropriate means. State board of health, authority of. § 2. The state beard of health and inspectors appointed by such board, and local health officers and inspectors appointed for the pur- pose, as hereinafter provided, shall have authority and shall be permitted to enter into and upon any and all lands, places, buildings, structures, wharves, piers, docks, vessels and water craft, for the purpose of ascer- taining whether the same are infested with such rodents and whether the requirements of this act as to the extermination and destruction thereof are being complied with; provided, however, that no building occupied as a dwelling, hotel or rooming-house, shall be entered for such purpose except between the hours of 9 o'clock in the forenoon and 5 o'clock in the afternoon of any day. Supervisors may appropriate moneys. § 3. The board of supervisors of each county and the city council or other governing body of each city and county, city and town, whenever it may by resolution determine that it is necessary for the preservation of the public health or to prevent the spread of contagious or infectious disease, communicable to mankind, or when such board shall so determine that it is necessary to -prevent great and irreparable damage to crops or other property, may appropriate money for the purchase of, and may purchase, poison, traps and other materials for the purpose of extermi- nating and destroying such rodents, in such county, city and county, city or town, and may employ and pay inspectors, who shall have authority to and shall prosecute such work of extermination and destruction, under the direction of such board, or of the local health officer, or board of health, on both private and public property, in such county, city and county, city or town. Refusal to exterminate. Expense of extermination. Sale of Property. § 4. Whenever any person, firm, copartnership, company or corpora- tion, owning, leasing, occupying, possessing or having charge of or do- minion over, any land, place, building, structure, wharf, pier, dock, vessel or water craft, which is infested with such rodents, shall fail, neglect or refuse to proceed and to continue to endeavor to exterminate and de- strov such rodents, as herein required, it shall be the duty of the state board of health, its inspectors and the local board of health and health officer, at once to cause such nuisance to be abated by exterminating and destroying such rodents. The expense thereof shall be a charge against the county, city and county, city or town, wherein the work is done, and the board of supervisors or other governing body shall allow and pay the same. Thereupon, the clerk of such board shall file in the office of the county recorder a notice of such payment, claiming a lien on such prop- Acts 2507-2508* GENERAL LAWS. 822 erty for the amount of such payment. Any and all sums so paid by such county, city and county, city or town, shall be a lien on the property on which said nuisance shall have been abated, and may be recovered in an action against such property, which action, to foreclose such lien shall be brought, within ninety days after such payment, and be prosecuted by the district, city or town attorney, in the name of such county, city and county, city or town, and for its benefit. When the prop- erty is sold, enough of the proceeds shall be paid into the treasury of such county, city and county, city or town, to satisfy such lien and the costs, and the overplus, if any there be, shall be paid to the owner of the property, if known, and if not known shall be paid into court for the use of such owner when ascertained. When it appears from the com- plaint in such action that the property on which such lien is to be fore- closed is likely to be removed from the jurisdiction of the court, the court may appoint a receiver to take possession of the property and hold the same while the action may be pending or until the defendant shall execute and file a bond, with sufficient sureties, conditioned for the pay- ment of any judgment that may be recovered against him in the action and all costs. Penalty. § 5. Any violation of the provisions of this act shall be deemed a mis- demeanor and shall be punishable as such. ACT 2507. To prevent certain public nuisances. [Stats. 1852, p. 100.] Superseded by Penal Code, § 374. ACT 2508. Authorizing and directing district attorneys to bring suits to abate public nuisances. [Stats. 1899, p. 103.] Citations. Cal. 147/380; 150/197. Superseded by §4156 of Political Code: See Penal Code, § 373a, and P. v. McCue, 33 Cal. Dec. 45. TITLE 355. NURSING. ACT 2508a. An act to promote the better education of practitioners of nursing the sick in the state of California, to provide for the issuance of certi- ficates of registration as a registered nurse to qualified applicants by the board of regents of the University of California, and to provide penalties for violation hereof. [Approved March 20, 1905. Stats. 1905, p. 533.] §1. Commencing in the month of July, 1905, and at least semi-an- nually thereafter, the board of regents of the University of California shall hold, or cause to be held, such examination or examinations as they 923 NURSING. Act 2508a, §§ 2-5 may deem proper to test the qualifications and fitness of applicants for certification and registration as registered nurses within the state of Cali- fornia. Such examinations shall be practical in character, and a reason- able notice designating the time and place thereof must be given by publication in at least two daily papers published within the state of California. § 2. All applicants for examination must furnish satisfactory evidence of good moral character and of having complied with the provisions of this act relative to qualifications; and any examiner may inquire of any applicant for examination concerning his or her character, qualifications or experience, and may take testimony in regard thereto, under oath, which he is hereby empowered to administer. § 3. All persons satisfactorily passing such examinations shall be granted by the board of regents of the University of California, a cer- tificate stating that he or she is a registered nurse within the state of California, and shall thereafter be known and styled as a registered nurse. The secretary of the said board of regents shall keep in his office a book showing the names of all persons to whom certificates as registered nurses have been granted. Graduates of all training schools for nurses which shall have been approved by the said board of regents may be certified as registered nurses, without examination, at any time within three years after the passage of this act, upon payment of the fee prescribed in sec- tion four hereof. § 4. Every person applying for examination, or for registration as a registered nurse, shall pay to the secretary of the said board of regents a fee of five dollars, which shall in no case be refunded. A certificate of registration shall be void three years after the date thereof, but a new certificate may be issued to the holder upon the payment of a fee of one dollar. All expenses incurred in carrying out the provisions of this act shall be paid from the fees and fines collected hereunder, and the surplus receipts, if any, shall be used to provide for education in nursing. § 5. (I) No person shall be eligible for examination or for registration as a registered nurse who shall not furnish satisfactory evidence of hav- ing graduated, from a nurses' training school: (a) that is attached to a reputable hospital; (b) that gives a general training and a systematic, theoretical and practical course of study covering a period of at least two years; (c) and that has been approved by the board of regents of the University of California. (II) After .January 1, 1908, no person shall be eligible for examination or for registration as a registered nurse, unless: (a) He or she is at least twenty-one years of age; (b) He or she is a graduate of a training school approved by the board of regents of the University of California, and after said date no school shall be approved or remain on the list of schools approved by said Acts 2509-25H GENERAL LAWS. 924 board of regents, unless it is attached to a general hospital, and its course requires a three years' training in that hospital; provided, that a training school approved as aforesaid may graduate students who have spent a year therein subsequent to completing a two years' course in the training school attached to a special hospital. (Ill) After January 1, 1910, no person shall be eligible for examina- tion or for registration unless he or she furnishes satisfactory evidence of having substantially completed the course of studies pursued in the grammar schools of the state of California, or an equivalent course. § 6. The board of regents of the University of California shall have power to revoke any certificate of registration for incompetency, dishon- tisty, intemperance, immorality or unprofessional conduct, after a full and fair investigation of the charges preferred against the accused. Prior to such hearing a written copy of such charges shall be furnished to the accused, who shall have at least twenty days' notice in writing of the time and place where such charge will be heard and determined. § 7. Any person procuring registration under this act, by false repre- sentation or who shall refuse to surrender a certificate of registration which has been revoked as set out in this act, or who shall use the title of "registered nurse," or append the letters "E. N." or any other words, letters or figures to indicate that the person using the same is a regis- tered nurse, unless such person shall be lawfully entitled so to do, shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than five days nor more than six months, or by both such fine and imprisonment; pro- vided, however, that nothing in this act contained shall be construed to prohibit or affect that gratuitous nursing of the sick, nor to nursing the sick for hire by a person who does not in any way assume to be a reg- istered nurse. TITLE 356. OAKLAND. ACT 2509. Charter of. [Stats. 1889, p. 513.] Amended 1895, p. 353; 1907, p. 1349; 1909, p. 1320. Citations. Cal. 99/148; 145/421, 422, 423, 425, 427. ACT 2510. Incorporating. [Stats. 1873-74, p. 804.] Supplementing act of April 24, 1862. Superseded by charter of Oakland: See ante. Act 2509, ACT 2511. Alameda, Oakland, and Piedmont Eailway Company, authorizing city council of Oakland to grant certain priv'ileges to. [Stats. 1875-76, p. 499.] 925 OAKLAND. Acts 2512-2522 ACT 2512. Assessor, salary of. [Stats. 1875-76, p. 148.] Superseded by the charter of Oakland, 1889, pp. 531, 533, §§ 40 and 44: See Act 2509. ACT 2513. Providing compensation for the township assessor of the township of, [Stats. 1877-78, p. 557.] ACT 2514. Common council, appropriation of moneys by to certain benevolent so- cieties. [Stats. 1877-78, p. 252.] Superseded by charter of Oakland, 1889, p. 513, § 31, subd. 46. This act authorized the payment from fines collected in the police court to the Oakland Benevolent Society and the Ladies' Relief Society. ACT 2515. To issue and sell bonds of, and with proceeds to pay and cancel certain other bonds. [Stats. 1873-74, p. 845.] ACT 2516. To provide for the liquidation of the floating indebtedness of the city of Oakland and to prevent the incurring of further debts. [Stats. 1873-74, p. 799.] This act authorized the issuance of bonds not exceeding $100,000. ACT 2517. To provide funds for. [Stats. 1871-72, p. 590.] This act authorized the city council to issue bonds. ACT 2518. Authorizing the construction of a bridge across the estuary of San An- tonio, between Eighth Street and East Ninth Street. [Stats. 1875- 76, p. 653.] ACT 2519. Elections in, time for holding. [Stats. 1875-76, p. 64.] Superseded by the charter of Oakland, 1889, p. 514. See Act 2509. ACT 2520. Gas and water pipes in, laying of. [Stats. 1875-76, p. 312.] See Charter of Oakland, § 31, subd. 26; also §§ 70, 71, ante. Act 2509. ACT 2521. Oakland Harbor, to facilitate the construction of a canal for. [Stats. 1875-76, p. 862.] Amended 1877-78, p. 113. ACT 2522. ' Katifying an ordinance of. [Stats. 1877-78, p. 71.] This ordinance abandoned certain streets. Acts 2523-2532 GENERAL LAWS. 926 ACT 2523. Legalizing the ordinances of Oakland, in respect to the penalties therein, [Stats. 1871-72, p. 75.] ACT 2524. An act granting certain lands and salt marsh and tide lands of the state of California, to the city of Oakland. [Approved March 22, 1909. Stats. 1909, p. 665.] See, also, act of 1873-74, p. 132, granting certain salt marsh and tide lands to. ACT 2525. Superintendent of public schools, salary of, act fixing and also limiting powers of board of education. [Stats. 1875-76, p. 169.] Amended 1877-78, p. 735. Superseded by the charter of Oakland, 1889, p. 514: See Act 2509. ACT 2526. Authorizing construction of main sewers. [Stats. 1875-76, p. 896.] Probably superseded by charter of Oakland, 1889, p. 514. See Act 2509. ACT 2527. Streets in, opening. [Stats. 1875-76, p. 468.] Repealed 1877-78, p. 619. ACT 2528. Opening of streets in. [Stats. 1877-78, p. 614.] Probably superseded by the Vrooman Act, 1885, p. 147. ACT 2529. To district the city into wards. [Stats. 1875-76, p. 62.] Amended 1877-78, p. 843. Superseded by § 6 of art. I of the charter of Oakland, 1889, p. 519. ACT 2530. Authorizing to obtain a supply of water. [Stats. 1873-74, p. 892.] Superseded by charter, 1889, p. 529, § 31, subd. 41. ACT 2531. Enabling city to acquire and maintain waterworks. [Stats. 1877-78, p. 427.] Superseded by charter, 1899, p. 529, § 31, subd. 41. ACT 2532. An act authorizing and empowering the directors of the State Agricul- tural Society to hold state industrial and agricultural fairs at the city of Oakland, county of Alameda, state of California, and making an appropriation therefor. [Approved April 12, 1909. Stats. 1909, p. 851. 92T OCEAN PARK — OFFICERS. Acts 2536-2546 TITLE 356a. OCEAN PAEK. A city of the sixth class. See California Blue Book, 1907, p. 304. TITLE 357. ODD FELLOWS. ACT 2536.. Amending act relating to corporations. [Stats. 1853, p. 274.] Repealed by § 288, Civil Code. This act authorized ten or more citizens to assume corporate powers for the purpose of erecting Odd Fellows' halls. ACT 2537. Independent Order of Odd Fellows, authorizing trustees to lease a lot in San Francisco, [Stats. 1877-78, p. 561.] TITLE 358. OFFICEES. ACT 2542. Educational offices, making women eligible to. [Stats. 1873-74, p. 356.] Citations. Cal. 71/121; 123/618, 619. This act appears in full in Appendix, Political Code, p. 1842. ACT 2543. To secure to native-born and naturalized citizens the exclusive right to be employed in the public service. [Stats. 1901, p. 589.] See Act 126, ante. ACT 2544. To provide for the payment by the state or counties, or cities, or cities and counties, nf the premium or charge on official bonds when given by surety companies. [Stats. 1903, p. 476.] This act appears in full in Appendix, Political Code, p. 1781. ACT 2545. Civil officers, removal of for violation of official duty. [Stats. 1873-74, p. 911.] "Repealed by the constitution of 1879 and the County Government Acts. (Fraser v. Alexander, 75 Cal. 147.)" — Code Commissioners' Note. Citations. Cal. 52/623; 75/148, 150, 151, 154; 97/381. ACT 2546. Concerning confirming and ratifying leases and other contracts made by any officer or boards of officers of the state. [Stats. 1901, p. 601.] Acts 2547-2552 GENERAL LAWS. 923 ACT 2547. To protect candidates for certain public offices, to prohibit certain acts by such candidates, and to provide a punishment for infractions of this law. [Stats. 1897, p. 53.] Codified by § 55a of Penal Code. This act prohibited the pledging of candidates or the giving of pledges by candidates. ACT 2548. Eelating to the intoxication of officers. [Stats. 1880, p. 77.] This act appears in full in Appendix, Penal Code, p. 2085. ACT 2549. To protect the wages of labor and the salaries and fees of subordinate officers. [Stats. 1871-72, p. 951.] Codified. by §§ 74a and 653d of Penal Code 1905: Seethe respective sections of the Penal Code referred to. This act made it a felony to receive or retain a portion of the wapes of laborers employed upon public works or the fees or salaries allowed to subordi- nate officers. ACT 2550. Concerning officers. [Stats. 1861, p. 139.] This act related to the signature of ex officio officers. Superseded by § 1031, Pol. Code, ACT 2551. An act forbidding the employment of the inmates of state institutions in the manufacture, or production of articles, for the use of state of- ficers, or the officers and employers of state institutions. [Approved March 19, 1903. Stats. 1903, p. 210.] §1. No inmate of any state institution shall be employed in the manu- facture or production, of any article, intended for the private and per- sonal use of any state officer, or officer, or employee, of any state institution; provided, that this act shall not prevent repairing of any kind nor the employment of such inmates in household or domestic work connected with such institution, § 2. All acts or parts of acts in conflict with this act, are hereby re- pealed. § 3. This act shall take effect on and after its passage. ACT 2552. An act to execute and carry into effect section 3 of article 20 of the con- stitution of the state of California. [Approved March 23, 1901. Stats. 1901, p. 552.] § 1. Whenever any person within this state shall hold any office or position of public trust and shall have taken the oath of office prescribed ©29 OFFICERS. Act 2553 by section 3 of article 20 of the state constitution npon entering upon such office, or shall, after his election or appointment, have offered to take such oath, it shall be unlawful to remove such person from such office or position of public trust because such person has not complied with some or any provision of any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, and any person who is removed or threatened with removal from any office or position of public trust under any pretense or device what- ever, if the real reason be because of noncompliance with provisions re- quiring such additional test or qualification, shall be entitled to restrain such unlawful removal or to enforce restoration by process of injunction, both prohibitory and mandatory. §2. It shall be unlawful for any person having the power of removal from office of any public official, state or local, to remove or threaten to remove such ofHcial from his office because such official in the appoint- ment of any person to a position of public trust under such last-named official, refuses to require any test or additional qualification than the oath referred to in section one of this act as a condition of permitting such appointee to enter upon or remain in such position of public trust: and such person making or threatening such unlawful removal from office may be restrained by prohibitory and mandatory injunction from effect- ing such removal under any pretense or device if the real reason of such removal or threatened removal be or was such as herein declared unlaw ful, § 3. This act shall take effect immediately. ACT 2553. An act providing for vacations for certain employees of the state. [Approved March 15, 1909. Stats. 1909, p. 383.] §1. Each employee regularly employed at the state hospitals and each employee regularly employed in the service of any of the state commissions, or state boards or in the state printing office who shall have been employed for a period of not less than six months shall be allowed, during each year of his service, a vacation of not less than fif- teen days' duration; said vacation to be without loss of pay, and the time allowed for said vacation to be designated by the management of such state hospitals, and by the members of the state commissions and state boards and by the superintendent of state printing. § 2. This act shall take effect immediately. Gen. Laws — 59 Acts 2556, 2557 GENERAL LAWS. 030 TITLE 359. OIL. ACT 2556. An act to prevent injury to oil or petroleum-bearing strata or formations by the infiltration or intrusion of water therein. [Approved March 24, 1903. Stats. 1903, p. 399.] Repealed 1909, p. 586. ACT 2557. An act to prevent injury to oil, gas or petroleum-bearing strata or for- mations by the penetration or infiltration of water therein. [Approved March 20, 1909. Stats. 1909, p. 586.] §1. It shall be the duty of the owner of any well now drilled or that may be drilled in the state of California on lands producing or contain- ing oil, gas or petroleum, to properly case such well or wells, with metal casing in accordance with most approved methods, and to effectually shut off all water overlying or underlying the oil-bearing strata and to ef- fectually prevent any water from penetrating such oil-bearing strata. § 2. It shall be the duty of the owner of any well referred to in sec- tion 1 of this act, before abandoning the same to withdraw the casing therefrom, and to securely fill such well with clay, earth or cement mor- tar, or other good and sufficient materials, used alone or in suitable com- bination, and thoroughly pack and tamp the same into such well to a point as far above the upper oil-bearing strata as the commissioner here- inafter provided for may decide shall be necessary, and while withdraw- ing the casing therefrom to effectually and permanently shut off and exclude all water underlying and overylying said oil-bearing strata, and to the satisfaction of the commissioner, whether any oil-bearing strata has been encountered or not. § 3. It shall be the duty of the owner of any well referred to in sec tion 1 of this act, to keep a careful and accurate log of the drilling of such well, such log to show the character and depth of the formations passed through or encountered in the drilling of such well, and partic- ularly to show the location and depth of the water-bearing strata, to- gether with the character of the water encountered from time to time, and to show at what point such water was shut off, if at all, and if not to so state in such log, and show the depth at which oil-bearing strata is encountered, the depth and character of the same, and whether all water overlying and underlying such oil-bearing strata was successfully and permanently shut off so as to prevent the percolation or penetration into such oil-bearing strata; said record of well to be kept on file and subject to the inspection of hereinafter mentioned commissioner at any time during business hours. §4. The term "owner" as herein used shall mean and include each and every person, persons, partnership, copartnei'ship, association or corpora- 931 OIL. Act 2557, §4 tion ownirg, leasing, managing, operating, drilling or possessing any well mentioned in sections 1 and 2 of this act, either as principal or princi- pals, lessee or lessees of such principal or principals, contractor or con- tractors, and their and each of their employees. The term "oil-bearing strata" as herein used shall mean and include any bed, seam or stratum of rock or sand or other material which contains, includes, or yields earth oil, rock oil, or petroleum oil or natural gas or either of them. In order to carry out the provision of sections 1 and 2 of this act, upon petition of three or more operating oil companies, within the county, it shall be the duty of the board of supervisors of said county to appoint a commissioner who shall be a practical oil man, whose term of office shall be until December 31st of the year following time of appointment or un- til his successor is appointed. The duties of said commissioner shall be to see that the provisions of this act shall be enforced. The compensation of said commissioner shall be fixed by the board of supervisors and shall be paid out of the general county fund. Upon the filing of a complaint with said commissioner alleging the violation of any of the provisions of sections 1 or 2 of this act, it shall be the duty of the hereinbefore mentioned commissioner of the county, if so requested by the complainants, to make or cause to be made, a thorough investigation of the well in question, to determine whether or not any of the provisions of this act have been violated and for such purpose he is hereby empowered to appoint all necessary agents and as- sistants to conduct such examination and such agents and assistants may enter upon the premises where such well is situated and may take charge of such well for the purpose of making such investigations. If the de- fendant in the action shall be convicted of a violation of any of the provisions of sections 1 or 2 of this act, he shall, in addition to the pen- alties hereafter set forth, pay all reasonable and proper costs incident to the making of such investigations. Any well drilled and abandoned, in violation of sections 1 or 2 of this act is hereby declared a public nuisance. If any well, under the provision of sections 1 or 2 of this act be de- clared a public nuisance, it shall be the duty of commissioner of the county in which such well is situated to enter upon the premises, take possession of such well and to abate said nuisance and to take all neces- sary steps to prevent the percolation or penetration of water into the oil-bearing strata. He shall keep an accurate account of the expense of such work and all expenses so incurred shall be a charge against the owner of such well and a lien upon the same. Any person violating the provisions of this act shall be guilty of a mis- demeanor. Any owner of any well referred to in sections 1 or 2 of this act, who retuses to permit the commissioner to inspect the same or who willfully hinders or delays the commissioner in the performance of Ma duty is guilty of a misdemeanor. Acts 2561-2578 GENERAL LAWS. 932 An "act" to prevent injury to oil, or petroleum-benring strata, or for- mations by infiltration or intrusion of water therein approved March 2-1, 1903, is hereby appealed. TITLE 360. OLEOMAEGARINE. ACT 2561. To prevent sale of as butter. [Stats. 1877-78, p. 535.] "Probably repealed by 1883, p. 20; if not, it is superseded by 1895, p. 41, c. CCCLXXXI, and 1897, p. 65, c. LXXV." — Code Commissioners' Note. ACT 2562. To prevent the sale of as butter. [Stats. 1883, p. 20.] "Probably repealed by 1895, p. 41. See 1897, p. 65; 1907, p. 265." — Cods Commissioners' Note. TITLE 361. OLIVE OIL. ACT 2567. To regulate the sale of olive oil. [Stats. 1891, p. 46.] Repealed 1893, p. 211. ACT 2568. To regulate the sale of imitation olive oil. [Stats. 1893, p. 210.] This act appears in full in Appendix, Penal Code, p. 2085. TITLE 362. OPTOMETRY. ACT 2573. An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation. [Approved March 20, 1903. Stats. 1903, p. 285.] Amended 1907, p. 63; 1909, p. 775. § 1. Any person shall be deemed to be practicing optometry within the meaning of this act who shall display a sign, or in any way adver- tise himself as an optician or optometrist, or who shall employ any means for the measurement of the powers of vision, or the adaption of lenses for the aid thereof, or who shall, in the sale of spectacles or eye-glasses or lenses, use in the testing of the eyes therefor, lenses other than the lenses actually sold. [Amendment approved March 25, 1909. Stats. 1909, p. 775.] §2. It shall be unlawful for any person to engage in the practice of optometry in the state of California unless such person shall have ob- tained a certificate of registration from the California state board of ex- aminers in optometry, as hereinafter provided. [Amendment approved March 25, 1909. Stats. 1909, p. 775.] 933 OPTOMETRY. Act 2573, §§ 3-5 § 3. There is hereby created a board, whose duty it shall be to carry out the purposes and enforce the provisions of this act, and shall be styled the California State Board of Examiners in Optometry. Said board shall be appointed by the governor as soon as practicable after the passage of this act, and shall consist of three persons actually en- gaged in the practice of optometry and residing in the state of Califor- nia. Each member of said board shall hold office for a term of six years, one member of the board to retire every two years, but members shall hold office until their successors are appointed and qualified. Appoint- ments to fill vacancies caused by death, resignation or removal, shall be made for the residue of such term by the governor. The members of said board, before entering upon their duties, shall respectively take and sub- scribe to the oath required to be taken by other state officers, and filed with the clerk of the county in which said member resides and said board shall have a common seal. [Amendment approved February 28, 1907, Stats. 1907, p. 64.] §4. Said board shall choose at its first regular meeting, and annually thereafter, one of its members president, and one secretary thereof, who severally shall have the power during their term of office to administer oaths and take affidavits, certifying thereto under their hand and the seal of the board. Said board shall meet at least once in each year at the state capitol, and in addition thereto, whenever and wherever the president and secretary thereof shall call a meeting; a majority of said board shall at all times constitute a quorum. The secretary of said board shall keep a full record of the proceedings of said board, which records shall at all reasonable times be open to public inspection. § 5. Every person, before beginning to practice optometry in this state after the passage of this act, shall pass an examination before sairnpri- ating money to be used for such purpose. [Approved March 20, 1903. Stats. 1903, p. 255.] This act appropriated $100,000 for the purpose indicated. ACT 2837. To authorize the state board of health to purchase and mannfncture diphtheria antitoxin, and to appropriate six thousand dollars there- for. [Approved March 12, 1895. Stats. 1895, p. 45.] ACT 2838. An act entitled An act to grant to boards of health in cities, and cities and counties, the power to regulate the plumbing and drainage of buildings. [Approved March 15, 1883. Stats. 1883, p. 3G6.] Plumbers required to register. §1. Every master or Journeyman plumber carrying on his trade shall, under such rules and regulations as the board of health of such county! or city and county, shall prescribe, register his name and address at Act 2839 GENERAL LAWS. 1032 the health ofRce of such county, or city and county; and after the said date it shall not be lawful for any person to carry on the trade of plumbing in any county, or city and county, unless his name and address be registered as above provided. Publication. § 2. A list of the registered plumbers shall be published in the yearly report of the health office. Board of health to approve plans. § 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any county, or city and county, shall be executed in accordance with plans previously approved, in writing, by the board of health of said county, or city and county; suitable draw- ings and description of the said drainage and plumbing shall, in each case, be submitted and placed on file in the health office. The said board of health are also 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. Supervisors to apportion tax. §4. The boards of supervisors, or other city or county officials, whose duty it is to make apportionments for the board of health of such county, or city and county, shall make the necessary apportionments, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Court of record may enjoin. § 5. Any court of record in said county, or city and county, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any of the provisions of this act, and upon the affidavit of the health officer or a member of the board of health of such county, or city and county, to restrain by injunction order the further violation named in this act, or of any w^ork upon or about the building or premises upon which the said violation exists, and no under- taking shall be required as a condition to the granting or issuing of such injunction or by reason thereof. § 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. § 7. This act shall take effect immediately. ACT 2839. An act to grant to boards of health or health officers, in cities, and cities and counties, the power to regulate the plumbing and drain- age of buildings, and to provide for the registration of plumbers. [Approved March 3, 1885. Stats. 1885, p. 12.] Amended 1887, p. 58. 1033 PUBLIC HEALTH. Act 2839, §§ 1-5 License from board of health. § 1. It shall not be lawful for any person to carry on business, or labor as a master or journeyman plumber, in any incorporrited city, or in any city and county, in this state until he shall have obtained from the board of health of said city or city and county a license authorizing him to carry on business, or labor as such mechanic. A license so to do shall be issued only after a satisfactory examination by the board of each applicant upon his qualifications to conduct such business or to so labor. All applications for license, and all licenses issued, shall state the name in full, age, nativity, and place of residence of the applicaut or person so licensed. It shall be the duty of the secretary of each board of health to keep a record of all such licenses issued, together with an alphabetical index to the same. [Amendment approved March 9, 1887. Stats. 1887, p. 58. In effect immediately.] Publish list in yearly report. §2. A list of all licensed plumbers shall be published in the yearly report of the health officer or board of licalth. [Amendment approved March 9, 1887. Stats. 1887, p. 58. In effect immediately.] Plans of plumbing. § 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any city, or city and county, shall be exe- cuted in accordance with plans previously approved in 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 the 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 thiis act. Tax levy. §4. The board of supervisors, or other city, or city and county, officials whose duty it is to make appropriations and tax levies for gen- eral purposes of such city, or city and county, shall make the necessary appropriation and tax levies, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Such appropriations and levy shall be made at the same time and in the same manner as appropriations and tax levies are made for other city, or city and county, purposes. Where no board of health. § 5. In any city, or city and county, where there is under existing laws, a health officer, but no board of health, such health officer shall perform 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 super- visors or city council, or other municipal legislative board or body, shall create a board of health, who shall perform all the duties, required b} this act of the board of health or health officer. Act 2840 GENERAL LAWS. 1034 Injunction. § 6. Any superior court, or judge tliereof , shall have power to restrain by injunction the continuance of work to be done upon or about build- ings or premises where the provisions of this act have not been complied with, and no undertaking shall be required as a condition to the grant- ing or issuing of such injunction, or by reason thereof. Penalty. § 7. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished accordingly. § 8. This act shall take effect immediately. ACT 2840. An act to encourage and provide for a general vaccination in the state of California. [Approved February 20, 1889. Stats. 1889, p. 32.] Citations. Cal. 84/226, 228, 229; 143/661. Exclusion of children from schools unless vaccinated. § 1. The trustees of the several common-school districts in this state, and boards of common-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 successfully vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence and cannot be vaccinated so as to pro- duce a successful vaccination, whereupon such child or person shall be excepted from the operation of this act. Notice by school trustees. § 2. The trustees or local boards, annually, or at such special times to be stated by the state board of health, must give at least ten days' notice, by posting a notice in two or more public or conspicuous places within their jurisdiction, that provision has been made for the vaccina- tion of any child of suitable age who may desire to attend the common schools, and whose parents or guardians are pecuniarily or otherwise unable to procure vaccination for such child. List of children not vaccinated. § 3. The said trustees or board must within sixty days after the passage of this act, and every year thereafter, ascertain the number of children or persons in their respective school districts or subdivision of the city school government being of an age suitable to attend common schools, who have not been already vaccinated, and make a list of the names of all such children or persons. It also shall be [the] duty of said trustees or board to provide, for the vaccination of all such children 1035 PUBLIC HEALTH. Acts 2841-2843 or persons in their respective school districts, a good and reliable vac- cine virus wherewith to vaccinate such children or persons w.ho 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 1. Expenses for, how paid. § 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 money, the trus- tees must notify the board of supervisors 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 district 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 com- puted 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 collected shall be paid into the county treasury for the use of the district. Annual report of trustees. § 5. The trustees of the several school districts of thjs state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several dis- tricts between the ages of five and seventeen years who are vaccinated, and the number unvaccinated. § 6. This act shall take effect immediately. ACT 2841. To provide for the proper sanitary conditions of factories and work- shops, and the preservation of the health of employees. [Stats. 1889, p. 3.] Amended 1901, p. 571; 1909. p. 43. Unconstitutional: Schaezlein v. Cabaniss, 135 Cal. 466. , ACT 2842. An act providing for the dissemination of knowledge among the people of California as to the best means of preventing the spread of tuber- culosis, and making an appropriation therefor. [Approved March 21, 1907. Stats. 1907, p. 846.] ACT 2843. An act to provide for the medical treatment of indigent residents afflicted with incipient pulmonary tuberculosis; and to prescribe the duties of the state board of health and other public officials with relation thereto. [Approved April 14, 1909. Stats. 1909, p. 899.] Acts 2844, 2845 GENERAL LAWS. 1036 ACT 2844. An act providing for the dissemination of knowledge among the people of California as to the best means of preventing the spread of tuber- culosis, and making an appropriation therefor. Approved March 15, 1909. Stats. 1909, p. 368.] A similar act was passed in 1907: See Stats. 1907, p. 864. TITLE 401. PUBLIC INSTITUTIONS. ACT 2845. An act providing for the exchange of commodities between the public institutions owned or managed and controlled by the state, or the political divisions thereof. [Approved March 18, 1905. Stats. 1905, p. 185.] § 1. It shall be the duty of the state board of examiners, within six months after the passage of this act, to arrange, so far as may be practical, for an exchange of surplus products, either manufactured or natural, between the several public institutions owned or managed and controlled by the stat^ or the political divisions thereof. §2. It shall be the duty of the state board of examiners to so dis- tribute and arrange, with the assistance of the boards of managers, directors or trustees of the several institutions referred to in section 1 of this act, the labor and industry of their inmates that it will prove conducive to their mutual assistance, with a view of advancing the economic management of all the institutions owned or managed and controlled by the state, or the political divisions thereof; and all such surplus products shall not be sold or disposed of to any individual, cor- poration or association not connected with the state, or any political division thereof, so long as there shall be any demand for any such products by any public institutions owned or managed and controlled by the state, or the political divisions thereof. § 3. In estimating the value of such articles for the purpose of such exchange or sale between public institutions, the cost of producing or raising such products, with ten per cent added, shall be the sale price thereof. §4. Each institution shall notify the state board of examiners what surplus products they have to dispose of, as set forth in this act, and the state board of examiners shall notify all the other institutions owned or managed and controlled by the state, or the political divisions thereof, that such articles can be procured and where, and thereupon the pro- visions of section 2 of this act shall become effective, and the state board of examiners shall allow no claims for the purchase of any prod- ucts from any individual, corporation or associatioa so long as the 1037 PUBLIC LANDS. Acts 2846-2852 same might have been procured from a state institution after it had been duly notified of that fact. §5. All acts and parts of acts inconsistent with this act are hereby repealed. TITLE 402. PUBLIC LANDS. ACT 2846. Authorizing the governor to reconvey part of the lands to the United States, conveyed to the state and listed under the agricultural col- lege grant of 150,000 acres. [Stats. 1883, p. 287.] ACT 2847. Prescribing the mode of maintaining and defending possessory actions on lands belonging to the United States. [Stats. 1850, p. 203.] Repealed by act of 1852, p. 158. ACT 2848. Prescribing the mode of maintaining and defending possessory actions on public lands. [Stats. 1852, p. 158.] Amended 1859, p. 94; 1861, p. 143. Citations. Cal. 42/151, 406; 44/200; 103/422; 139/377. Not repealed: See Gray v. Dixon, 74 Cal. 508. ACT 2849. For the protection of actual settlers and to quiet title to lands. [Stats. 1856, p. 54.] "In many respects unconstitutional (Billings v. Hall, 7 Cal. 7; Lathrop v. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105); and the parts not unconstitu- tional are probably superseded by the codes." — Code Commissioners' Note. ACT 2850. For the better protection of settlers on public lands. [Stats. 1858, p. 345.] This act provided for the redress of parties ousted under » foreign grant which was afterward rejected or did not include the land. ACT 2851. Public lands, protection of settlers on. [Stats. 1873-74, p. 327.] Amended 1881, p. 72. Citations. Cal. 134/47. See Political Code, §§ 3441, 3443. ACT 2852. For the better protection of settlers on the public lands of the United States and for the protection and encouragement of persons desirous of settling thereon. [Stats. 1887, p. 147.] Codified by § 420 of Penal Code, 1905. Acts 2853-2859 GENERAL LAWS. 1038 ACT 2853. Pre-emption and homestead claimants, protection of. [Stats, 1873-74, p. 543.] ACT 2854. Public lands, bona fide settlers on, protection of, [Stats. 1873-74, p, 543.] This act protected the rights of settlers on lands within the survey of a Mexican grant and which had been restored to the public domain. ACT 2855. To provide for the management and sale of lands belonging to the state. [Stats. 1867-68, p. 507.] Amended 1869-70, pp. 14, 814, 875. Supplemented 1869-70, p. 878. Amended 1871-72, pp. 883, 668, 685, 858. Citations. Cal. 45/357, 692; 46/189, 390; 47/182, 227, 240; 48/28; 51> 475, 537; 52/181; 56/223; 57/585, 586; 61/207; 63/308; 65/636; 68/542 74/111; 83/105; 84/615; 91/33; 115/333, 335; 117/457; 121/523; 130/609, 615; 140/279; 141/446; 144/211, 212, 213, 643, 644, 646; 149/798, 799, 800; 151/258. AMDT. 1869-70. Citations. Cal. 47/240, 413; 51/537; 52/106; 58/261; 63/308; 64/209; 68/543; 134/48. This act repealed all prior acts: Kings Co. v. Tulare Co., 119 Cal. 509, 512, As to the effect of the Political Code upon it, see Reclamation District No. 3 v. Goldman, 61 Cal. 205. ACT 2856. Eeservation from sale of certain land. [Stats. 187.5-76, p. R7?)."I This act reserved the north half of section 16, in township 7 south, and range 3 east, Mt. Diablo meridian. ACT 2857. Kegulating the sale of lands uncovered by the recession or drainage of the waters of inland lakes. [Stats. 1893, p. 341.] Amended 1899, p. 182. Citations. Cal. 121/505; 136/492, 494, 497; 143/327, 328, 330, 332. Codified by §§ 3493m-3493t of Political Code. ACT 2858. Salt marsh and tide lands, survey and disposition of. [Stats. 1873-74, p. 858.] Supplementing and amending act of April 1, 1870, Stats. 1869-70, p. 541, repealed by code amendments 1875—76, p. 15, Itself supplemented and amended the act of 1867-68, p. 692, ACT 2859. Sale of Bwamp lands, distribution of funds derived from. [Stats. 1873- 74, p. 770.] Citations. Cal. 119/513. 1039 PUBLIC LANDS. Acts 2860-2867 ACT 2860. To provide for applications for the purchase of sixteenth and thirty- sixth sections, to regulate the application for the purcliasc of such sections, and requiring a deposit to accompany all applications for the purchase of the same. [Stats. 1889, p. 434.] Citations. Cal. 139/626. See this act post, Act 3827. ACT 2861. Providing for examination into the sale and disposal of state lands. [Stats. 1875-76, p. 798.] This act created a commission to hold office one year for the above purpose ACT 2862. Making certificates of purchase or of location evidence of title. [Stats. 1859, p. 227.] Supplemented 1859, p. 332. Amended 1867-68, p. 529. Citations. Cal. 42/297; 51/45; 71/24. In True v. Thompson, 42 Cal. 293, it was held that this act was superseded and repealed by the act of 1863, p. 591, in so far as it made a certificate of location prima facie evidence of title. The act of 1863 was in turn repealed by the act of 1867-68, p. 530. ACT 2363. Legalizing applications to purchase state lands. [Stats. 1869-70, p. 352.] Citations. Cal. 45/450; 47/240; 56/223, 558; 58/541; 83/105; 117/464. This statute validated sales under the act of March 28, 1868, where the affidavits were defective. See Act 3833, post. ACT 2864. Legalizing purchase of lands belonging to state. [Stats. 1871-72 p. 622.] ACT 2865. School lands, act to legalize payments for. [Stats. 1871-72, p. 137.] ACT 2866. Respecting payment in full by holders of certificates of purchase of lands gold prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subse- quent purchasers. [Stats. 1889, p. 428.] ACT 2867. For the relief of purchasers of state lands. [Stats. 1871-72, p. 587.] Amended 1877-78, p. 914. Citations. Cal. 46/26; 52/376; 55/122; 56/224, 225, 226, 228; 62/259; 63/30; 68/543; 73/363; 74/112, 398; 83/106; 85/534, 535; 99/308; 107/ 547, 548. Acts 2868-2874 GENERAL LAWS. 1040 ACT 2868. To provide for the presentation and cancellation of unlocated school land warrants. [Stats. 1893, p. 181.1 ACT 2869. Authorizing the governor and surveyor-general to sell and convey cer- tain lands. [Stats. 1891, p. 251.] Citations. CaL 114/112. This act authorized the sale of certain lands to the claimants and occupants thereof. ACT 2870. Justice, John D., to cure defects in application of, to purchase lands. [Stats. 1877-78, p. 535.] ACT 2871. To authorize certain persons to remove improvements placed upon pub- lic lands after said lands have become private property. [Stats. 1867-68, p. 708.] Declared unconstitutional: Collins v. Bartlett, 44 Cal. 372. ACT 2872. To enable purchasers of state lands to redeem them where their titles have been or may hereafter be foreclosed for nonpayment of inter- est. [Stats. 1881, p. 65.] Citations. Cal. 115/333; 144/425. ACT 2873. An act granting rights of way for lines, roads, structures, levees, canals and excavations to the United States, over the public lands of this state. [Approved March 21, 1907. Stats. 1907, p. 848.] § 1. A right of way is hereby granted over the public lands of this state, and over any public land which may hereafter become the prop- erty of this state, to the United States, for all telegraph, telephone, power or light lines, roads, railroads, tramways, dikes, levees, dams, mounds, embankments, tunnels, ditches or canals, or other works, struc- tures or excavations requiring rights of way built, erected, excavated or constructed under the provisions of the act of Congress, approved June 17, 1902, relating to irrigation and reclamation. §2. All patents or conveyances of such lands which may hereafter be located or filed on shall be issued subject to the rights of way herein provided for. ACT 2874. An act validating the title to lands selected by the state in lieu of sur- veyed school sections situated witliin the exterior boundaries of national reservations created by proclamation of the President of 3 0-11 PUBLIC LANDS. Acts 2875, 2876 tlie United States and vesting the title of the state to such sur- veyed school sections in the United States. [Approved April 24, 1909. Stats. 1909, p. 1091.] § 1. The selection of all lands heretofore made by the surveyor gen- eral from the government of the United Sfates in lieu of surveyed school sections situated witliin the exterior boundaries of national reservations created by proclamation of the president of the United States and which have been listed to the state of California and also all such selec- tions which are now pending before the land department of the United States, when listed to the state, are hereby declared to be good and valid and to vest the title of the United States and the state when said state shall have issued its patent therefor, to such lands in the appli- cant, his successors or assigns, for whom such selection was made, and the title of the state of California in and to such surveyed school sec- tions so used as bases for such indemnity selections shall vest in the United States at the date of such listing to the state and the title of the said state shall be deemed to be released and quitclaimed to the said United States at the time of such listing to the state as aforesaid. §2. This act shall take effect from and after its passage. ACT 2875. An act to authorize the settlement of an existing controversy between the United States of America and state of California, and making an appropriation to carry out the provisions of said act. [Approved March 21, 1907. Stats. 1907, p. 840.] This act was passed to settle a claim by the United States that 40,000 acres of the public domain in excess of the just amount had been listed to the state. ACT 2876. An act to authorize the state of California to release and convey to the United States such portions of the sixteenth and thirty-sixth sec- tions of land contained in the Cleveland national forest, formerly San .Tacinto forest reserve (and referred to in that certain act entitled "An act to authorize the settlement of an existing contro- versy between the United States of America and the state of Cali- fornia, and making an appropriation to carry out the provisions of said act," approved March 21, 1907) as may remain after the settlement referred to in said act has been consummated, for the purpose of reimbursing the United States for lands surrendered to it by the state and which said lands so surrendered were thereafter sold and patented by said state. [Approved March 20, 1909. Stats. 1909, p. 578.] Gen. Laws — 66 Acts2876a-2881 GENERAL LAWS. 1042 TITLE 403. PUBLIC MUSEUMS. ACT 2876a. An aet to provide for the establishment and maintenance of public museums of natural and historical objects within mnnifipalities of the fourth, fifth, and sixth class. [Approved March 20, 1909. Stats. 1909, p. 547.] TITLE 404. PUBLIC PARKS. ACT 2877. To authorize the common councils and boards of supervisors of the sev- eral cities, counties, and cities and counties in this state to levy taxes for the maintenance of public parks having an area of over ten acres each within their respective limits. [Approved March 8, 1887. Stats. 1887, p. 52.] ACT 2878. To enable incorporated "cities and counties" and "cities" and "towns," to acquire, maintain and improve public parks and boulevards. [Approved March 19, 1889. Stats. 1889, p. 361.] Citations. Cal. 132/374, 375; 151/574; 153/292, 293, 295. "See Oakland v. Thompson, 34 Cal. Dec. 91." — Code Commissioners' Note. ACT 2879. To provide for the maintenance and support of the public parks here- tofore created within the various cities and cities and counties of the state, and to amend the existing acts in relation thereto. [Ap- proved March 14, 1889. Stats. 1889, p. 143.] Amended 1893, pp. 79, 343. ACT 2880. Authorizing the commissioners of any public park in this state, and especially the park commissioners of Golden Gark Park, in San Francisco, to accept donations and bequests in aid of the improve- ment and embellishment of their respective parks, and to invest the funds derived therefrom. [Approved March 9, 1885. Stats. 1885, p. 38.] ACT 2881. To authorize cities and towns owning public parks outside of their limits, to lay out, construct, and maintain roads, streets, and boule- vards from the boundaries of such cities or towns to, into, and through such parks, and to acquire lands for that purpose. [Be- came a law, under constitutional provision, without governor's ap- proval, March 1, 1897. Stats. 1897, p. 45.] 1043 PUBLIC WORKS. Acts 2882-2890 ACT 2882. To extend the jurisdiction and authority of cities and towns over parkn owned by them situated beyond the limits of such cities and towns, and over streets and avenues leading to the same. [Became a law, under constitutional provision, without the governor's approval, March 1, 1897. Stats. 1897, p. 47.] ACT 2883. Giving the consent of the state of California to the reservation of cer- tain lands by Congress. [Approved March 14, 1891, Stats. 1891, p. 107.] This act granted the consent of the state to forest reservations. ACT 2884. An act to provide for the acquisition by municipalities of land for pub-- lic park or public playground purposes by condemnation, and for the establishment of assessment districts and the assessment of property therein to pay the expense of acquiring such land. [Ap- proved April 22, 1909. Stats. 1909, p. 106G.] ACT 2885. An act to authorize the governor to accept on behalf of the state the grant of certain lands in Butte county. [Approved March 22, 1909. Stats. 1909,. p. 666.] This act authorized the state to accept a grant of lands in Butte County by Annie E. K. Bidwell for a park. TITLE 405. PUBLIC WORKS. Hours of labor on: See tit. "Hours of Labor," ante. ' ACT 2888. Creating a commissioner of public works, defining his duties and pow- ers, prescribing his compensation and making an appropriation. [Stats. 1893, p. 345.] Amended 1897, p. 26. Repealed 1899, p. 157; 1900, p. 20. Citations. Cal. 125/414. ACT 2889. Creating a commissioner of public works, defining his duties and powers and fixii 'X his compensation. [Stats. 1899, p. 157.] Superseded by 1000, p. 20. ACT 2890. An act creating a commissioner of public works, defining his duties and powers, and fixing his compensation. [Approved February 9, 1900. Stats. 1900, p. 20.] Sepealed 1907, pp. 215, 223. Acts2891-2893a GENERAL LAWS. 1014 ACT 2891. An act providing for the appointment of an auditing board to the com- missioner of public works, authorizing and directing liim and them to perform certain duties relating to drainage, to purchase machin- ery, tools, dredges, and appliances therefor, to improve and rectify water channels, to erect works necessary and incident to said drainage, to condemn land and property for the purposes afore- said, making certain acts a felony, and making an appropriation of money for the purposes of this act. [Approved March 17, 1897. Stats. 1897, p. 171.] Amended 1900, p. 21; 1901, p. 91. Repealed 1907, pp. 215, 224. Citations. Cal. 125/415. ACT 2892. An act authorizing the commissioner of public works to obtain a riglit of way for a canal to divert the waters of Mormon channel into the Calaveras Eiver, to maintain condemnation suits therefor, and mak- ing an appropriation to pay for said right of way and the costs and expenses of obtaining the same. [Approved March 25, 1903. Stats. 1903, p. 476.] See Act 2393a. ACT 2893. To provide for, insure, and maintain preference in the appointment, employment, and retention in the public service, and upon public works of the state of California, of honorably discharged ex-Union soldiers, sailors, and marines of the war of the rebellion. [Approved March 31, 1891. Stats. 1891, p. 289.] ACT 2893a. An act to furnish, grant, convey and relinquish to the United States of America the right of way in San Joaquin county now (or hereafter) obtained by the commissioner of public works under an act of the legislature, approved March 25, 1903, entitled "An act authorizing the commissioner of public works to obtain a right of way for a canal to divert the waters of Mormon channel into the Calaveras Eiver, to maintain condemnation suits therefor, and making an appropriation to pay for said right of way, and the costs and ex- penses of obtaining the same," and under the laws of the state of California relating to such matters, for the purpose of the con- struction and completion of such right of way by the United States of America of a diverting canal east of the city of Stockton from the Mormon channel to the Calaveras Eiver and along the channel of the Calaveras Eiver to the San Joaquin Eiver, pursuant to an act of Congress of June 13, 1902, and to subsequent acts of Con- gress relating thereto, and to authorize the commissioner of public works and the governor of the state to execute conveyances thereof, and to authorize and direct the secretary of state to countexsigu 1045 rUCLIC WORKS, Acts 2894, 2895 and make delivery of the same to the United States of America. [Approved June 9, 1906. Stats. 1906, p. 13.] ACT 2894. An act fixing the minimum rate of compensation for labor on public work. [Approved March 9, 1897. Stats. 1897, p. 90.] Citations. Cal. 119/578; 127/102; 136/532. § 1. The minimum compensation to be paid for labor upon all work performed under the direction, control, or by the authority of any officer of this state acting in his official capacity, or under the direction, con- trol, or by the authority of any municipal corporation within this state, or of any officer thereof acting as such, is hereby fixed at two (2) dol- lars per day; and a stipulation to that effect must be made a part of_ all contracts to which the state, or any municipal corporation therein,,' is a party; provided, however, that this act shall not apply to persons employed regularly in any of the public institutions of the state, or any city, city and county, or county. §2. This act shall take effect immediately. ACT 2895. A.n act to secure the payment of the claims of materialmen, mechanics, or laborers, employed by contractors upon state, municipal, or other public work. [Approved March 27, 1897. Stats. 1897, p. 201.] Citations. Cal. 129/394; 133/23, 24; 135/637. §1. Every contractor, person, company, or corporation, to whom is awarded a contract for the execution or performance of any building, excavating, or other mechanical work, for this state, or by any county, «ity and county, city, town, or district therein, shall, before entering upon the performance of such work, file with the commissioners, man- agers, trustees, officers, board of supervisors, board of trustees, common council, or other body by* whom such contract was awarded, a good and sufficient bond, to be approved by such contracting body, officers, or board, in a sum not less than one-half of the total amount payable by the terms of the contract; such bond shall be executed by the" con- tractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contract, person, company, or corporation, fails to pay for any materials or supplies fur- nished for the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an amount not exceeding the sum specified in the bond; provided, that such claims shall be filed as hereafter required. §2. Any materialman,' person, company, or corporation, furnishing materials or supplies, used in the performance of the work contracted to be executed or performed, or any person who performed work or labor Act 2896 GENERAL LAWS, 1046 upon the same or any person who supplies both work and materials, and whose claim has not been paid by the contractor, company, or corpora- tion, to whom the contract has been awarded, shall, within thirty days from the time such work is completed, file with the commissioners, man- agers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation filing the same may com- mence an action against the sureties on the bond, specified and required by section 1 hereof. § 3. This act shall take effect immediately. ACT 2896. An act to regulate the erection of public buildings and structures. [Approved April 1, 1872. Stats, 1871-72, p, 925.] Citations. Cal. 47/510; 122/297; 141/395. Plans and specifications. Advertisement. § 1. When by any statute of this state power is given to any state or county officer or officers, 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 build- ing or structure, it shall be the duty of said officer or officers, board of supervisors, corporation, 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 law or otherwise to be expended for the erection of said building or structure; and also the premium to be awarded to the architect whose plans and specifications for the same may be adopted. Architect's bond for contract. § 2. Whenever the plans and specifications of any architect shall be adopted, such officer or officers, board of supervisors, or corporation, or board of trustees or commissioners, or other person or persons so adopting the same, shall, before any premium shall be awarded for such plans and specifications, require such architect to execute and file with such officer or officers, board of 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 sura of five thousand dollars, to be approved by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, as the case may be, and conditioned that within sixty days from the date of said bond he will, on presentment to him, enter into a contract containing such provisions and conditions as may be re- quired by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons; and also 1047 PUBLIC WORKS. Acts 2897, 2898 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 officers, board of supervisors, cor- poration, or board of trustees or commissioners, or other person or per- sons, so acting under authority of law, should, within said sixty days, require said architect to enter into such contract to erect such building or structure, at the price named in said advertisement to be expended for such purpose. In case said architect whose plans and specifications are adopted should enter into such contract, it shall be the duty of such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, to employ a competent architect or superintendent to superintend the erection of such building or structure, and to see that such plans and specifications are faithfully carried out. When contracts void. § 3. All contracts entered into by such officer or officers, board of supervisors, corporation, board of trustees, commissioners, or other per- son or persons, in violation of the provisions of this act, shall be null and void. § 4. This act shall take effect and be in force from and after its passage. Superseded as to state oflScers and works by the following act: A.CT 2897. An act to regulate contracts on behalf of the state, in relation to erec- tions and buildings. [Approved March 23, 1876. Stats. 1875-76, p. 427.] Amended 1891, p. 457; 1895, p. 237; 1905, p. 416; 1907, p. 225. Repealed 1909, p. 656. Citations. Cal. 111/582, 587; 125/591, 592. See Act 2901, post. ACT 2898. An act to provide for the completion of all unfinished county, city, city and county, town, and township buildings in the several counties, cities and counties, cities, and towns, throughout the state of Cali- fornia. [Approved March 10, 1887. Stats. 1887, p. 95.] Amended 1891, p. 83; 1893, p. 126; 1895, p. 166. Citations. Cal. 96/290; 128/129. Construction of unfinished buildings. § 1. In the event that the board of supervisors of the several coun- ties, cities, and cities and counties of the state of California sliall deem it expedient to continue the construction of any unfinished county, or city i.ad county, or town, or township building or buildings now in the Act 2898, § 1 GENERAL LAWS. 1048 process of construction, they are hereby authorized and empowered to express such judgment, by resolution or order, in such form as they may deem proper; and for tlie purpose of raising the money necessary to complete said building or buildings the board of supervisors of the sev- eral counties, cities, and cities and counties of the state of California are hereby authorized and empowered to levy and collect, annually, for the fiscal year commencing July first, eighteen hundred and eighty- seven, and ending June thirtieth, eighteen hundred and eighty-eight, and each and every fiscal year thereafter during the eight fiscal years next ensuing, in the same manner and at the same times as other taxes in said counties, cities, and towns, and townships, and cities and coun- ties 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 assessment rolls of said counties, cities, cities and counties, towns, and townships for the current fiscal year; provided, the moneys raised under the provisions of this act shall be expended only in the manner and for the purposes authorized by law or by the act or acts authorizing 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 completed 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 offices or rooms; and it is further pro- vided, that whenever, in the judgment of the board of supervisors of the several counties, cities, and cities and counties, of the state of California, or of any person or persons, board, or commission having charge of any building or buildings now in the process of construction, it shall be deemed necessary for the preservation of the building or buildings, or convenient occupation thereof, or the improvement or main- tenance of sanitary conditions therein, or the protection of life, to make repairs on said building or buildings, or alterations thereof not incon- sistent 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 alterations, 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 requirements of any act or acts authorizing the construction of the building or buildings, if the amount expended at any one time does not exceed the sum of one thousand dollars; but whenever an expend- iture iix excess of the sum of one thousand dollars should be required, it shall be made according to the provisions of the act or acts authorizing the construction of the building or buildings. [Amendment approved March 26, 1895. Stats. 1895, p. 166. In effect immediately.] Also amended in 1891, Stats. 1891, p. 83, and in 1893, Stats. 1893, p. 126. 1049 PUBLIC WORKS. Acts 2899, 2900 §2. All laws now in force, except in so far as they relate to the levy and collection of taxes for the completion of anj^ county, or city and county, or city, or towns, or townships building or buildings, are hereby continued in full force and effect. ACT 2899. An act concerning the completion of unfinished public buildings in any county, city, city and county, or town in this state, and permitting alterations of the original plans or designs for the construction thereof. [Approved March 26, 1895. Stats. 1895, p. 165.] § 1. Where there are any unfinished public building or buildings now in process of construction in any county, city, city and county, or town in this state, the board of supervisors or other governing body_ of any county, city, city and county, or town, or any commission created by an act of the legislature, having in charge the construction of such unfinished building, shall have the right in the construction thereof to omit from the original or adopted plan therefor such part or parts as in their 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 ofiicers, the public good requires, they may let contracts according to law for the construction, in whole or in part, of the unfinished portions of such public building or buildings in accord- ance with such altered plan. When the same shall have been con- structed in accordance with such altered plan, the building shall be deemed to have been completed. § 2. Whenever, 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 work, in whole or in part, in accordance with the altered plans or designs, have been entered into by the board of supervisors, or other governing body of any county, city, city and county, or town, or by the commission having the con- struction 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. § 3. This act shall take effect from and after its passage. ACT 2900. An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state, for the construction of waterworks, sewers, and all necessary ])ub- lic improvements, or for any purpose whatever, and to repeal the act approved March 9, 1S85, entitled "An act to authorize munieifial corjiorations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain waterworlts," also to repeal an act approved March 15, 1887, entitled "An act Act 2900, I § 1,2 GENERAL LAWS. 1050 authorizing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state." [Approved March 19, 1889. Stats. 1889, p. 399.] Amended 1891, pp. 84, 94, 132; 1893, p. 91. Of the last amendment, the code commissioners say: "This latter amendment attempted to be repealed by 1897, p. 97, but such repeal declared unconsti- tutional in City of Los Angeles v. Hance, 122 Cal. 78." Citations. Cal. 91/550; 95/112; 99/147; 104/519, 521, 523; 107/400, 465, 466, 469, 470, 473; 119/625, 626; 121/103; 122/78; 125/623, 624; 126/ 280, 281; 130/279; 135/451, 452, 453, 454; 136/146; 138/243; 142/699, 700, 701; 144/393; 151/180; 153/291, 294. Municipal corporations may incur indebtedness. § 1. Any city, town or municipal corporation, 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 what- ever requiring an expenditure greater than the amount allowed for such improvement by the annual tax levy. Manner of procedure. § 2. Whenever the legislative branch of any city, town, or municipal corporation shall, by ordinance passed by a vote of two-thirds of all its members, and approved by the executive of said city, town, or municipal corporation, determine that the public interest or necessity demands the acquisition, construction, or completion of any municipal buildings, bridges, waterworks, water rights, sewers, or other municipal improve- ments, 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 news- paper published in such municipality, and at their next regular meeting after such publication, or at an adjourned meeting, by ordinance passed by a vote of two-thirds of all its members, and also approved by the said executive, call a special election and 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 indebtedness for said purpose shall be submitted. The or- dinance calling such special election shall recite the objects and pur- poses for which the indebtedness is proposed to be incurred, the estimated cost of the proposed public improvement, the necessity for such improve- ment, and that the bonds of the municipality shall issue for the payment of the cost of such improvement, as in such ordinance set forth, if the proposition be accepted by the qualified voters, as hereinafter provided, and shall fix the day on which such special election shall be held the manner of holding such election, and the voting for or against incurring such indebtedness; such election shall be held as provided by law for holding such elections in such city, town, or municipal corporation; provided, however, that where by the terms or provisions of the char- ter of any city, town, or municipal corporation, the cost of making the proposed improvements is to be or must be paid from a special fund 1051 PUBLIC WORKS. Act 2900, §§ 3-6 created by such charter for that purpose, the proposition of incurring such an indebtedness may be submitted to the qualified voters at any general election for officers of the state of California or of such city, town, or municipal corporation. [Amendment approved March 11, 1891. Stats. 1891, p. 94.] Publication of intention to incur indebtedness. §3. Such ordinance shall 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 notice 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 interest to be paid, and the amount of tax levy to be made for the payment thereof. - It shall require the votes of two-thirds of all the voters voting at such special election to authorize the issuance of the bonds herein provided. Plans and estimates of improvements. § 4. It shall be the duty of the legislative branch of any municipal- ity contemplating permanent 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. §5. No city, town, or municipal corporation shall incur an indebted- ness for public improvements which shall, in the aggregate, excee/4, 6 faithful performance of tlie contract; and the sureties shall justify before any person competent to administer an oath, in double the amount men- tioned in said Ijond, over and above all statutory exemptions. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, for payment by him, the cost of publica- tion 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 con- tract, the incidental expenses incurred previous to such abandonment shall be paid out of the city treasury. [Amendment approved March 31, 1891. Stats. 1891, p. 199.] § 51/2. At any time within ten days from the date of the first publi- cation of the notice of award of contract, any owner of or other person having any interest in any lot or land liable to assessment, who claims that any of the previous acts or proceedings relating to said improve- ment are irregular, defective, erroneous or faulty, may file with the clerk of the city council a written notice specifying in what respect said acts and proceedings are irregular, defective, erroneous or faulty. Said notice shall state that it is made in pursuance of this section. All objections to any act or proceeding, prior to the date of the aforesaid notice of award, in relation to said improvement, not made in writing and in the manner and at the time aforesaid, shall be waived, excepting as to mat- ters directly affecting the jurisdiction of the council to order the said work or improvement. [New section approved February 20, 1909. Stats, 1909, p. 31. In eflfect immediately.] § 6. The superintendent of streets is hereby authorized, in his official capacity, to make all written contracts, and receive all bonds authorized by this act, and to do any other act, either express or implied, that per- tains to the street department 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 contracts entered into by him, which work shall be prosecuted with diligence from day to day thereafter to completion, and he may extend the time so fixed from time to time, under the direction of the city council. The work provided for in section 2 of this act must, in all cases, be done under the direction and to the satisfaction of the super- intendent of streets, and the materials used shall comply with tiie speci- fications and be to the satisfaction of said superintendent of streets, and all contracts made therefor must contain a provision to that effect, and also express notice that, in no case, except where it is otherwise provided in this act, will the city, or any officer thereof, be liable for any portion of the expense, nor for any delinquency of persons or property assessed. The city council may, by ordinance, prescribe general rules directing the superintendent of streets and the contractor as to the materials to be used, and the mode of executing the work, under, all contracts thereafter made. Act 3930, §§ 6»4,'J' GENERAL LAWS. 1290 The assessment and apportionment of the expenses of all such work or improvement shall be made by the superintendent of streets in the mode herein provided. §61/2- Every contractor, person, company, or corporation, including contracting owners, to whom is awarded any contract for street work under this act, shall, before executing the said contract, file with the superintendent of streets a good and sutlicient bond, approved by the mayor, in a sum not less than one-half of the total amount payable by the terms of said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who perform labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said con- tract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any materialman, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said con- tractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation, filing the same or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecu- tion thereof. [New section approved February 21, 1899. Stats. 1899, p. 23.] § 7. Subdivision One — The expenses incurred for any work authorized by this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, nor include work which shall have been declared in the resolution of inten- tion to be assessed on a district benefited) shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically pro- vided; each lot or portion of a lot being separately assessed, in propor- tion to the frontage, at a rate per front foot sufiicient to cover the total expense of the work. Subdivision Two — The expense of all improvements, except such as are done by contractors under the provisions of section 13 of this act, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally accepted, as provided in section 20 of this act, shall be assessed upon the lots and lands, as provided in this section, according 1291 STREETS. Act 3930, § 7 to the nature and character of the work; and after such acceptance the expense of all the work thereafter done thereon shall be paid by said city out of the street department fund. Subdivision Three— The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and 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 city where no such crossing intervenes, but only according to its frontage in said quarter blocks and irregular blocks. Subdivision Four — Where a main street terminates in another main street, the expenses of the work done on one-half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said 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 subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or sub- division street, if it does not meet another. Subdivision Six — The expense of work done on alley or subdivision street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all directions, half way to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another. Subdivision Seven — Where a subdivision street, avenue, lane, alley, place, or court terminates 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, alley, place, or court opposite the ter- mination, shall be assessed upon the lot or lots fronting on such sub- division street, or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half way on each side, respectively, to the next street, avenue, lane, alley, court, or place, or to the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one-half of the width upon the lots fronting such termina- tion. Subdivision Eight — Where any work mentioned in this act (manholes, cesspools, culverts, cross-walks, piling, and capping excepted) is done on either or both sides of the center line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expenses of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. And when sewering or resewering is ordered to be done under the sidewalk on only one side of a street for any length thereof, the assessment for its expenses shall be made only Act 3930, § 7 GENERAL LAWS. 1292 Upon the lots and lands fronting nearest upon that side, and for inter- vening intersections only upon the two quarter blocks adjoining and cornering upon that side. Subdivision Nine — Section 1 of chapter 325 of the laws of this state, entitled "An act amendatory of and supplementary to 'An act to provide revenue for the support of the government of this state,' approved April twenty-ninth, eighteen hundred and fifty-seven," approved April nine- teenth, eighteen hundred and fifty-nine, shall not be applicable to the provisions of this section; but the property herein mentioned shall be subject to the provisions of this act, and be assessed for work done under the provisions of this section. Subdivision Ten — It shall be lawful for the owner or owners of lots or lands fronting upon any street, the width and grade of which have been established by the city council, to perform, at his or their own expense (after obtaining permission from the council so to do, but 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 thereof, and to its grade as then established, and thereupon to pro- cure, at his or their own expense, a certificate from the city engineer, setting forth the number of cubic yards of cutting and filing made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of said street, or to the center line thereof, and thereafter to file said cer- tificate with the superintendent of streets, which certificate the superin- tendent shall record in a book kept for that purpose in his office, prop- erly indexed. Whenever thereafter the city council orders the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and the contract must express the price by the cubic yard for cutting and filling in grading; and the said owner or owners, and his or their successors in interest, shall be entitled to credit, on the assessment upon his or their lots and lands fronting on said streets for the grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade meanwhile has been duly altered, only for so much of said certified work as would be required for grading to the altered grade; provided, how- ever, that such owner or owners shall not be entitled to such credit as may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportionately assessed for the whole of said grading; and the superintendent of streets shall include in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certificates so recorded in his office, or for the whole of said grading to the duly altered grade so much of said certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as payments upon the amounts assessed against the lots and lands owned, respectively, by said certified owners and their successors in interest; provided, however, that he shall not so include any grading quantities or credit any sums in excess of the proportionate assessments 1293 STREETS. Act 3930, § 7 for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their successors in interest. Whenever any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do, any work (except grading) on such street, in front of any block, at his or their own expense, and the city council shall sub- sequently order any work to be done of the same class in front of the same block, said work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision eleven of this section of this act; provided, that the work so done at the expense of such owner or owners, shall be upon the official grade, and in condition satisfactory to the street superintendent at the time said order is passed. Subdivision Eleven — The city council may include in one resolution of intention and order any of the different kinds of work mentioned in this act, and it may except therefrom any of said work already done upon the street to the official grade. The lots and portions of lots front- ing upon said excepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made; provided, that this shall not be construed so as to affect the special provisions as to grading contained in subdivision 10 of this section. Subdivision Twelve — Whenever the resolution of intention declares that the costs and expenses of the work and improvement are to be as- sessed upon a district, the city council shall direct the city engineer to make a diagram of the property affected or benefited by the proposed work or improvement, as described in the resolution of intention, and to be assessed to pay the expenses thereof. Such diagram shall show each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces, or parcels of land, and the relative location of the same to the work proposed to be done, all within the limits of the assessment district; and when said diagram shall have been approved by the city council, the clerk shall, at the time of such approval, certify the fact and date thereof. Immediately thereafter the said diagram shall be delivered to the superintendent of streets of said city, who shall after the contractor of any street work has fulfilled his contract to the satis- faction of said superintendent of streets or city council, on appeal, pro- ceed to estimate upon the lands, lots or portions of lots within said assessment district, as shown by said diagram, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece, or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the costs and expenses of such proposed work, and in so doing shall assess said total sum upon the several pieces, parcels, lots, or portions of lots, and sub- divisions of land in said district benefited thereby, to wit: Upon each respectively, in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as provided in the next section, and the provisions of subdivisions 3, 4, 5, 6, 7, and 8 of this section shall not be applicable to the work or improvement provided for in this Act 3930, §§ 8, 9 GENERAL LAWS. 1294 subdivision, [Amendment approved March 31, 1891. Stats. 1891, p. 201.] § 8. After the contractor of any street work has fulfilled his contract to the satisfaction of the street superintendent of said city, or city council on appeal, the street superintendent shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental expenses), in conformity with the provisions of the preceding section according to the character of the work done; or, if any direction and decision be given by said council on appeal, then in conformity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and per- formed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, if the assess- ment be made per front foot, the amount of each assessment, the name of the owner of each lot, or portion of a lot (if known to the street superintendent); if unknown the word "Unknown" shall be written op- posite the number of the lot, and the amount assessed thereon, the number of each lot or portion or portions of a lot assessed, and shall have attached thereto a diagram exhibiting each street or street crossing, lane, alley, place, or court, on which any work has been done, and show- ing the relative location of each district, lot, or portion of lot to the work done, numbered to correspond with the numbers in the assess- ments, and showing the number of feet fronting, or number of lots assessed, for said work contracted for and performed. [Amendment ap- proved March 14, 1889. Stats. 1889, p. 166.] § 9. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets, and countersigned by the mayor of said city. The said warrant shall be substantially in the following form: Form of the Warrant. By virtue hereof, I (name of the superintendent of streets), of the city of , county of (or city and county of ), and state of California, by virtue of the authority vested in me as said superintendent of streets, do authorize and empower (name of contractor), (his or their) agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be (his or their) warrant for the same. (Date.) (name of superintendent of streets.) Countersigned by (name of mayor.) Said warrant, assessment, and diagram, together with the certificate of the city engineers, shall be recorded in the office of said 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 recording, unless sooner dis- charged; and from and after the date of said recording of any warrant, assessment, diagram and certificate, all persons mentioned in section 11 1295 STREETS. Act 3930, § 10 of this act shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment, diagram, and certificate are recorded, the same shall be delivered to the contractor, or his agent, or assigns, on demand, but not until after the payment to the said super- intendent of streets of the incidental expenses not previously paid by tlie contractor, or his assigns; and by virtue of said warrant said con- tractor, or his agent or assigns, shall be authorized to demand and re- ceive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments. Whenever it shall appear by any final judgment of any court of this state that any suit brought to foreclose the lien of any sum of money assessed to cover the expense of said street work done under the provisions of this act has been defeated by reason of any defect, error, informality, omission, irregularity, or illegality in any assessment hereafter to be made and issued, or in the recording thereof, or in the return thereof made to or recorded by said superintendent of streets, any person interested therein may, at any time within three months after the entry of said final judg- ment, apply to said superintendent of streets who issued the same, or to any superintendent of streets in office at the time of said application, for another assessment to be issued in conformity to law; and said superintendent shall, within fifteen days after the date of said applica- tion, make and deliver to said applicant a new assessment, diagram, and warrant in accordance with law; and the acting mayor shall countersign the same as now provided by law, which assessment shall be a lien for the period of two years from the date of said assessment, and be enforced as provided in section 7 of this act. [Amendment approved March 31, 1891. Stats. 1891, p. 205.] § 10. The contractor, or his assigns, or gome person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made the contractor, his assigns, or some per- son in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a separate receipt if demanded. Whenever the person so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "Unknown" on the assessment, then the said contractor, or his assigns, or some person in his or their behalf, shall publicly demand payment on the premises assessed. Tlie warrant shall be returned to the superintendent of streets within thirty days after its date, with a return indorsed thereon, signed by the contractor, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assess- ments remain unpaid, in whole or in part, and the amount thereof. Thereupon the superintendent of streets shall record the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been re- corded at full length in a book to be kept for that purpose in his office, and shall sign the record. The said superintendent of streets is author- Act 3930, § 11 GENERAL LAWS. 1296 ized at any time to receive the amount due upon any assessment-list and warrant issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been 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 and warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed; provided, 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 effect as if the original had been so returned. 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. § 11. The owners, whether named in the assessment or not, the con- tractor, or his assigns, and all other persons directly interested in any work provided for in this act, or in the assessment, feeling aggrieved by any act or determination of the superintendent of streets in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceedings of tiie superintendent of streets, shall, within thirty days after the date of the warrant, appeal to the city council, as provided in this section, by briefly stating their objections in writing, and filing the same with the clerk of said city council. Notice of the time and place of the hearing, briefly referring to the work con- tracted to be done, or other subject of appeal, and to the acts, determina- tions, or proceedings objected to or complained of, shall be published for five days. Upon such appeal, the said city council may remedy and correct any error or informality in the proceedings, and revise and cor- rect 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 require the work to be completed according to the directions of the city council; and may instruct and direct the superintendent of streets to correct the warrant, assessment, or diagram in any particular, or to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said city council in relation thereto, at their option. All the decisions and determinations of said city council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons en- titled to appeal under the provisions of this section, as to all errors^ informalities, and irregularities which said city council might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to the city council, as provided in this section, for any 1297 STREETS. Act 3930, § 12 error, informality, or other defect in any of the proocodings prior to the assessment, or in the assessment itself, where notice of the intention of the city council to order the work to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution ordering the work to be done. §12. At any time after the period of thirty-five days from the day of the date of the warrants, as herein provided, or if an appeal is taken to the city council, as provided in section 11 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 11 (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or por- tions of lots, assessed on the day of the date of the 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 taxable cost as attorney's fees, but not any percentage upon said recovery. And when suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, 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, notwithstanding that the suit may be settled or a tender may be made before a recovery in said action, and he may have judgment there- for. Suit may be brought in the superior court within whose jurisdic- tion the city is in which said work has been done, and in case any of the assessments are made against lots, portions of lots, or lands the owners thereof cannot, with due diligence, be found, the service in each of such actions may be had in such manner as is prescribed in the codes and laws of this state. The said warrant, assessment, certificate, and dia- gram, with the affidavit of demand and nonpayment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets and city council upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to recover in the action. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in other cases of the sale of real estate by the process of said courts; and on appeal, the apnellate courts shall be vested with the same power to adjudge and deeree'a lien and to order such premises to be sold on execution or decree as is con- ferred on the court from which an appeal is taken. Such premises, if sold, maj' be redeemed as in other cases. In all suits now pending, or hereafter brought to recover street assessments, the proceedings therein shall be governed and regulated by the provisions of this act, and also, Gen. Laws — 82 Act 3930, §§ 121/^, 13 GENERAL LAWS. 1298 when not in conflict herewith, by the codes of this state. This act shall be liberally construed to effect the ends of justice, [Amendment ap- proved Ma"rch 14, 1889. Stats. 1889, p. 168.] § 121/2. The city council, instead of waiting until the completion of the improvement, may, in its discretion, and not otherv/ise, upon the completion of two blocks or more of any improvement, order the street superintendent to make an assessment for the proportionate amount of the contract completed, and thereupon proceedings and rights of col- lection of such proportionate amount shall be had as in sections 8, 9, 10, 11, and 12 of the act of which this is amendatory is provided. [New section approved March 14, 1889. Stats. 1889, p. 169.] § 13. When any portion of any street, avenue, lane, alley, court, or place in said city improved, 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 public 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 sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, said portion of said street, avenue, lane, alley, court, or place, to the center line of said street in front of the property of which he is the 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 material shall be used in said repairs, or reconstructions, 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 completion, the said superintendent of streets may, under authority from said city council, make such re- pairs, reconstruction, or both, or enter into a contract with any suitable person, at the expense of the owner, tenant, or occupant, after the specification for the doing of said work shall have been conspicuously posted by him in his office for two days, inviting bids for the doing of said work, which bids shall be delivered to him at his office on or before the second day of said posting, and opened by him on the next day following the expiration of said two days of posting, and the contract by him be awarded to the lowest bidder, if such lowest bid, in the judg- ment 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 inspection of all persons, and such owner, tenant, or occupant shall be liable to pay said contract price. Such work shall be commenced within twenty-four hours after the contract shall have been signed, and completed without delay to the satisfaction of said street superintendent. Upon the completion of said repairs, or recon- struction, or both, by said contractors as aforesaid, to the satisfaction of 1299 STREETS. Act 3930, 5§ 14-17 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, 1889. Stats. 1889, p. 169.] § 14. If the expenses of the work and material for such Improvements after the completion thereof, and the delivery to said contractor of said certificate, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and said certifieate 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 rr^over for the same in such action. Said certificate shall be recorded by the said superintendent 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 9 of this act, and may be enforced in the same manner. § 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 prosecution in the name of the people of the state of California, in the court having jurisdiction thereof, and may be applied, if deemed expedient by the said council, in the payment of the expenses of any such repairs not otherwise provided for. § 16. The person owning the fee, or the person in whom, on the day the action is commenced, appears the legal title to the lots and lands, by deeds duly recorded in the county recorder's office of each county, or the person in possession of lands, lots, or portions of lots or buildings under claim, or exercising acts of ownership over the same for him- self, or as the executor, administrator, or guardian of the owner, shall be regarded, treated, and deemed to be the "owner" (for the purpose of this law), according to the intent and meaning of that word as used in this act. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. § 17. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this act, or he may pay the price agreed on to be paid under the provision of section 13 of this act, either before or after suit brought, together with costs, to the contractor, or his assigns, or he may redeem the property, if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him, and for Acl 3930, §§ 18-20 GENERAL LAWS. 1300 any sums so paid beyond the rents due from him, he shall have a lien upon and may retain possession of the said land and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents, or by payment by the owner. § 18. The records kept by the superintendent of streets of said city, in conformity with the provisions of this' act, and signed by him, shall .have the same force and effect as other public records, and copies there- from, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. §19. Notices in writing which are required to be given by the super- intendent of streets, under the provisions of this act, may be served by any person, with the permission of the superintendent of streets, an.1 the fact of such service shall be verified by the oath of the persoj making it, taken before the superintendent of streets, who for that pur- pose, 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 delivered to the superintendent of streets himself, who must also verify the service thereof, and who shall keep a record of the fact of giving such notices, when delivered by himself personally, and also of the notices and proof of service when delivered by any other 'person. [Amendment approved March 14, 1889. Stats. 1889, p. 170.] § 20. "Whenever any street, or portion of a street, has been or shall hereafter be fully constructed to the 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 regulations as the city council shall adopt, the same shall be accepted by the city council, by ordinance, and thereafter shall be kept in repair and improved by the said municipality; the expense thereof, together with the assessment for street work done in front of city 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 (including the curb- ing), and one block in length, or one entire crossing; and, provided further, that the city council may partially or conditionally accept any street, or portion of a street, without a sewer, or gas-pipes, or water-pipes therein, if the ordinance of acceptance expressly states that the council deems such sewer, or gas-pipes, or water-pipes, to be then unnecessary, but the lots of land previously, or at any time, assessable for the cost of constructing a sewer, shall remain and be assessable for such cost, and for the cost of repairs and restoration of the street damaged in the said construction, whenever said council shall deem a sewer to be necessary, and shall order it to be constructed, the same as if no partial or con- ditional acceptance had ever been made. The superintendent of streets shall keep in his office a register of all streets accepted by the city 1801 STREETS. Act 3930, §§ 21-24 council under this section, whicli register shall be indexed for easy refer- ence thereto. §21. The superintendent of streets shall keep a public office in gome 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 the expense of the same shall be paid out of the street or sewer fund of said city. §22. It shall be the duty of the superintendent of streets to see that the laws, ordinances, orders, and regulations relating to the public streets and highways be fully carried into execution, and that the pen- alties 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 citj'- council. He shall, before entering upon the duties of his office, give bonds to the municipality, with such sureties and for such sums as may be required by the city council; and should he fail to see the laws, ordinances, orders, and regulations relative to the public streets or highways carried into execution, after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of said official neglect. § 23. If, in consequence of any graded street or public highway improved under the provisions of this act, being out of repair and in condition to endanger persons or property passing thereon, any person, while carefully using said street or public highway, and exercising or- dinary 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 highway shall have existed for the period of twenty-four hours or more after notice thereof to the said superintendent of streets, then the person or persons on whom the law may have imposed the obligations to repair such defect in the street or public highway, and also the officer or officers through whose official negligence such defect remains unrepaired, shall be jointly and severally liable to the party injured for the damage sus- tained; provided, that said superintendent has the authority to make said repairs, under the direction of the city council, at the expense of the city. § 24. The city council of such city shall have full power and author- ity to construct sewers, gutters, and man-holes, and provide for the clean- ing of the same, and culverts or cesspools, or cross-walks, or sidewalks, or any portion of any sidewalk, upon or in any street, avenue, lane, alley, court, or place in such city; and also for drainage purposes, over or through any right of way obtained or granted for such purposes, with necessary and proper outlet or outlets to the same, of such materials, in such a manner, and upon such terms as it may be deemed proper. None of the work or improvements described in this section shall be Act 3930, §§ 25-28 GENERAL LAWS. 1302 stayed or prevented by any written or any other remonstrance or objec- tion, unless such council deems proper. [Amendment approved March 11, 1893. Stats. 1893, p. 173.] § 25. The city council may, in its discretion, repair and water streets that shall have been graded, curbed, and planked, paved, or macada- mized, and may build, repair, and clean sewers, and shall provide a street contingent fund at the same time and in the same manner as other fuiids are provided, out of which to pay the costs and expenses of making said repairs, and watering said streets, and building, repairing, and cleaning said sewers; but whenever any unaccepted street or part of a street requires regrading, recurbing, repiling, repaving, replanking, regraveling, or remacadamizing, or requires new culverts, or new cross- walks, or new sidewalks, or new sewers, the work shall be advertised and let out by contract, and the costs and expenses thereof shall be assessed upon the property affected or benefited thereby, the same as in the first instance. §26. The city council may, in its discretion, order, by resolution, that the whole or any part of the cost and expenses of any of the work mentioned in this act be paid out of the treasury of the municipality from such fund as the council may designate. Whenever a part of such cost and expenses is so ordered to be paid, the superintendent of streets, in making up the assessment heretofore provided for such cost and expenses, shall first deduct from the whole cost and expenses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expenses proportionately upon the lots, parts of lots, and lands fronting on the streets where said work was done, or liable to be assessed for such work, and in the manner heretofore provided. [Amendment approved March 31, 1891. Stats. 1891, p. 206.] Part II. §27. Whenever the city council deem it necessary to construct a sewer, then the said council may, in its discretion, determine to construct said sewer, and assess the cost and expenses thereof upon the property to be affected or benefited thereby, in such manner and within such assessment district as it shall prescribe, and the lien therefor upon said property shall be the same as is provided in section 9 of this act, or said council may determine to construct said sewer and pay therefor out of the street contingent fund. § 28. If, at any time, the city council shall deem it necessary to incur any indebtedness for the construction of sewers, in excess of the money in the street contingent fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the route and general character of the sewer, or sewers to be constructed, and the amount of money necessary to be 1303 STREETS. Act 3930, §§ 29-32 raised annually by taxation for an interest and sinking fund as herein- after 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 city council 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 interest on such indebtedness as it falls due, and also to con- stitute a sinking fund for the pa3anent 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 purposes. 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. § 29. If bonds are issued under the provisions 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 maj^or and treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the mayor and treasurer. Said bonds shall bear interest, to be fixed by the city council, at the rate of not to exceed five per cent per annum. § 30. Before the sale of said bonds, the council shall, at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, and the day and hour of such sale, and shall cause such resolution to be entered in the minutes, and shall cause notice of such sale to be published for fifteen days in at least one newspaper pub- lished 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 pro- posals 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 ap- pointed, shall open the proposals and award the purchase of the bonds to the highest bidder, but may reject all bids. § 31. The council may sell said bonds, at not less than par value, with- out the notice provided for in the preceding section. § 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 there- from shall be made, except to pay for the construction of the sewer or sewers, for the construction of which the bonds were issued, and upon the certificate of the superintendent of streets and the city engineer that Act 3930, IS 33, 34 GENERAL LAWS. 1304 the work has been done according to the contract; provided, that after the completion of the sewers, for the construction of which said bonds Avere issued, if there be any money of said fund left in the treasury, the same may be transferred to the general fund, for general purposes. [Amendment approved March 15, 1887. Stats. 1887, p. 148.] § 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 pre- pared plans and specifications of said work in sections, and shall adver- tise for twenty days in at least one newspaper published in the city in which the sewer is to be constructed, and one in the city and county of San Francisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest respon- sible bidder, the council having the right to reject any and all bids. The work shall be done and the materials furnished under the supervision and to the satisfaction of the superintendent of streets and the city engineer. Part III. § 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 necessary 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 official character shall be prima facie evidence in all courts in this state of the truth of its contents. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. In all those cities where there is no city engineer the city council thereof is hereby author- ized and empowered to appoint a suitable person to discharge the duties herein laid down as those of city engineer, and all the provisions hereof applicable to the city engineer shall apply to such person so appointed. Said city council is hereby empowered to fix his compensation for such services. Second. The words "work," "improve," "improved" and "improve- ment," as used in this act, shall include all work 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 used in this act, shall in- clude 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 compensation of the person appointed by the super- intendent of streets to take charge of and superintend any of the work mentioned in section 35 of this act; also the expenses of making the as- sessment for any work authorized by 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 other matter required to be published by the provisions of this act, and of the act of which this 1305 STREETS. Act 3930, §31 is amendatory, shall be published in a daily newspaper, in cities where Buch there is, and where there is no daily newspaper, in a serai-weekly or weekly newspaper, to be desi^jnated by the council of such city, as often as the same is issued, au^ 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 newspaper printed or circulated in any such city, then such notices, resolutiong, orders or other matters 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 the publication or posting of any notice provided for herein shall be made by affidavit of the owner, publisher or clerk of the news- paper, or of the poster of the notice. No publication or notice, other than that provided for in this act, shall be necessary to give validity to any of the proceedings provided for therein. Fifth. The word "municipality" and the word "city," as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now exist- ing, and those hereafter organized, for municipal purposes. Sixth. The words "paved" or "repaved," as used in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether patented or not, which the city council shall by ordinance adopt. Seventh. The word "street," 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. Eighth. The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to include, and are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all provisions hereof applicable to the street superintendent or superintendent of streets shall apply to such person so appointed. Ninth. The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the government 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. Act 3930, §§ 35-37 GENERAL LAWS. 1306 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 inter- section to the next main street, or, when no main street intervenes, all the way to a boundary line of the city. Thirteenth. The term "one year," as used in this act, shall be deemed to include the time beginning with January first and ending with the thirty-first day of December of the same year. Fourteenth. Eeferences 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 section of this amendatory act, when it shall be construed according to the context. [Amendment approved March 23, 1907. Stats. 1907, p. 1000. In effect immediately.] § 35. The superintendent of streets in all cities having a population of fifty thousand or over shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the con- struction and improvement of each and every sewer constructed or im- proved under the provisions of this act, and of piling and capping, side- walks, or of the paving of whatever character heretofore menlioncd, in whole or in part, of one block 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 person shall be allowed for his time actually employed in the discharge of his duties such compen- sation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses, within the meaning of those words as defined by this act. [Amendment approved March 6, 1903. Stats. 1903, p. 88.] § 36. The act entitled "An act to provide for the improvement of streets, lanes, alleys, courts, places, and sidewalks, and the construction of sewers within municipalities," approved March sixth, eighteen hun- dred and eighty-three, is hereby repealed; provided, that any work or proceedings commenced thereunder prior to the passage of this act shall in nowise be affected hereby, but shall in all respects be finished and completed under said act of March sixth, eighteen hundred and eighty- three, and said repeal shall in nowise affect said work or proceedings. §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 commenced under the act of which this is amendatory shall in nowise be affected thereby, but shall in all respects be fin- ished and completed thereunder. [Amendment approved March 11, 18Q3. Stats. 1893, p. 173.] 1307 STREETS. 'Act 3930, §§ 38-40 § 38. The city council is hereby enipowerod to chanjje or modify the grade of any public street, lane, alley, place, or court, and to regvade or repave the same, so as to conform to such modified grade, in the manner as hereinafter provided. 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, repaying, sewering, sidewalking, or curbing of said street or portion of street, with the same or other material with which it was formerly graded, paved, sewered, sidewalked, or curbed; and that the cost of the same shall also be assessed upon the same district which is declared to be benefited by such changed or modified grade. One or more streets or blocks of streets may be embraced in the same ordinance or resolution. Such ordinance or resolu- tion 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 designated in such ordinance or resolution. Such publication shall be made in every regular issue of such paper for not less than ten days, and shall describe the proposed change or modification of grade or regrading, and shall designate and establish the district to be benefited by such change or modification of grade or regrading, and to be assessed for the cost of the same. Within five days after the first publication of the ordinance or resolution of intention, the superintendent of streets shall cause to be conspicuously posted within the district designated in the ordinance of resolution, notice of the passage of said resolution. Said notices shall be the same in all requirements of contents and posting as the "Notices of Street Work" provided for in section 3 of the original act to which this is amendatory. If no objection to said proposed change or changes, or modifications of grade, shall be filed with the clerk of the council within thirty days from the first publication of the ordinance or resolution of intention hereinbefore mentioned, the city council shall have power to declare such grades to be changed and established in con- formity to said ordinance or resolution; provided, that no change of an established grade shall be ordered except on petition of flie owners of a majority of the property affected by the proposed change of grade. [En. 3891, p. 116. Kep. 1893, p. 33; amended 1893, p. 89.] § 39. Within thirty days after the first publication of said notice, any person owning property fronting upon said portions of the street or streets where such change of grade is made, may file a petition with the clerk of the city council showing the fact of such ownership, the description and situation of the property ciaimed to be damaged, its market value, and the estimated amount of damages over and above all benefits which the property would sustain by the proposed change if completed. Such petition shall be verified by the oath of the petitioners or their agents. [En. 1891, p. 116. Eep. 1893, p. 33; amended 1893, p. 90.] § 40. Whenever such petition or petitions have been filed, the mayor, surveyor, and superintendent of streets of the city, or city and county. Act 3930, §§41-45 GENERAL LAWS. 1808 acting as a board of commissioners, shall assess the benefits, damages, and costs of the proposed change of grade upon each separate lot of land situated within such assessment district, as said lot appears of record upon the last city, or city and county assessment-roll. [En. 1891, p. 116. Eep. 1893, p. 33; amended 1893, p. 90.] § 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. [En. 1891, p. 116. Eep. 1893, p. 33; amended 1893, p. 90.] §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 administer. [En. 1891, p. 116. Eep. 1893^ p. 33; amended 1893, p. 90.] §43. The commissioners having determined the damage which would be sustained by each petitioner, in excess of all benefits, shall proceed to assess the total amount thereof, together with the costs, charges, and expenses of the proceedings, upon the several lots of land benefited within the district of assessment, so that each of the lots shall be assessed in accordance with its 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 be required. [En. 1891, p. 116. Eep. 1893, p. 33; amended 1893, p. 90.] §44. The commissioners shall make their report, in writing, and shall subscribe to the same and file with the city council. In their said report they shall describe separately each piece of property which will sustain damage, 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 sufiicient. In designating the lots to be assessed, reference may be had to a diagram of the property in the district afliected; such diagram to be attached to and made a part of the report of the commissioners. [En. 1891, p. 116. Eep. 1893, p. 33; amended 1893, p. 90.] §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 improvements, or particulars of their interest, shall not affect the validity of the assessment. On the filing of said report, the clerk of said city council shall give notice of such filing by the publication of at least ten days in one or more daily newspapers published and circulated in said city; or if there be no daily newspaper, by three successive issues in a weekly or semi-weekly news- paper so published and circulated; and said notice shall require all 1309 STREETS. Act 3930, § 46 persons interested to show cause, if any, why such report should not be confirmed, before the city council, on a day to be fixed by the city council and stated in said notice, which day shall not be less than twenty days from the first publication thereof. [Amendment approved March 9, 1893. Stats. 1893, p. 91.] § 46. All ob.iections 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 coun- cil, which shall fix a time for hearing the same; of which time the clerk shall notify the objectors in the same manner as are notified objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned, the city council shall hear such objections and pass upon the same, and at such time shall proceed to pass upon such report, and may confirm, correct, or modify the 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 assessing upon the district the cost of regrading or repaying such street or streets to such changed or modified grade, after the report of the commissioners as to the damages caused by such change of grade has been passed upon by the city council, it shall then advertise for bids to perform the work of regrading, repaving, 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, side- walked, or curbed; first causing a notice, with specifications, 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 proposals and referring to tlie specifi- cations 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 3 of the original act to which this is amendatory. All proposals or bids offered shall be accompanied by a check, payable to the order of the mayor of the city, and certified by a 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 sureties, who shall justify under oath in double said amount over and above all statutory exemptions. Said proposals or bids shall be deliv- ered to the clerk of the said city council, and said council shall in open session, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by a check or a bond satisfactory to the council. The city council may reject any and all bids, and may award the contract to the lowest responsible bidder, which award shall be approved by the mayor or the three-fourths vote of the city council. If not approved by the mayor or the three-fourths vote of the city council, the city council may readvertise for proposals or bids for the performance of the work, as in the first instance, and Act 3930, §§ 47-49 GENERAL LAWS. 1310 thereafter proceed in the manner in this section provided. All checks accompanying bids shall be held by the clerk until the bearer has en- tered 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 contracts shall be published and posted in the same manner as hereinbefore provided for the posting of proposals for said work, [Amendment approved March 9, 1893. Stats. 1893, p. 91.] § 47. After such contract has been awarded and entered into, the clerk of the city council shall certify to the city council that fact, to- gether with the total amount of the cost of the same, whereupon the city council shall cause to be forwarded to the commissioners a copy of such certificate; whereupon such commissioners shall proceed to assess the cost of doing such work upon all the lots and land lying within the district to be assessed, distributing the same so that each lot will be assessed for its proportion of the same, according to the benefits it receives from the work, and in the same manner in which the damages caused by the change of grade were assessed upon the same. Such com- missioners, in making such assessment, shall show the total amount for which each lot or tract is assessed, in excess of all benefits, for the total cost of changing and modifying the grade of the street, as well as the regrading, repaving, sewering, sidewalking, and curbing of the same, and costs or damages connected therewith. The provisions of the act to which this is amendatory in regard to the mode or manner of the assess- ment of the cost of such work shall not apply to the work herein con- templated; neither shall the provisions of the same in regard to the issuing of bonds to represent the cost of the same, nor the provisions in regard to the right of protest against the work. [Amendment approved March 9, 1893. Stats. 1893, p. 92.] § 48. The clerk of said city council shall forward to the street super- intendent 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. Immediately upon receipt thereof by the street superintendent, the assessment therein contained shall become due and payable, and shall be a lien upon all the property contained or described therein. [Amend- ment approved March 9, 1893. Stats. 1893, p. 93.] § 49. The superintendent of streets shall thereupon give notice, by publication for ten days in one or more daily newspapers published and circulated in said city, or city and county, or two successive insertions in a weekly or semi-weekly newspaper so published and circulated, that- he has received said assessment-roll, and that all sums levied and assessed in said assessment-roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the 1311 STREETS. Act 3930. § 49 date of the first publication of said notice. Said notice shall also con- tain a statement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of such delinquent assessment, together with the cost of advertising each delinquent assessment will be added thereto. When payment of any assessment is made to said super- intendent of streets, he shall write the word "Paid" and the date of payment opposite the respective assessment so paid, and the name of the persons by or for whom said assessment is paid, and shall give a receipt therefor. On the expiration of said thirty days, all assessments then unpaid shall be and become delinquent, and said superintendent of streets shall certify such fact at the foot of said assessment-roll, and shall add five per cent to the amount of each assessment so delinquent. The said superintendent 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 separatelj' assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of such sale herein provided for, no assessment shall be received, unless at the same time the five per cent added to as aforesaid, together with the costs of advertising then already incurred, shall be paid there- with. 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 newspapers published and circu- lated in such city, or by at least two insertions in a weekly newspaper so published and circulated before the day of sale for such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment-list, and the place must be in or in front of the office of said 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 superintendent of streets shall, if there is no redemption, 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 reference 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 property for delinquent assessments hereunder, including the issuance of certificates and execution of deeds. The deed of the street superintendent, made after such sale, in case of failure to re- deem, 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 col- lected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designat- ing each fund by the name of the street, square, lane, alley, court, or Act 3930, §§ 50, 51 GENERAL LAWS. 1312 place for the change of grade for 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. [Amend- ment approved March 9, 1893. Stats. 1893, p. 93.] § 50. When sufficient money is in the hands of the city treasurer, in the fund voted for the proposed work or improvement, to pay the total cost for damages, as well as for the cost of doing the work, and all other expenses connected therewith, it shall be the duty of the commis- sioners to notify the owner, possessor, or occupant of the premises dam- aged, and to whom damages have been awarded, that a warrant has been drawn for the payment of the same, which can be received at the office of such commissioners. Such notification may be made by de- positing a notice, postage paid, in the postoffice, addressed to his last known place of residence. If, after the expiration of three days after the service or deposit of the notice in the postoffice, he shall not have applied for such warrant, the same shall be drawn and deposited with the city treasurer, to be delivered to him upon demand. [Amendment approved March 9, 1893. Stats. 1893, p. 94.] §51. If the owner of any premises damaged neglects or refuses, for ten days after the warrant has been placed in the hands of the city treasurer, subject to his demand, to accept the same, the city council may cause proceedings to be commenced, in the name of the city, to condemn said premises, as provided by law under the right of eminent domain. The ordinance or resolution of intention shall be conclusive evidence of the necessity of the same. Such proceedings shall have pre- cedence, so far as the business of the court will permit, and any judg- ment for damages therein rendered shall be payable out of the special fund in the treasury for that purpose. At any time after the trial and judgment entered, or pending appeal, the court may order the city treas- urer to set apart in the city treasury a sufficient sum from said fund to answer the judgment, and thereupon may authorize or order the munici- pality to proceed with the proposed work or improvements. In case of a deficiency in said fund to pay the whole assessed judgment and dam- ages, the city council may, in its discretion, order the balance thereof to be paid out of the general fund of the treasury, or to be distributed by the commissioners over the property assessed by a supplementary assessment; but in the last named case, in order to avoid delay, the city council may advance such balance out of any available fund in the treasury, and reimburse the same from the collection of assessments. The treasurer shall pay such warrants in the order of their presentation; provided, that warrants for damages and for costs of performing the work shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money remains in the fund to pay all warrants of the first class before paying any of the second. The provisions of section 1251 of the Code of Civil Procedure, requiring the payment of damages within thirty days after the entry of judgment, shall not apply to damages rendered in proceedings under this act. [Amendment approved March 9, 1893. Stats. 1893, p. 95.] 1313 STREETS. Act 8930. 8 § 52-56 § 52. All other provisions contained in the act to which this is amenda- tory, and which provisions 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 progress, be continued under this act by resolution of the city council. The said work or improvement may then be conducted under the provisions of this act, with full force and effect in all respects from the stage of such pro- ceedings at and from which such resolution or ordinance shall declare the intention to have such work done or improvement cease under such other acts or ordinances and continued under this act; and from such election so made all proceedings theretofore had are hereby ratified, confirmed, and made valid, and it shall be unnecessary to renew or con- duct over again any proceedings prior to the passage of this act. [Amendment approved March 9, 1893. Stats. 1893, p. 95.] § 53. The provisions of this act shall be liberally construed to permit the objects thereof. [Amendment approved March 9, 1893. Stats. 1893, p. 96.] §§ 54, 55. No sections of these numbers. § 56. When the work prescribed by the resolution of intention is exclusively sidewalk or curbing work with or without such grading as is incidentally necessary to the doing of such sidewalk or curbing work, and no proposals or bids for doing the work are delivered to the clerk, as invited by the notice inviting the same, as provided for in section 5 of this act, the city council may, in its discretion, by a vote of three- fourths of its members in the affirmative, direct that a proposal or bid in the name and on the part of the city be filed, whereupon the contract for doing the work shall be awarded to the city, and the city shall thus be and become the "contractor" within the meaning of this act. And when the time has expired within which, as provided in said section 5 of this act the owners may elect to take the contract, shall have ex- pired, and such owners have not so elected, the city shall be deemed to have undertaken to do and complete the work, at the price named, in such bid or proposal, within ninety days after the time when as afore- said it is to be deemed to have undertaken the same, and to begin such work within fifteen days after said time. The city need not enter into a contract with the superintendent of streets, as provided in section 6 of this act, nor give any cheek or bond either upon bidding or to secure the performance of the work or payment for labor or materials. The warrant provided for in section 9 of this act shall be delivered to the clerk of the city council, and such clerk is hereby authorized to make on the part of the city the demand provided for in section 10 of this act. Except as in this section expressly provided otherwise, all and singular the provisions of this act shall apply in the case where the city, under the provisions of this section, becomes the contractor, that is Gen. Laws — 83 Act 3931 GENERAL LAWS. 1814 to say, undertakes to do the work. And all the rights, dues and remedies of the "contractor," under the provisions of this act, shall accrue to the city in its character of one undertaking to do the work, as provided in this section. [New section approved March 18, 1909. Stats. 1909, p. 399. In effect immediately.] ACT 3931. An act to provide for laying out, opening, extending, widening, straight- ening, diverting, curving, contracting, or closing up, in whole or in part, any street, square, lane, alley, court, or 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.] The code commissioners say of this act: "Probably unconstitutional: Darcy T. Mayor of San Jose, 104 Cal. 642; Pasadena v. Stimson, 91 Cal. 258." Citations. Cal. 140/360. §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 inhabitants, shall have full power to order, and upon the petition of the owners of a majority of the frontage to be taken for said purpose shall order, the opening, extending, widening, straightening, diverging, curving, contracting, or closing up, in whole or in part, of any street, square, lane, alley, court, or place within the bounds of such city, and shall condemn and acquire any and all lands necessary or convenient for that purpose. §2. Before ordering any work to be done or improvement made, which is authorized by section 1 of this act, the city council shall then pass a. resolution declaring the intention to do said work, describing the work or improvement, and the land deemed necessary to be taken therefor, 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. § 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work or improvement, and not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notices shall be headed, "Notice of Public Work," in letters not less than one inch in length, shall be in legible characters, state the fact of the passage of the resolution, its date, and, briefly, the work of improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice similar in substance to be published for a period of ten days in one or more daily newspapers published and circulated in said city, and designated by said' city council; or if there is no daily newspaper so published and circulated in said city, then by four successive insertions in a weekly or semi-weekly newspaper so published, circulated, and designated. 1315 STREETS. Act 3931, §§ 4-6 § 4. Any person through whose lands said proposed street extension runs, or who will be damaged or affected by said proposed work, may, within ten days after the first publication of said notice, file with the clerk of the city council his written objections thereto, stating in what manner and to what extent he will be damaged, which 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 coun- cil, after the expiration of said ten days, lay said objections before said city council, which shall fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice of said city, postage prepaid, addressed to such objector. §5. At the time specified, or to which the hearing may be adjourned, the city council shall hear the objections filed, and if the owners of a majority of the frontage of all lands to be assessed for benefits, as said owners appear on the last preceding annual assessment-roll for state and county taxes, object, in writing, to said proposed opening, extending, and widening, straightening, 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. Proceedings may be again commenced by a new resolution of intention. If the owners of a majority of the frontage of all streets within the assessment district do not object, in writing, thereto, within the time specified in this act, the city council shall be deemed to have acquired jurisdiction to order any of the work to be done or improvements to be made which is authorized by section 1 of this act. § 6. Having acquired jurisdiction, as provided in the preceding sec- tion, the city council shall order said work to be done, and, unless the proposed work is for closing up, and it appears that no assessment is necessary, shall appoint three disinterested persons, who shall constitute a board of commissioners in that regard, who shall have full supervision of the proposed work or improvement until the completion thereof in compliance with this statute. For their services they shall each receive, as compensation, not to exceed five dollars for every day of actual serv- ice; provided, that said compensation shall not be paid for a longer term than six months for each district, unless extended by the council. Such extension shall not exceed two months at one time, nor shall the term of office 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 of improvement. Each of said com- missioners 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 coaneil may at any time remove any or all of said commissioners for cause upon reason- able notice and hearing, and may fill any vacancies occurring among them for any cause. At the end of the terms of said commissioners, they shall hand over all unfinished business to the city council, who shall complete Act 3931, §§ 7-9 GENERAL LAWS. 1318 the same. In all municipalities where there is a board of public works, such board shall constitute the board of commissioners in this section provided for, and shall perform the duties of such commissioners, and their salaries as members of the board of public works shall be in full compensation for such services. It shall be the official duty of the city attorney to render said commissioners all necessary legal services; pro- vided, 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. §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 assistance as shall be provided them by the city coun- cil, the salaries and fees of whom shall be established and fixed by said city council. §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 pay- ments, as well for the land and improvements taken or damaged, and for the charges and expenses, shall be paid by the city treasurer, upon war- rants drawn upon said fund from time to time, signed by said commis- sioners, or a majority of them. All such warrants shall state whether they are issued for land or improvements taken or damaged, or for charges and expenses, and that the demand is only payable out of the money in said fund, and in no event shall the city be liable for the failure to collect any assessment made by virtue hereof, nor shall said warrant be payable out of any other fund, nor a claim against the city. § 9. Said commissioners shall proceed to view the lands described in the resolution of intention, 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 improvement and property affected, and also the amount or the expenses incident to said work or improvement, and having deter- mined the same, shall proceed to assess the same upon the lands described in said district herein provided. The lands fronting on said extension or widening shall only be 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 grading to be done, and their location on the grades of said street or im- provement; and the expenses of grading said lots or lands, whether filling or cutting shall be necessary to place them on the grade of said street HIT STREETS. Act 3931, §§ 10-14 or improvement, shall be estimated in determinirg the value of the land, and the damage to the improvement and property affected. § 10. Said commissioners, having made their assessment of benefits and damage, shall, with all diligence, make a written report thereof, to the city council, and shall accompany their report with a plat showing the land taken, or about to be taken, for the work or improvement, and the lands assessed, showing the relative location of tach district, block, lot, or portion of lot, and its dimensions, so far as the commissioners can reasonably ascertain the same. Each block and lot, or portion of lot, taken or assessed, shall be designated and described in said plat 'sy an appropriate number, and reference to it by such descriptive number shall be a sufficient description of it in any suit entered to condemn and in all respects. When the report and plat are approved by the city council, a copy of said plat, appropriately designated, shall be filed by the clerk thereof in the office of the recorder of the county, §11. Said report shall specify each lot, subdivision, or piece of prop- erty 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 known to such commissioners, and the particulars of their interests, so far as the same can be ascertained, and the amount of value or damage, or the amount assessed, as the case may be. § 12. If in any case the commissioners find conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any lot of land, or of any improvements thereon, or any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or the condemnation of the property to be taken. § 13. Said report and plat shall be filed in the clerk's office of the city council, and thereupon the clerk of said city council shall give notice of such filing by publication for at least ten days in one or more daily newspapers published and circulated in said city; or if there be no daily newspaper, by three successive insertions in a weekly or semi-weekly newspaper so published and circulated. 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 thereof, and stated in said notice, which day shall be not less than thirty days from the first publication thereof. § 14. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the city council, which shall fix a time for hearing the same, of which the clerk shall notify the objectors in the same manner as objectors to the original resolution of intention. At the time set, or at such other time as the Act 3931, 15 15, 16 GENERAL LAWS. 1318 hearing may be adjourned to, the city council shall hear such objections and pass upon the same; and at such time, or if there be no objections at the first meeting after the day set in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct or modify, 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. § 15. The clerk of said city council shall forward to the street super- intendent of the city a certified copy of the report, assessment, and plat as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment-roll, and thirty days after such filing shall bcome a lien on the property assessed therein, for its proportion of the costs of said improvement as hereinbefore provided. § 16. The superintendent of streets shall thereupon give notice by publication for ten days in two daily newspapers published and cir- culated in said city and county, or by two successive insertions in a weekly or seiwi-weekly newspaper so published and circulated, that he has received said assessment-roll, and that all sums levied and' assessed in said assessment-roll are due and payable immediately, and that the pay- ment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also contain a statement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, to- gether with the cost of advertising each delinquent assessment, will be added thereto. When payment of any assessment is made to said super- intendent of streets, he shall write the word "Paid" and the date of pay- ment opposite the respective assessments so paid, and the names of per- sons by or for whom said assessment is paid, and shall, if so required, give a receipt therefor. On the expiration of said thirty days, all assess- ments then unpaid shall be and Isecome delinquent, and said superin- tendent of streets shall certify such fact at the foot of said assessment- roll, and shall add five per cent to the amount of each assessment so delinquent. The said superintendent of streets shall, within five days from the date of said delinquency, proceed to advertise and collect the various sums delinquent and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land separately assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of said sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as afore- said, together with the cost of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments shall be published i 1319 STREETS. [ict 3931, §§ 17, 18 daily for five days in one or more daily newspapers published and cir- culated in such city, or by at least one insertion in a weekly newspaper 80 published and circulated, before the day of sale of such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment-list, and the place must be in or in front of the office of said superintendent of streets. All property sold shall be subject to redemption in the same time and manner as in sales for delinquent state and county taxes; and the super- intendent of streets may collect for each certificate fifty cents, and for each deed one dollar. AH provisions of the law in reference to the sale and redemption of property for delinquent state and county taxes in force at any given time shall also then, so far as the same are not in conflict with the provisions of this act, be applicable to the sale and re- demption 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 here- under and of title in the grantee. It shall be conclusive evidence of the necessity of taking or damaging the lands taken or damaged, and of the correctness of the compensation awarded therefor. The superintendent of streets shall, from time to time, pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designating such fund by the name of the street, square, lane, alley, court, or place for the widening, opening, or other improvement of which the as- sessment 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. § 17. When sufiicient money is in the hands of the city treasurer, in the fund devoted to the proposed work or improvement, to pay for the land or improvements taken or damaged, and when, in the discretion of the commissioners, or a majority of them, the time shall have come to make payments, it shall be the duty of the commissioners to notify the owner, pos- sessor, or occupant of any land or improvements thereon to whom damages shall have been awarded that a warrant has been drawn for the payment of the same, and that he can receive such warrant at the office of such commissioners, upon tendering a conveyance of any property to be taken; such a notifi- cation, except in the case of unknown owners, to be made by depositing a notice, postage paid, in the postoffiee, addressed to his last known place of abode or residence. If, at the expiration of thirty days after the deposit of such notice, he should not have applied for such warrant and tendered a conveyance of the land to be taken, the warrant so drawn shall be deposited with the county treasurer, and shall be delivered to such owner, possessor, or occupant, upon tendering a conveyance as aforesaid, unless judgment of condemnation shall be had, when the same shall be canceled. § 18. If any owner of land to be taken neglects or refuses to accept the warrant drawn in his favor, as aforesaid, or objects to the report as Act 3931, §§ 19-21 GENERAL LAWS. 1320 to the necessity of taking his land, the commissioners, with the approval of the city council, may cause proceedings to be taken for the condemna- tion 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 dam- age and condemn the said lands, or an easement therein, as the case may be, without setting forth the proceedings herein provided for, and the resolution and ordinance ordering said work to be done shall be con- clusive evidence of such necessity. Such proceedings shall be brought in the name of the municipality, and have precedence, so far as the busi- ness of the court will permit; and any judgment for damages therein rendered shall be payable out of such portion of the special fund as may remain in the treasury, so far as the same can be applied. At any time after trial and judgment entered, or preceding an appeal, the court may order the city treasurer to set apart in the city treasury a sufficient sum from the fund appropriated to the particular improvement, to answer the judgment and all damages, and thereupon may authorize and order the municipality to enter upon the land and proceed with the proposed work and improvement. In case of a deficiency in said fund to pay the whole of said judgment and damages, the city council shall order the balance thereof to be paid out of the general fund of the treasury. § 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before paying any of the second, § 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 in- stitute proceedings to acquire the land as in this act provided, or other- wise, or may authorize the commissioners to purchase the same, and in- clude the cost thereof in a supplementary assessment as provided in the last section. § 21. 1. The words "work" and "improvement," as used in this act, shall include all work mentioned in section 1 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 re- quired to 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 newspaper, in three of the most public places in such city. Proof of the publication of posting of any notice provided for herein shall be made by affidavit of the owner, publisher, or clerk of the news- paper, or of the poster of the notice. 3. The word "municipality" and the word "city" shall be understood and so construed as to include all corporations heretofore organized and now existing, or hereafter organized, for municipal purposes. 4. The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to include. 1821 STREETS. Act 3931, §§ 22, 23 and are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof, in any city. In all those cities where there is no street superin- tendent or superintendent of streets, the city council thereof is hereby luithorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintend- ent 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 person or officer who shall be clerk of said city council. 7. The term "treasurer" or "city treasurer," as used in this act, shall include anj"^ person or officer who shall have charge and make payment of the city funds. § 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 under the provision of said act of March sixth, eighteen hundred and eighty-nine, and which commission is not within the proviso of section 23 of this act, are hereby constituted a board of audit, whose duty it shall be, upon petition of said commission, to care- fully examine all the accounts, bills, and expenditures, made or con- tracted for by said commission, including the salaries of the said commis- sioners; and said board of audit, or a majority of its members, is hereby authorized to audit and allow such amounts as it shall find to be just and reasonable, and report said amounts, with the items thereof and to whom payable, to the city council. Said report shall be final and conclusive as to said amounts. The city council is authorized to pass and allow and order paid to each of the persons entitled thereto, the amounts so found to be due, in the same manner as claims and demands against such municipality are passed, allowed, and ordered paid. The payment of said amounts shall be provided for in the tax levy thereafter made by said city council, and when said taxes are collected the said amounts shall be paid out of the general fund of said municipality in the same naanner as other claims and demands are paid. § 23. The act approved March sixth, eighteen hundred and eighty- nine, entitled "An act for opening, widening, and extending streets," etc., after the passage of this act, shall not apply to any city or city and county having a population of forty thousand inhabitants or over; but as to any city or city and county having a population of forty thousand or over said act shall not apply; but said cities and cities and counties shall be subject only to the provisions of this act in all matters embraced within the purview of this act; provided, however, that the present city council or other governing body of any municipality of forty A.ct 3932 GENERAL LAWS. 1322 thousand inhabitants or over shall have power, by a three-fourths vote of its members, to extend the life of any existing commission until its work shall have been completed as in said act provided; but in all other cases in cities or cities and counties of forty thousand inhabitants or Over, the assessments, plats, and reports filed by said commissioners are declared to be null and void, and all moneys collected under the pro- visions 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 col- lected, 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 con- veyed to the municipality, under the provisions of said act of March sixth, eighteen hundred and eighty-nine, more than one-half of the land necessary,^ f or said improvements, as shown by the report and plat on file, then s'aid streets, and the improvement thereof, shall not be affected by this act, but the same shall be completed as commenced. § 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. ACT 3932. An act to provide a system of street improvement bonds to represent certain assessments for the cost of street work and improvement •within municipalities, and also for the payment of such bonds. [Approved February 27, 1893. Stats. 1893, p. 33.] Amended 1899, p. 40. Citations. Cal. 106/158; 126/444, 446, 448; 130/211, 213, 214; 138/123, 125; 144/379; 146/356, 368, 374; 154/7, 7. App. 3/664, 665. "Amended 1899, p. 40. Unconstitutional, in so far as it undertakes to make the bonds, conclusive evidence. (Ramish v. Hartwell, 126 Cal. 443; Chase v. Trout, 146 Cal. 350, 356). See also German Savings etc. Society ▼. Ramish, 138 Cal. 120." — Code Commissioners' Note. § 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 thereto; and wherever in this act the name of any municipal body or officer is used, or any word or phrase is used which is not herein expressly defined, it means and shall be taken to mean such municipal body or officer, or word or phrase, as the same is expressly defined in said street work act, and in all acts amendatory thereof or supplementary thereto. § 2. Whenever the city council of any municipality in this state shall find, upon estimates of the city engineer, that the cost of any proposed work or improvement authorized by said street work act will be greater 1323 STREETS. Act 3932, 5§ 3, 4 than fifty cents per front foot along each line of the street so proposed to be improved, including the cost of intersection work assessable upon said frontage, it shall have the power, in its discretion, to determine that serial bonds shall be issued to represent the cost of said work or im- provement, in the manner and form hereinafter provided. Said serial bonds shall extend over a period not to exceed ten years from their date, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January every year after their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the second days of January and Jul}', re- spectively, of each year, at the rate of not to exceed ten per cent per annum on all sums unpaid, until the whole of said principal and interest are paid. Said bonds and interest thereon shall be paid at the office of the city treasurer of said municipality, who shall keep a fund desig- nated by the name of said bonds, into which he shall receive all sums paid him for the principal of said bonds and the interest thereon, and from which he shall disburse such sums, upon the presentation of said coupons; and under no circumstances shall said bonds or the interest thereon be paid out of any other fund. Said city treasurer shall keep a register in his office, which shall show the series, number, date, amount, rate of interest, payee and indorsees of each bond, and the number and amount of each coupon or principal or interest paid by him, and shall cancel and file each coupon so paid. [Amended March 2, 1899. Stats. 1899, p. 40.] § 3. When said city council shall determine that serial bonds shall be issued to represent the expenses of any proposed work or improvement under said street work act, it shall so declare in the resolution of inten- tion to do said work, and shall specify the rate of interest which they shall bear. The like description of said bonds shall be inserted in the resolution ordering the work, in the resolution of award, and in all notices of said proceedings required by said street work act to be either posted or published; and also a notice that a bond will issue to repre- sent each assessment of twenty-five dollars or more remaining unpaid for thirty days after the date of the warrant, or five days after the decision of said council upon an appeal, and describing the bonds, shall be included in the warrant provided for in section 9 of said street work act. [Amended March 2, 1899. Stats. 1899, p. 40.] § 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 11 of said street work act, then five days after the final decision of said council, and after the street superintendent shall have recorded the return, as provided in section 10 of the same act, the street super- intendent shall make and certify to the city treasurer a complete list of all assessments unpaid, which amount to twenty-five dollars or over, apon any assessment or diagram number; and said treasurer shall there- upon make out, sign, and issue to the contractor, or his assigns, payee of the warrant and assessment, a separate bond, representing upon each Act 3932, S 4 GENERAL LAWS. 1324 lot or parcel of land upon said list the total amount of the assessments against the same, as thereon shown. And if said lot or parcel of land is described upon said assessment and diagram by its number or block, or both, and is also designated by its number or block, or both, upon the official map of said municipality, or upon any map on file in the office of the county recorder of the county in which said municipality is situ- ated, 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 following form: Street Improvement Bond. Series (designating it), in the city (or other form of the municipal- ity) of (naming it). $ To* No. . Under and by virtue of an act of the legislature of the state of Cali- fornia (title of said act), I, out of the fund for the above designated street improvement bonds, series , will pay to , or order, the sum of dollars ($ ) with interest at the rate of per cent per annum, all as is hereinafter specified, and at the office of the treasurer of the of , state of California. This bond is issued to represent the cost of certain street work upon , in the of , as the same is more fully described in assessment number , issued by the street superintendent of said , after his 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 numbered therein, and in the diagram attached thereto, as number , and which now remains unpaid, but until paid, with accrued interest, is a first lien upon the property affected thereby, as the same is described herein, and in said recorded assessment with its diagram, to wit: the lot or parcel of land in said of , county of , state of Cali- fornia, . This bond is payable exdlusively from said fund, and neither the municipality nor any officer thereof is to be holden for payment other- wise of its principal or interest. The term of this bond is years from its date, and at the expiration of said time the whole sum then unpaid shall be due and payable; but on the second day of January of each year after its date an even annual proportion of its whole amount is due and payable, upon presentation of the coupon therefor, until the whole is paid, with all accrued interest at the rate of per centum per annum. The interest is payable semi-annually, to wit: on the second days of January and of July in each year hereafter, upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi-annual interest, except the last, which is for interest from the gemi-annual payment next preceding and to the date of the final maturity of this bond. 1325 STREETS. Act 3932, § 4 Should default be made in the annual payment upon the principal, or in any payment of interest from the owner of said lot or parcel of land, or any one in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and to have said lot or parcel of land advertised and sold forthwith, in the manner provided by law. At said of this day of , in the year one thousand hundred and City treasurer of the of . Provided, that in case the amount of unpaid assessments upon any lot or parcel of land shall be less than twenty-five dollars, then the same shall be collected as is hereinbefore provided in part one of said street work act. Provided, also, that if any person, or his authorized agent, shall at any time before the issuance of the bond for said assessment upon his lot or parcel of land present to the city treasurer his afiS.davit, 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 assigns, shall retain his right for enforcing collection as if said lot or parcel of land had not been so listed by the street superintend- ent. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is hereinbefore described, and shall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual coupons attached thereto, payable in annual order, on the second day of January in each year after the date of the bond, until all are paid, and each coupon shall be for an even annual proportion of the principal of the bond. They shall have semi-annual interest coupons thereto attached, the first of which shall be payable upon the second day of January or July, as the case may be, next after its date, and shall be for the interest ac- crued at that time, and the last of which shall be for the amount of interest accruing from the second day of January or July, as the case may be, next preceding the maturity of said bonds to the maturity thereof. The city treasurer shall, in addition to his other duties in the premises, report all coupon payments of principal upon said bonds to the street superintendent, who shall forthwith indorse the same upon the margin of the record of the assessment to the credit of which the same is paid, and said assessment shall be a first lien upon the property affected thereby until the bond issued for the payment thereof, and the accrued interest thereon, shall be fully paid. Said bonds, by their issu- ance, shall be prima facie evidence of the regularity of all proceedings thereto under said street work act and this act, previous to the making Act 3932, § 5 GENERAL LAWS. 1326 of the certified list of all assessments unpaid to the amount of twenty- five dollars or over by the street superintendent, to the city treasurer, and of the validity of said lien, up to the date of said list. [Amended March 2, 1899. Stats. 1899, p. 41.] § 5. Whenever, through the default of the owner of any lot or par- cel of land to represent the assessment upon which such bond has been, or may hereafter be, issued, any payment, either upon the principal, oi of the interest, has not been, or shall not be made when the same has become, or shall become due, and the holder of the bond thereupon demands, in writing, that the said city treasurer proceed to advertise and sell said lot or parcel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day following shall become delinquent. Subdivision a. Upon the application of the holder of any bond that is now or shall hereafter become delinquent as provided in this section, the said city treasurer shall publish for two weeks in a newspaper of general circulation, to be designated by him, published in the city where his ofiice is situated, a notice which must contain the date, number, and series of the delinquent bond, a description of the property mentioned in said bond, and the name of the owner of such property (if known), and if unknown, the fact shall be so stated, the amount due therrou, and a statement that unless the amount of said bond and the interest due thereon, together with the cost of publication of such notice are paid, the real property described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty days from the day of the first publication of said notice, and the place of such sale, which must be the office of the said city treasurer. Subdivision b. The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affidavit of the publisher of such newspaper, or some one in his behalf, attached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publication and the date of each appearance in which such publica- tion was made — which affidavit is primary evidence of all the facts stated therein. Subdivision c. The city treasurer must collect, in addition to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certificate of sale, as hereinafter provided. Subdivision d. At any time prior to the sale, the owher or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner, or person in possession, or by some one in behalf of such owner, or person in possession, the property subject thereto shall be sold as herein provided. 1327 STREETS. Act 3932, § 5 Subdivision f. The city treasurer, before delivering any certificate, must, in a book kept in his office for that purpose, enter the date, num- ber, and series of the bond, a description of the land sold corresponding with the description of the certificate, the date of sale, purchasers' name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours when not in actual use, and he shall enter 'on the record of the bond the words "Canceled by sale of the property," giving the date of such sale. Subdivision g. Immediately on the sale, the purchaser shall become vested with a lien on the property, so sold to him, to the extent of his bid, and is only divested of such lien by the payment to the city treasurer of the purchase money, including costs herein provided for, with interest thereon at the rate of one per cent per month from the date of sale. Subdivision h. A redemption of the property sold may be made by +he owner of the property, or any party in interest, within twelve months from the date of purchase, or at any time prior to the application for a deed, as hereinafter provided. Kedemption must be made in lawful money of the United States, and when made to the city treasurer he must credit the amount paid to the person named in his certificate, and pay it on demand to him or his assignees. Subdivision i. On receiving the certificate of sale, the recorder must file it, and make an entry in a book similar to that required of the city treasurer, the fee for which shall be fifty cents, and on presenta- tion of the receipt of the city treasurer for the total amount of the redemption money, the recorder must, without charge, mark the word "Redeemed," the date, and by whom redeemed, on the margin of the book where the entry of the certificate is made. Subdivision j. If the property is not redeemed within the time al- lowed by subdivision h hereof for its redemption, the city treasurer, or his successor in office, upon application of the purchaser or his as- signee, must make to said purchaser, or his assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate, and that no person has redeemed the property during the time allowed for its redemption; the treasurer shall be entitled to receive from the purchaser two dollars for making said deed, which shall be deposited in the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, or his assignee must, thirty days prior to the expiration of the time of the redemp- tion, or thirty days before his application for a deed, serve upon the owner or agent of the property purchased, if named in such certificate, and upon the party occupying the property, if the property is occupied, a written notice, stating that said property, or a portion thereof, has been sold to satisfy the bond lien, the date of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemption will expire, or when the purchaser will apply for Act 3932, 5 6 GENERAL LAWS. 1328 a deed, and the owner of the property shall have the right of redemp- tion indefinitely, until such notice shall have been given and said deed applied for, upon the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be posted in a conspicuous place upon the property at least thirty days before the expiration of the time for redemption, or thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property, until such purchaser shall have filed with such treasurer an aifidavit showing that the notice here- inbefore required to be given has been given as herein required, which said affidavit shall be filed and preserved by the said treasurer as other records kept by him in his office. Such purchaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of said affidavit, which sum of fifty cents shall be paid by rederaptioner at the time and in the same manner as the other suras, costs, and fees are paid. Subdivision k. The deed, when duly acknowledged or proved, is primary evidence of the regularity of all proceedings theretofore had, and conveys to the grantee the absolute title to the lands described therein, as of the date of the expiration of the period for redemption free of all encumbrances, except the lien for state, county, and municipal taxes. [Amended March 2, 1899. Stats. 1899, p. 43.] §6. Whenever any railroad track or tracks of any description exist 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 [are] required by law to be kept in order or repair, by any person or company having railroad tracks thereon, the said council may, at any time thereafter, order such person or company to perform upon said excepted portion the work or improvements, similar in all respects to that already ordered to be performed under the same 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 company, and to make and preserve in his office a certificate of such delivery, its date, and upon whom made. Should such person or company, for thirty days, or within such ex- tension of time as the city council may grant, thereafter refuse or neg- lect to make or have made such work or improvement in the manner or time ordered, it shall be the duty of the city council to have such work or improvement performed, and such refusal or neglect punished in the manner provided by law. Within fifteen days after receiving the certified copy of said order, such person or company may file with the clerk of said council a written assumption of the performance of said work or improvement, according to the order, or a request to the council to have such work or improvement performed, for and at the expense of such person or company, in the manner herein provided. The failure to file such instrument within said time shall be taken and deemed to 1329 • STREETS. Act 3932, S • be a refusal to comply Tvith the order. Upon reception of said assump- tion of the direct perforinanee 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 thirty days, or such further time as the council may grant, to comply with the provisions of the order. But if such person or company files the said request that the said council have such work or improvement performed, or fails to per- form said work within thirty days, or within such further time as the council may grant, then said city council may pass an ordinance of intention to perform said work, which ordinance shall specify the work to be performed, and a statement that unless within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or the street superintendent of said city shall issue bonds to represent the cost of said work, stating also that the cost of said work, in case bonds shall issue, shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same shall bear. The subsequent procedure 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 provisions of the "Street Work Act"; also in the ordinance or resolution ordering the work, advertisement for proposals, and in the contract. Whenever the person or company owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, the street superintendent shall issue to the contractor, or his assigns, bonds for the amount of such cost, which shall describe the franchise, tracks, and roadbed along or between which said work has been performed, and descj-ibing the same as upon the assessment and diagram, giving its assessment number. Such bonds shall also describe the work performed, giving the total amount of the cost of such work, the name of the owner of said railroad, the number of installments in which the cost of the work is to be paid, and the rate of interest which the deferred payments shall bear. Said bonds shall be in sums of not less than one hundred dollars or more than one thousand dollars, and shall recite that the total amount of the cost of such work, together with the interest thereon, as represented in said bonds, is, except state, county, and municipal taxes, a first lien upon all the track, roadbed, switches, and franchises of said railroad lying within the corporate limits of the city or town, on any part of which said work has been performed. Said street superintendent shall also keep a record of such bonds, as required by section 18 of the "Street Work Act." Whenever bonds have been issued, as herein provided, the same, together with the cost of such work and the interest thereon, shall be, except state, county, or municipal taxes, a first lien upon all the tracks, roadbed, switches, and franchises of said railroad within the corporate limits of the city or town, on any part of which said work has been performed. Sections 4 and 5 of this act, regarding the form, issuance, and foreclosure of street bonds, and Gen. Laws — 84 Act 3933 GENERAL LAWS. 1330 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 paving of railroads are concerned. None of the provisions of the "Street Work Act" in regard to a protest against the work shall apply to any work contemplated by this section. All provisions of the "Street Work Act" not inconsistent with the provisions hereof shall apply hereto. § 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. § 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 municipalities,' approved March eighteenth, eighteen hundred and eighty-five, by adding thereto an additional part, numbered 4, consisting of sections 38, 39, 40, 41, 42, 43, and 44, relative to a system of street improvement bonds," approved March seventeen, 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. § 9. This act shall take effect and become of force from and after its passage. ACT 3933. An act fixing and regulating the manner of sale and redemption of real property for delinquent assessments to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, diverting, curving, contracting, or closing up, in whole or in part, any street, square, lane, alky, court, or place within municipalities in this state. [Approved March 27, 1895. Stats. 1895, p. 204.] § 1. All sales, and redemptions after sale, of any real property upon which the assessment levied and assessed to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, constructing, or closing up, in whole or in part, any street, square, lane, alley, court, or place within munici- palities 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 and manner as such sales and redemption were required by law to be made and had on the first day of January, Anno Domini eighteen hundred and ninety-five. §2. All acts or parts of acts in conflict with this act are hereby repealed. 1331 STREETS. 'Act 3934 § 3. This act shall take effect and be in force from and after its passage and approval. ACT 3934. An act to provide for the improvement of public streets, lanes, alleys, courts and places in municipalities, in cases where any damage to private property would result from such improvement, and for tlie assessment of the costs, damages and expenses thereof upon the property benefited thereby. [Approved April 21, 1909. Stats. 1909, p. 1042.] Street improvements. Damage to private property. § 1. Whenever the public interest or convenience may require, the legislative body of any city, after having by ordinance or resolution established or changed or modified the grade of any public street, lane, alley, court or place in said city, or any portion thereof, is hereby empowered, in any ease where in the opinion of said legislative body any damage to private property would result from the improvement thereof, to order the whole, or any part, either in length or width, of such public street, lane, allej^, court or place, to be improved to con- f(.»rm to such official grade by grading or regrading, paving or repav- ing, planking or replanking, macadamizing or remacadamizing, piling or repiling, capping or recapping, graveling or regraveling, oiling or re- oiling, sewering or resewering, sidewalking or residewalking, curbing or recurbing, or guttering or reguttering, or by the building of storm water ditches or channels or breakwaters, leeves, walls of rock or of other material to protect the same from overflow or injury, or by con- structing manholes, culverts, bridges, cesspools, tunnels or cross-walks, or by the doing of any other work which shall be necessary to complete the whole or any portion of said public street, lane, alley, court or place, under the proceedings hereinbefore provided, and in accordance with plans and specifications prepared by the city engineer of said city, and approved by the legislative body thereof. Resolution of intention. § 2. Before ordering any improvement described in section 1 hereof, the said legislative body shall pass an ordinance or resolution declaring its intention so to do, and that in its opinion damage to private property would result from such improvement, describing the proposed improve- ment, fixing a time and place for the hearing of protests in relation thereto by said legislative body, which time shall be not less than twenty nor more than thirty days from the date of the passage of said ordinance or resolution of intention, and specifying the exterior bound- aries of the district of land to be benefited by said improvement and to be specially assessed to pay the costs and expenses thereof, and the damages caused by said improvement, which shall be known as the assessment district. Said legislative body may include in one improve- ment the whole or any portion of one or more streets, lanes, alleys, courts or other public places, and any or all of the different kinds of Act 3934, §§ 3, 4 GENERAL LAWS. 1332 work mentioned in section 1 hereof, and may exclude therefrom any of said work already done to the official grade. Publication of resolution. Posting of notices. Publication of notice. § 3. Said ordinance or resolution of intention shall be conspicuouslv- posted for two days on or near the chamber door of said legislative body, and published by two insertions in a daily or weekly newspaper published and circulated in said city, and designated by said legislative body for said purpose. If no such newspaper be so published and circulated in said city, such posting of said ordinance or resolution of intention shall be sufficient. The superintendent of streets shall there- upon cause to be conspicuously posted along all streets and parts of streets within the assessment district described in the ordinance or resolution of intention, not more than one hundred feet apart, notices (not less than three in all) of the passage of said ordinance or resolu- tion. Said notices shall be headed "Notice of Street Work" in lettero not less than one inch in length, shall be in legible characters, and shall state the fact and date of the passage of said ordinance or resolution of intention and the time and place fixed for the hearing of protests, and notify. all persons interested to appear at said time and place with their objections to said improvement, if any they have, and briefly de- scribe the proposed improvement, and refer to the ordinance or resolu- tion of intention for further particulars. He shall also cause a notice of similar substance to be published for a period of five days in a daily newspaper published and circulated in said city, or if there is no such daily newspaper, then by two successive insertions in a weekly newspaper so published and circulated. If no such newspaper be so published and circulated in said city, such notice shall be also posted on or near the chamber door of the legislative body of said city, and_ in two other public places in said city. Such posting and publication must be completed at least fifteen days before the day set for the hearing of protests. Protests, must contain what. Affidavits of posting. Findings of coun- cil. Hearing of protests. § 4. At or before the time fixed for the hearing, any person interested, objecting to the proposed improvement or to the extent of the assess- ment district described in the ordinance or resolution of intention, may file a written protest with the clerk of said legislative body. Every protest must contain a description of the property in which each signer thereof is interested and set forth the nature of his interest therein and must be accompanied by the affidavit of one of the signers thereof that each signature thereto is the genuine signature of the person whose name is thereto subscribed, and in case any signature is made by an agent, there must be attached to the protest the affidavit of the agent that he is duly authorized to sign such protest. Any protest not com- plying with the foregoing requirements shall not be considered by said legislative body. The clerk shall indorse on every such protest the date of its reception by him, and at the time fixed for the hearing, or 1333 STREETS. Act 3934, § 5 at any other time to which the hearing may be adjourned, he shall pre- sent to said legislative body all protests so filed with him. Before the hearing of any protests there shall be filed with such legislative body affidavits showing that the said notices have been posted and published as hereinbefore required, and the said legislative body shall thereupon cause to be entered in its minutes an order reciting that notice of said hearing has been posted and published as required by law, and such order shall be prima facie evidence of the truth of the facts therein re- cited. If such protests are against the said improvement, and the legislative body finds that the same are signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, all further proceedings under said ordinance or resolution of- intention shall be barred, except as hereinafter pro- vided, for six months after the presentation of such protests to such legislative body, and no new ordinance or resolution of intention for the same improvement shall be passed within said six months, unless the owners of a majority of the frontage of the property fronting on the streets or parts of streets within said assessment district shall in the mean time petition that said improvement be made. If such protests are against the improvement, and the legislative body finds that they are not signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assess- ment district, or if such protests are only against the extent of the assessment district, or if the proposed improvement is the construction of sewers, manholes, culverts, cesspools, cross-walks, gutters, curbs or sidewalks, or extends for a distance of not more than one block of any street and at least one block of such street immediately adjacent thereto on both ends of the block proposed to be improved has already been improved, or extends for a distance of not more than one block at the end of a street and at least one block immediately adjacent thereto has already been improved, the legislative body shall hear said protests at said meeting, or at any time to which the hearing thereof may be continued, and pass upon the same, and its decision shall be final and conclusive. If such protests are sustained, no further pro- ceedings shall be had under said ordinance or resolution of intention, but a new ordinance or resolution of intention for the same improve- ment may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made. Jurisdiction, when acquired. §5. If no protests are filed at or before the time fixed for the hear- ing thereof by the ordinance or resolution of intention, or if protests are filed, and after hearing are denied, as above provided, the legis- lative body shall have jurisdiction to order the improvement described in the ordinance or resolution of intention. Having acquired such juris- diction, it shall by ordinance or resolution order such improvement to be made, and refer the same to the commission hereinafter provided for, to estimate the damages caused thereby, and report an assessment of Act 3934, §§ 6-8 GENERAL LAWS. 1334 said damages, and of all costs and expenses of the improvement, on the property benefited thereby. Said ordinance or resolution shall de- scribe the improvement in the same manner as the ordinance or resolu- tion of intention, and shall be published by two insertions in a daily or weeklj' newspaper published and circulated in said city, or if no such newspaper be so published and circulated, said ordinance or resolu- tion shall be posted on or near the chamber door of the legislative body, and at two other public places in said city. Commission to estimate damages. § 6. In any city having a board of public works created by its charter or by law, such board, and in other cities the mayor, city engineer or surveyor and superintendent of streets, or if all of such officers last mentioned do not exist in cities having no board of public works, any three competent and disinterested persons appointed by said legislative body, shall act as a commission to estimate the damages caused by said proposed improvement and to . assess the same, and all costs and ex- penses of said proposed improvement upon the property benefited thereby. Such commissioners, if they are appointed by said legislative body as aforesaid, shall be sworn to make the assessment of benefits and dam- ages faithfully, impartially and to the best of their ability. Said com- mission shall have power to subpoena witnesses to appear before it to be examined under oath, which any of said commissioners may admin- ister. Hearing petitions for damages. §7. Upon the passage of the final ordinance or resolution referred to in section 5 hereof, said commission shall appoint a time and place for the hearing of petitions for damages caused by said improvement, and shall cause notice of such time and place to be published for at least five days in a daily newspaper, or three times in a weekly newspaper, published in said city, or if no such newspaper is so published and circulated, then by posting for two days in three public places in said city. The time set for hearing such petition shall be not less than thirty days from the first publication or posting of such notice. Be- fore said hearing said commission shall view the location of the pro- posed improvement, and the property affected thereby. Said hearing may be continued from time to time by said commission. Claims for damages. § 8. At or before the time set for hearing of petitions for damages any person owning property, and claiming that the same will be dam- aged by said proposed improvement, shall file with the city clerk, who shall transmit the same to the commission, a petition showing the fact of such ownership, the description of the property claimed to be damaged, its market value, and the amount of damages which it is claimed such property will sustain by the proposed improvement, and the postoffice address of such petitioner, or his agent. Every such petition shall be verified by the oath of the petitioner or his agent. After considering 1335 STREETS, Act 3934, § 9 the petitions filed as hereinbefore provided, and after hearing the peti- tioners who may appear, and after viewing the location of the proposed improvement and the property aifected thereby, said commission shall proceed to determine the amount of damages, if any, which will be sus- tained by each such petitioner because of the proposed improvement. No damages or compensation whatsoever shall be allowed or awarded to the owner of any property affected by said improvement unless a petition therefor be filed as provided in this section, and any property owner who fails to file a petition for damages as hereinbefore provided, shall be deemed to have waived any and all claims for damages caused by said improvement. Proposals for doing work. Bids. Award of contract. Supervision of work. §9. Before the awarding of any contract by the legislative body for doing any work authorized by this act, said legislative body shall cause notice, with specifications, to be posted conspicuously for five days on or near the chamber door of said legislative body, inviting sealed proposals or bids for doing the work ordered, and shall also cause notice of said work inviting said proposal, and referring .to the specifications posted or on file, to be published for two days in a daily, or weekly newspaper published and circulated in said city, designated by said legislative body for that purpose, and in case there is no newspaper published in said city, then it shall only be posted as hereinbefore provided. Every bid shall be delivered to the clerk of the legislative body and shall be accompanied by a check certified by a responsible bank, amounting to ten per cent of the amount of the bid, payable to the order of the said clerk, or by a bond for the said amount, and so payable, signed by the bidder and by two sureties who shall justify before any officer compe- tent to administer an oath, in double the said amount, and over and above all statutory exemptions, and said amount shall be forfeited to the city in case the bidder depositing the same does not, within ten days after written notice that the contract has been awarded to him, enter into a contract with the city to do the work, with the bond hereinafter required, and any other bonds required by law. Said bids shall be opened by the legislative body in public session and publicly declared, and no bid shall be considered unless accompanied by said bond or said certified check. The legislative body must let the contract to the lowest responsible bidder who shall give bond for the faithful performance of the work in such sum as may be required by it, and such other bonds as may be required by law, with sureties satisfactory to said legislative body; provided, however, that the legislative body may reject any and all bids, should it deem this for the public good, and also the bid of any person who has been delinquent or unfaithful in the performance of any former contract with the city, or of any other contract let by or under the authority thereof. The contract must provide that the work shall be done under the supervision of the city engineer or surveyor, and no work shall be paid for until it has been accepted by the legislative body. Whenever the Act 3934, § 10 GENERAL LAWS. 1336 contractor desires the work or part thereof to be accepted he must make written application to that effect to the legislative body. Upon the filing of such application for acceptance, the clerk of the legislative body shall give not less than five days' notice by publication by two insertions in a daily or weekly newspaper published and circulated in the city, or by posting for two days in three public places in the city, in case no such newspaper is published and circulated therein, that at a certain time and place to be named in said notice the legislative body of the city will hear and consider any objections to the acceptance of the work, or part of the work, for the acceptance of which said con- tractor has made such application, and only after such hearing shall any work be accepted. If upon such hearing any objections to the ac- ceptance are made and are sustained by the legislative body, the legis- lative body must require the contractor to take such steps as will remove such objections; and in the event of his failure to do so within such time as the legislative body shall prescribe, the legislative body may relet such portion of the work and charge the contractor the cost thereof together with all expenses incident to said reletting, and retain the same out of any moneys due or to become due to him under the contract, and also hold him and his sureties responsible therefor upon his bond. The contract shall provide that the work must be commenced within twenty days after the contractor receives written notice from the superintendent of streets that there is sufiicient money in the special fund devoted to the proposed improvement to pay the contract price, and completed within such time as the legislative body shall prescribe. If the contractor abandons the work, or fails to proceed with the same as rapidly as required by his contract, the legislative body may relet the contract, or any portion thereof, and pay the cost of the same and also any expenses incidental to the reletting, out of any funds due or to become due the contractor, and also hold him and his sureties responsi- ble upon his bond for such cost and expenses, and also for any damages resulting from such abandonment. Upon the signing of the contract for the doing of the work, the clerk of the legislative body, if there be no board of public works in said city, shall certify to such commission the amount of the contract price. Assessment for benefits. What commission must report. § 10. The commission shall, as soon as practicable, after determining what damages will be caused by said improvement, and, after the signing of the contract for the work, assess the total amount of the damages so determined, the total amount of the contract price for the doing of such work, and the total amount of all the incidental ex- penses of such improvement, which shall include the necessary expenses and disbursements of the commission, the cost of making the assessment, and all expenses necessarily incurred by the city in connection with the proposed improvement for maps, diagrams, plans, surveys and other matters incident thereto, upon the respective lots or parcels of land in the assessment district described in the ordinance or resolution of in- 1337 STREETS. Act 3934, §§ 11, 12 tention, in proportion to the benefits to be received by such lots or parcels of land, respectively, from the said improvement, and shall make and file with the clerk of the legislative body a report in writing con- taining the following: 1. A schedule describing the lots or parcels of land belonging to each petitioner for damages and which will be damaged by said proposed improvement, stating the amount of damages to each lot or parcel as determined by the commission, and the name of the owner of each such lot or parcel of land so damaged. 2. A diagram showing the assessment district, and also the bound- aries and dimensions of the respective lots or parcels of land within said district, and each of such lots or parcels of land shall be given a separate number in red ink upon said diagram. 3. A proposed assessment of the total amount of damages that will be caused by said improvement, as determined by the commission, the total amount of the contract price for the work and the total amount of the incidental expenses thereof as above specified, upon the respec- tive lots or parcels of land in said district in proportion to the benefits to be received by such lots or parcels of land, respectively, from said improvement. Said assessment shall refer to such lots or parcels of land upon said diagram by the red ink numbers thereof, and need con- tain no other description thereof, and shall show the names of the owners, if known, otherwise designating them as unknown; but no mis- take in the name of the owner of any lot or parcel of land shall affect the validity of the assessment thereon. In case the commissioners do not all agree, a majority of the whole number may make such report. Hearing of report. § 11. Upon the filing of the report provided for in section 10 hereof, the clerk of the legislative body shall present such report to the legis- lative body, which shall fix a day for the hearing thereof by said legislative body, which day shall not be less than twenty days from the date of filing such report, and shall cause a notice of such hearing to be published by the clerk thereof, by three insertions in a daily news- paper published and circulated in said city, or if there be no daily newspaper in said city, then by two successive insertions in a weekly news- paper so published and circulated; or if no newspaper is so published and circulated, then by posting for two days in three public places in said city. Such publication shall be completed at least ten days before the date fixed for the hearing. Said notice shall state the fact that such re- port has been filed, and the date set for the hearing thereof, and require all persons interested to file with the clerk their objections, if any they have, to the confirmation of said report at or before the time fixed for the hearing. Objections. Action of legislative body on report. Assessment-roll. No- tice of assessment. § 12. Any objection to said report shall be in writing signed by the objector, or his agent, and shall comply with the requirements of see- Act 3934, §12 GENERAL LAWS. 1338 tion 4 hereof for the form and substance of protests, and shall be filed with the clerk of the legislative body at or before the time fixed for the hearing. At the time fixed, or at any other time to which the hearing may be continued, the legislative body shall hear said report and any objections thereto, and any person interested may appear and be heard upon said report and objections. After such hearing the legislative body shall pass upon the report and may confirm, modify or correct the same, or may confirm the report as modified or corrected, or order the commission to make and file a new report, which shall be heard in like manner as the first report, and after like notice of hearing. If no objections are filed, or if the ob- jections filed are not sustained, the legislative body shall confirm the report. The action of the legislative body upon said report shall be declared by resolution entered upon its minutes, and shall be final and conclusive, except as to the damages to be caused by the proposed im- provement; and when said report is confirmed, or is confirmed as modi- fied or corrected, the clerk of the legislative body shall transmit the diagram and assessment provided for in section 10 hereof, as finally confirmed, to the city tax collector. The tax collector shall thereupon record such assessment and diagram in his ofiice in a sviitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such record shall be the assessment-roll. From the date of such recording all persons shall be deemed to have notice of the contents, of such assessment-roll. Immediately upon such record- ing the several assessments contained in such assessment-roll shall be- come due and payable, and each of such assessments shall be a lien upon the property against which it is made, paramount to all other liens, except taxes and prior assessments; and such lien shall only be dis- charged by payment of the assessment or by redemption of the land after sale for delinquency. The tax collector shall, upon the recording of said assessment, give notice by publication for five days in a daily newspaper published and circulated in said city, or by two insertions in a weekly newspaper so published and circulated; or in case no such daily or weekly newspaper is so published and circulated in said city, then by posting such notice for four days in three public places in said city, that said assessment has been recorded in his office and that all sums assessed therein are due and payable immediately, and that pay- ment of the said sums must be made to him within thirty days after the date of the first publication or posting, which date shall be stated in the notice. Said notice shall also contain a statement that all assessments not paid before the expiration of the said thirty days shall become delinquent, and that thereupon five per cent upon the amount of each such assessment will be added thereto. When payment of any assessment is made the tax collector shall mark Opposite such assess- ment the word "paid," the date of payment, and the name of the person by or for whom the same is paid, and shall give a receipt therefor. Upon the expiration of said period of thirty days, all assessments then unpaid shall become delinquent, and the tax collector shall mark each such assessment "delinquent" on said assessment-roll, and add five per cent to the amount thereof. 1339 STREETS. Act 8934, §§ 13-15 Delinquent assessments, publication of. § 13. The tax collector shall within ten days from the date of such delinquency begin the publication of a list of the delinquent assess- ments, which list must contain a description of each lot or parcel of land delinquent, and opposite each description the name of the owner as stated in the assessment-roll, and the amount of the assessment and costs due, including the cost of advertisement, which cost of advertise- ment shall not exceed the sum of fifty cents for each parcel of land separately assessed. He shall append to and publish with said delin- quent list a notice that unless each assessment delinquent, together with the penalty and costs thereon, is paid, the property upon which such assessment is a lien will be sold at public auction at a time and place to be specified in the notice. Such publication must be made by five insertions in some daily newspaper published and circulated in the city, or by two insertions in a weekly newspaper so published and circulated, or, in case no such newspaper is so published and circulated in said city, such list of delinquent assessments and notice shall be posted in three public places in said city for five days. The time of sale must not be less than five days nor more than ten days after the last pub- lication of said list, or after the completion of such posting, as the case may be, and the place of sale must be in or in front of the office of the tax collector. At any time after such delinquency and prior to the sale of any piece of property assessed and delinquent, any person may pay the assessment on such piece of property together with the penalties and costs due thereon, including the cost of advertising, if such payment is made after the first publication of the list of delinquent assessments. Sale of property advertised. § 14. At the time and place fixed for the sale the tax collector must commence the sale of the property advertised, commencing at the head of the list, and continuing in numerical order of lots or parcels of land until all are sold; provided, that he may postpone or continue the sale from day to day until all the property is sold. Each lot or parcel of land separately assessed must be offered for sale separately, and the person who will take the least quantity of land and then there pay the amount of the assessment, penalty and costs due, including fifty cents to the tax collector for a certificate of sale, shall become the purchaser. In case there is no other purchaser for any lot or parcel of laud offered for sale, the same shall be struck off to the city as purchaser. Certificate of sale. § 15. After making the sale the tax collector must execute in dupli- cate a certificate of sale setting forth a description of the property sold, the name of the owner thereof as given in the assessment-roll, that said property was sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which such property was sold, the date of sale, the name of the purchaser, and the time when the purchaser will be entitled to a deed. The tax collector must file one copy of such certificate in his office and deliver Act 3934, §§ 16, 17 GENERAL LAWS. 1340 the other to the purchaser, or if the city is the purchaser, to the clerk of the legislative body, who shall file the same in his office. Upon the filing of the copy of such certificate in the office of the tax collector, the lien of the assessment shall vest in the purchaser and is only divested by a redemption of the property as in this act provided. The tax collector shall also enter upon the assessment-roll opposite the description of each piece of property offered for sale, the descrip- tion of the portion thereof sold, the amount for which the same was sold, the date of the sale and the name of the purchaser. Redemption of property sold. § 16. At any time before the expiration of one year from the date of the sale, any lot or parcel of land sold for a delinquent assessment may be redeemed by any party in interest by the payment to the tax collector of the amount for which the property was sold, and in addi- tion thereto, ten per cent thereon if paid within six months from the date of sale; and twenty-five per cent if paid within twelve months. When redemption is made the tax collector shall note that fact and the date thereof on the duplicate certificate of sale on file in his office, and deposit the amount paid with the city treasurer, who shall credit the purchaser named in the certificate of sale with the said amount and pay the same to such purchaser, or to his assigns, upon the surrender of the certificate of sale and upon satisfactory proof of assignment thereof, if any. When the city is the purchaser, the tax collector shall notify the clerk of the legislative body of the redemption and such clerk shall thereupon cancel the certificate of sale on file in his office. Deeds to purchaser. Service of notice by purchaser. Penalty on redemp- tion. § 17. At any time after the expiration of twelve months from the date of sale, the tax collector must execute to the purchaser, or to his assignee on his application, if such purchaser or assignee has com- plied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof, and the fact that no person has redeemed the property. The tax collector shall receiye from the applicant for a deed, one dollar for making such deed, unless the city is the purchaser, in which case no charge shall be made therefor. The purchaser or his assignee, must at least thirty days before he applies for a deed, serve upon the owner of the property, and upon the occupant of such property, if the same is occupied, a written notice, setting forth a description of the property, that said property has been sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which it was sold, the amount necessary to redeem at the time of giving notice, and the time when such pur- chaser or assignee will apply to the tax collector for a deed. If the said owner cannot be found, after due diligence, said notice must be posted in a conspicuous place upon said property, at least thirty days before the time stated therein, at which the application for a deed 1341 STREETS. Act 3934, §§ 18, 19 will be made. The person applying for a deed must file with the tax collector an affidavit or affidavits showing th:it notice of such applica- tion has been given, as herein required, and if the notice was not served on the owner of the property personally, that due diligence was used to find said owner; which affidavit or affidavits must be filed by the tax collector in his office. If redemption of the property is made after such affidavits are filed, and more than eleven months from the date of sale, the person making such redemption must pay, in addition to the other amounts required, three dollars for the service of notice and the making of such affidavits, which amount shall be paid over to the purchaser or his assignee in the same manner as other sums paid for redemption. No deed for any property sold for delinquent assess- ment shall be made until the purchaser or his assignee has complied with all the provisions of this section, and filed the proper affidavits with the tax collector. Such deed shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the ex- ecution thereof and of title in the grantee. Disposition of funds collected. § 18. The funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment, or as the result of sales, shall be paid by said tax collector, as fast as collected, to the treas'iTor of said city, who shall place the same in a special fund desig- nated by the number or name of the proceedings, and payments shall be m'lde out of said special fund only for the purposes provided for in this i.ct. To expedite the making of any such improvement, the legis- latj t'e body may at any time transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fuud and shall be repaid out of the proceeds of the assessments pro- vided for in this act. After all sales provided for in section 14 of this act have been made, the tax collector shall report to the legislative body of the city the amount collected. Notice of payment of damages. § 19. When sufficient money is in the hands of the city treasurer, in the special fund devoted to the proposed improvement,- to pay the total amount of estimated damages therefrom, all expenses of the proceed- ing and the cost of doing the work, it shall be the duty of the clerk of the legislative body to notify the contractor for the work of that fact, and to draw demands on said special fund for the respective amounts of damages awarded by the report, and to notify the owner of each parcel of land declared by the report to be damaged if the •rame of such owner is stated in the report, that the awards of damages are payable, and that he may receive the sum awarded to him on ex- ecuting a release to said city of all liability for damages caused by said improvement. Such notification may be given by depositing a notice, postage prepaid, in the postoffice addressed to such person at his last known place of residence. Act 3934, §§ 20-22 GENERAL LAWS. 1842 Refusal to accept award of damages. § 20. If any owner of property that will be damaged by the proposed improvement shall fail or refuse to accept the amount awarded to him by the report provided for in section 10 hereof, the legislative body may cause proceedings to be brought against him in the name of the city, in the proper superior court, to have the amount of damage to such property determined. Such proceedings shall conform, as nearly as may be, to the provisions of the Code of Civil Procedure regarding eminent domain; provided, however, that the plaintiff shall not be re- quired to pay the amount of damages awarded within thirty days after judgment. In such proceeding the ordinance ordering the improvement shall be conclusive evidence of the necessity of the same. If no such proceeding is brought against him any owner of property that is damaged by the proposed improvement may decline to accept the amount awarded him, if any, and bring an action against the city to recover the amount to which he claims to be entitled. Any such action must be brought within thirty days after the final completion of the improvement. If in such action he fails to recover more than the amount awarded to him by the report aforesaid, he shall not recover costs. Supplemental assessment may be ordered. §21. If the first assessment for any improvement fails to raise a sufficient amount of money to pay all costs, damages and expenses of the improvement, including any judgments rendered in the actions and proceedings mentioned in section 20 and the costs and expenses of such actions or proceedings, the legislative body may pay the deficit out of the general fund, or may order a supplemental assessment to raise such deficit, which shall be made and collected in the same man- ner, as nearl}' as may be, as the first assessment, and so on until suffi- cient money shall have been raised to pay for such improvement. Meanings of certain words. § 22. The following words and phrases shall, where used in this act, have the following meanings: 1. The term "improvement" includes all the improvements mentioned in section 1 of this act. 2. The term "eity" includes every incorporated city, city and county, or other corporation organized for municipal purposes. 3. The term "city treasurer" includes any officer who has charge and makes payment of the city funds. 4. The term "superintendent of streets" includes any officer or board whose duty it is by law to have the care or charge of streets or the improvement thereof, in any city. In any city where there is no super- intendent of streets, or such board, the legislative body is hereby au- thorized to designate some other officer to perform the duties imposed by this act on the superintendent of streets, and all the provisions hereof applicable to the superintendent of streets shall apply to the officer so designated. 5. The term "owner" or the term "any person interested" is deemed to be the person owning the fee, or the person in whom on the day any 1343 STREETS. Act 3935 protest is filed, the legal title to real property appears hj deeds duly recorded in the county recorder's office of the county in which said city is situate; or any person in possession of real property as the executor, administrator, trustee under an express trust, guardian or other legal representative of the owner, or any person in possession of real prop- erty under written contract of purchase, duly recorded. 6. The term "tax collector" includes any officer of the city whose duty it is to collect city taxes. In any city where there is no tax col- lector, the legislative body is hereby authorized to designate some other officer to perform the duties imposed by this act on the tax collector, and all the provisions hereof applicable to the tax collector shall apply to the officer eo designated. Certain acts not affected, §23. This act shall in nowise affect an act entitled: "An act to pro- vide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities," approved March 18, 1885; or an act entitled: "An act to provide a system of street improvement bonds to represent certain assessments for the cost of street work and improvements within municipalities, and also for payment of said bonds," approved February 27, 1893; or an act entitled: "An act to provide for local improvements upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities, such act to be known as the 'Local Improvement Act of 1901,' " which became a law February 26, 1901, or amendments to any of said acts, or any other acts on the same subject, or apply to proceedings had thereunder, but is intended to and does provide an alternate system for making the improvements provided for by this act; and it shall be in the discretion of the legislative body of any city to proceed, in making said improvements, under the provisions either of this act or of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amend- ments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in said acts or any acts in conflict herewith shall be void and of no effect as to the proceedings commenced under this act. Construction. Name of act. § 24. The provisions of this act shall be liberally construed to pro- mote the objects thereof. This act may be designated and referred to as the "Street Improvement Act of 1909," and shall take effect and be in force upon its passage and approval. ACT 3935. An act to provide for work upon and the construction of sidewalks and curbing within municipalities. [Approved March 6, 1909. Stats. 1909, p. 167.] Public streets defined. § 1. All streets, lanes, alleys, places and courts in the municipalities of this state now open or dedicated, or which may hereafter be opened Act 3935, § 2 GENERAL LAWS. 1344 or dedicated, to public use shall be deemed and held to be public streets, lanes, alleys, places and courts for the purposes of this act. Sidewalks, order for. Notice of work, posting of. Objection by owners. Jurisdiction, when acquired. § 2. Whenever, in the opinion of the city council, public interest or public convenience may require the city council is hereby authorized and empowered to order sidewalks to be constructed in any street, lane, alley, place or court within such municipality. Before ordering any sidewalk to be constructed the city council shall pass a resolution of intention so to do and describing the work, which resolution shall be posted conspicuously for two days on or near the chamber door of said council and published by two insertions in a daily, semi-weekly or weekly newspaper, published and circulated in said city and designated by said city council for that purpose. The street superintendent shall thereupon cause to be conspicuously posted along the line where it is proposed said sidewalk shall be constructed and at not more than one hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed "Notice of Sidewalk Work" in letters of not less than one inch in length and shall in legible characters state the fact of the passage of the resolu- tion, its date and approval, the work or improvement proposed and refer to the resolution for further particulars. In case there is no newspaper published in said city, said resolution of intention shall be posted for six days on or near the chamber door of said council and copies thereof in two other conspicuous places in said city as hereinafter provided. The owners of a majority of the frontage of the property fronting on said proposed sidewalk and on the same side of the street, lane, alley, place or court where it is proposed said sidewalk shall be constructed may make a written objection to said proposed improvement within ten days after the expiration of the time of the publication and posting of said resolution of intention, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its recep- tion by him. Thereupon the said city council shall at its next meeting fix a time for hearing such objections, not less than one week there- after, and the city clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice in said city, postage prepaid, addressed to each objector, or his agent when an agent appears for such objector. At the time specified said city council shall hear the objections urged and pass upon the same, and its decision thereon shall be final and conclusive. At tlie expiration of twenty days after the expiration of the time of said publication by said street super- intendent and at the expiration of twenty-five days after the advertis- ing and posting as aforesaid of any resolution of intention, if no written objection to the work therein described has been delivered as aforesaid by the owners of a majority of the frontage of the property fronting on said proposed work or improvement and on the same side of the street, lane, alley, place or court where it is proposed the said sidewalk shall be constructed, and at the expiration of fifteen days 1345 BTREET3. Act 3935, §§ 3, 4 after the clecision of the city council upon objections made, if objections have been made, the city council shall be deemed to have acquired juris- diction to order the work to be done or improvement to be made, which is authorized by this act, which order, when made, shall be posted for two days, the same as provided for the posting of the resolution of in- tention. Before passing any resolution for the construction of sidewalks, plans and specifications and careful estimates of the costs and expenses thereof shall be furnished to the city council, if required by it, by the city engineer of the city. Ovmers may petition for construction. § 3. The owners of a majority in frontage of lots and lands fronting on the same side of any street, avenue, lane, alley, place or court where it is proposed that a sidewalk shall be constructed and of lots and lands liable to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the city council to order such sidewalk to be constructed, and the city council may order the side- walk to be constructed after notice of its intention so to do has been posted and published as provided in section 2 of this act. Proposals for doing work. Bids. Readvertlsing. Awards. Election by owners. Delinquent contractors. §4. Before awarding any contract for the construction of a side- walk, 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 notice of the said work inviting said proposals or bids and referring to the specifications posted or on file to be published for two days in a daily, semi-weekly or weekly newspaper, published and circulated in said city designated by the council for that purpose, and in case there is no newspaper published in said city then said notice shall only be posted as hereinbefore provided. All proposals or bids offered shall be accompanied by a check payable to the order of the mayor of the city, certified by a responsible bank for an amount, which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for said amount and so payable, signed by the bidder and by two sure- ties, who shall justify before an officer competent to administer an oath in double the said amount and over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of the said city council and said council shall in open session examine and publicly de- clare the same; provided, however, that no proposal or bid shall be con- sidered unless accompanied by said check or bond satisfactory to the council. The city council may reject any or all proposals or bids should it deem this for the public good and shall also reject the bid of any party who has been delinquent or unfaithful in any former contract with the municipality, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder and may award the contract for said work to the lowest responsible bidder at the prices named in his bid, which award shall be approved by the mayor or a Gen. Laws — 85 Act 3935, § 4 GENERAL LAWS. 1346 three-fourthg vote of tlie city council. If not approved by him 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 respective checks and bonds corresponding to the bids so rejected, but the checks or bonds accompanying such accepted proposals or bids shall be held by the city clerk of said city until the contract for doing said work as hereinafter provided has been entered into, either by said lowest bidder or by the owners of three-fourths part of the frontage fronting on the same side of the street where said sidewalk is to be con- structed, whereupon said certified check shall be returned to said bidder. But if said bidder fails, neglects or refuses to enter into the contract to perform said work as hereinafter provided then the certified check accompanying his bid and the amount mentioned therein shall be declared to be forfeited to said city and shall be collected by it and paid into its fund for repairs of streets; and any bond forfeited may be prosecuted and the amount due thereon collected and paid into said fund. Notice of such award of contract shall be posted for five days in the same manner as hereinbefore provided for the posting of the resolution of intention. The owners of three-fourths of the frontage of lots and lands upon the same side of the street where said sidewalk is to be constructed, or their agents, and who shall make oath that they are svich owners or agents, shall not be required to present sealed proposals or bids, but may within ten days after the first posting of said notice of said award elect to take said work and enter into a written contract to construct said sidewalk at the price at which the same has been awarded. Should the said owners fail to elect to take such work and to enter into a written contract therefor within ten days or to commence work within fifteen days after the first posting of said award and to prosecute the work with diligence to completion, it shall be the duty of the super- intendent of streets to enter into a contract with the original bidder, to whom the contract was awarded, and at the prices specified in his bid, but if such original bidder neglects, fails or refuses for fifteen days after the first posting of the notice of award to enter into the contract, then the said city council without further proceedings shall again advertise for proposals or bids as in the first instance and award the contract for the said work to the then lowest regular bidder. The ,bids of a,ll persons and the election of all owners as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected from any bidding or election subsequent to the first for the same work. If the owner or contractor, who may have taken any contract, does not complete the same within the time limited in the contract, or within such further time as the city council may give him, the superintendent of streets shall report such delinquency to the city council, which may relet the unfin- ished portion of said work after pursuing the formalities prescribed hereinbefore for the letting in the first instance. All contractors, con- tracting owners included, shall at the time of executing any contract for the construction of a eidewalk under the provisions in this act, execute 1347 STREETS. Act 3935, §§ 5, 6 a bond to the satisfaction and approval of the street superintendent of said city with two or more sureties and payable to said city in such sum as the mayor may deem adequate conditioned for the faithful per- formance of the contract, and the sureties shall justify before some person competent to administer an oath in double the amount mentioned in such bond over and above all statutory exemptions. Before being entitled to a contract the bidder to whom the award was made or the owners who have elected to take the contract must advance to the street superintendent for payment by him the costs of publication and posting of the notices, resolution, orders or other incidental expenses and mat- ters required under the proceedings prescribed in this act and such other notices as may be deemed requisite by the city council including in such incidental expenses the necessary surveying and superintendence of said work. And in case the work is abandoned by the city before the letting of the contract, the incidental expense incurred previous to such aban- donment shall be paid out of the city treasury. Superintendent of streets, powers and duties of. §5. The superintendent of streets is hereby authorized, in his official capacity, to make all written contracts and receive all bonds authorized by this act and to do any other act, express or implied, that pertains to the street department under this act; and he shall fix the time for the commencement, which shall not be more than fifteen days from the date of the contract and for the completion of the work under all contracts entered into by him, which work shall be prosecuted with diligence from day to day thereafter to completion, and he may extend the time so fixed for completion of the work from time to time under direction of the city council. The work provided to be done under this act must in all cases be done under the direction and to the satisfaction of the super- intendent of streets, and the materials used shall comply with the speci- fications and be to the satisfaction of said superintendent of streets, and all contracts made therefor must contain a provision to that effect and also express notice that in no case, except where it is otherwise pro- vided in this act, will the city, or any officer thereof, be liable for any portion of the expense nor for any delinquency of persons or property assessed. The city council may, by ordinance, prescribe general rules directing the superintendent of streets and the contractor as to the ma- terial to be used and the mode of executing the work under all contracts thereafter made. The assessment and apportionment of the expense of all such work shall be made by the superintendent of streets in the mode herein provided. Assessments, what lands liable for. §6. Subdivision One. — It is considered and established by this act that the construction of a sidewalk authorized by this act is and will be of peculiar and special benefit, gain and advantage to the lots and lands fronting on such sidewalk on the same side of the street on which the sidewalk is constructed and not of peculiar or special benefit, gain or advantage to any other property. The expense incurred for the con- Act 3935, § 7 GENERAL LAWS. 1348 struction of any sidewalk authorized by this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order and repair by any person or company having railroad tracks thereon) shall be assessed u^on the lots and lands fronting thereon on the same side of the street where said sidewalks shall be constructed, each lot, or portion of lot, being separately assessed in proportion to the frontage at a rate per front foot sufficient to cover the total expense of the work, except the expense of so much thereof as shall be constructed upon any intersection or street crossing. The expense of that portion of the work constructed upon any intersection or street crossing shall be paid by the municipality out of the city treasury. Owner may construct, when. Subdivision Two. — It shall be lawful for the owner or owners of lots or lands fronting upon any street and on the same side of the street where a sidewalk is to be constructed, to perform at his or their own expense, after obtaining permission from the city council so to do, but before such council has passed its resolution of intention to order the sidewalk to be constructed, the work of constructing the sidewalk upon the same side of the street upon which his or their property so fronts, and thereupon to procure a certificate from the city engineer setting forth the fact of the construction of such sidewalk to the width and upon the grade and of the material as required by the city council. Assessnient to cover cost of work. §7. After the contractor of any sidewalk work has fulfilled his con- tract to the satisfaction of the superintendent of streets of said city, or city council on appeal, the superintendent of streets shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental expenses) in conformity with the provisions of the preceding section, or if any direction and decision be given by the city council on appeal then in conformity with such direction and decision, which assessment shall briefly refer to the con- tract, the work contracted for and performed and shall show the amount to be paid therefor together with any incidental expenses, the rate per front foot assessed, the amount of each assessment, the name of the owner of each lot or portion of lot (if known to the superintendent of streets) ; if unknown the word "unknown" shall be written opposite the number of the lot and the amount assessed thereon, the number of each lot, or portion or portions of the lot, assessed, and said assessment shall have attached thereto a diagram exhibiting each street or street cross- ing, lane, alley, place or court on which any work has been done and showing the relative location of each lot or portion of lot to the work done numbered to correspond with the numbers in the assessment and showing the number of feet fronting on said work contracted for and performed. 1349 STREETS. Act 3935, § 8 Warrant for assessment. Record of warrant. Lien. Defects in assess- ments. § 8. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets and countersigned by the mayor of said city. The said warrant shall be substantially in the following form: Form of Warrant. By virtue hereof, I (name of the superintendent of streets) of the city of , county of (or city and county of ) and state of California, by virtue of the authority vested m me as such superin- tendent of streets do authorize and empower (name of contractor)' (his or their) agents or assigns, to demand and receive the several assess- ments upon the assessment and diagram hereto attached, and this shall be (his or their) warrant for the same. (Date.) ., (Name of superintendent of streets.) Countersigned by , (Name of mayor.) Said warrant, assessment and diagram together with the certificate of the city engineer to the effect that the work has been performed in accordance with the contract shall be recorded in the office of the said superintendent of streets. When so recorded the several amounts so 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 recording unless sooner discharged; and from and after the date of said recording of any certificate, assessment, diagram and warrant all persons shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment, diagram and certificate are recorded, the same shall be delivered to the contractor, or his agent or assigns, but not until after the payment to the superintendent of streets of the incidental expenses not previously paid; and by virtue of said warrant said contractor, or his agent or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in the contract and assessment. Whenever it shall appear by any final judgment of any court in this state that any suit brought to foreclose the lien of any sum of money assessed to cover the expense of such sidewalk work done under the provisions of this act has been de- feated by reason of any defect, error, informality, omission, irregularity or illegality in any assessment hereafter to be made and issued or in the recording thereof, or in the return thereof, made to or recorded by said superintendent of streets, any person interested therein may at any time within three months after the entry of said final judgment apply to said superintendent of streets, who issued the same, or to any super- intendent of streets at the time of said application, for another assess- ment to be issued in conformity to law; and said superintendent of streets shall within fifteen days after the date of said application make and deliver to said applicant a new assessment, diagram and warrant in accordance with law, and the then mayor shall countersign the same as Act 3935, §§ 9, 10 GENERAL LAWS. 1350 now provided by law, which assessment shall be a lien for the period of t"wo years from the date of said assessment and be enforced as pro- vided by this act. Demands upon persons assessed. Unknown owners. Return of warrant. Lost warrants. §9. The contractor, or his assigns, or some person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the respective amounts assessed to each. If any payment be made, the contractor, his assigns or some person in his or their behalf, shall receipt for the same upon the assessment in presence of the person making such payment and shall also give a separate receipt, if demanded. Whenever the person so assessed, or his or their agents, cannot conveniently be found, or when- ever the name of the owner of the lot is stated as "unknown" on the assessment, then the said contractor, or his assigns or some person in his or their behalf, shall publicly demand payment on the premises assessed. The warrant shall be returned to the superintendent of streets within thirty days after its date with a return indorsed thereon signed by the contractor, or his assigns or some person in his or their behalf, verified upon oath, stating the nature and character of the demand and whether any of the assessments remain unpaid in whole, or in part, and the amount thereof. Thereupon the superintendent of streets shall record the return go made in the margin of the record of the warrant and assessment and shall also record the original contract referred to therein if it has not already been recorded in full length in a book to be kept for that purpose in his office and shall sign the record. The superin- tendent of streets is authorized at any time to receive the amount due upon any assessment-list and warrant issued by him and give a good and sufficient discharge therefor, provided that no such payment 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 said superintendent may release any assessment upon the books of his office on 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 and warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form pro- vided in this section, he shall thenceforth have no lien upon the prop- erty assessed; provided, however, that in case any warrant is lost upon proof of such loss a duplicate may be issued, upon which a return may be made with the same effect as if the original has been so returned. 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. Objections to work or assessments. Decisions of council to be final. § 10. The owners, whether named in the assessment or not, the con- tractor, or his assigns, and all other persons directly interested in any 1351 STREETS. Act 3935, § 11 work provided for in this act, or in the assessment, feeling aggrieved by any act or determination of the superintendent of streets in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceedings of the superintendent of streets, shall, within thirty days after the date of the warrant, appeal to the city council, as provided in this section, by briefly stating their objections in writing, and filing the same with the clerk of said city council. Notice of the time and place of hearing, briefly referring to the work con- tracted to be done, or other subject of appeal, and to the acts, deter- minations, or proceedings objected to or complained of, shall be pub- lished for five daj^s. Upon such appeal, the said city council may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the superintendent of streets relative to said work; may confirm, amend, set aside, alter, modify, or correct the assessment in such manner as to them shall seem just, and require the work to be completed according to the directions of the city council; and may instruct and direct the superintendent of streets to correct the warrant, assessment, or diagram in any particular, or to make and issue a new warrant, assessment and diagram, to con- form to the decisions of said city council in relation thereto, at their option. All the determinations and decisions of said city council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities and irregularities which said city council might have remedied and avoided; and no assessment shall be "held invalid, except upon appeal to the city council, as provided in this section, for any error, informality, or other defect in any of the proceedings prior to the assessment, or in the assessment itself, where the resolution of in- tention of the city council to order the work to be done, for which the assessment is made, has been actually published in any designated news- paper of said city for the length of time prescribed by law, before the passage of the resolution ordering the work to be done. Unpaid assessmentSj suits for. Evidence. Power of court. Eule of practice. § 11. At any time after the period of thirty-five days from the day of the date of the warrant, as herein provided, or if an appeal is taken to the city council, as provided in section 10 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 10 (but not less than thirty-five days from the date of the warrant), the contractor, or his assignee, may sue, in his own name, the owner of the land, lots or por- tions of lots, assessed on the day of the date of the 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 Act 3935, § 12 GENERAL LAWS. 1353 ten per cent per annum until paid. Suit may be brought in the superior court within whose jurisdiction the city is in which said work has been done, and in case of any assessment made against lots, portions of lots, or lands, if the owners thereof cannot, with due diligence be found, the service in each of such actions may be had in such manner as is pre- scribed in the codes and laws of this state. The said warrant, as- sessment, certificate and diagram, with the afl&davit of demand and nonpayment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets and city council upon which said assess- ment, warrant and diagram are based, and like evidence of the right of the plaintiif to recover in the action. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in other cases of the sale of real estate by the process of said courts; and on appeal the appellate courts shall be vested with the same power to adjudge and decree a lien and to order such premises to be sold on execution or decree as is conferred on the court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits brought to recover sidewalk assessments, the proceedings therein shall be governed and regulated by the provisions of this act, and also, when not in conflict herewith, by the codes of this state. This act shall be liberally construed to effect the ends of justice and to promote the objects of the act. No error, or irregularity, or departure, or difference, in procedure from those specified in this act, which does not cause a substantial loss or detriment to the property owner whose property is assessed, shall affect the legality of the proceedings, or the validity of the lien provided by this act. Repairs to sidewalks. Failure to repair, a misdemeanor. Property liable for repairs. § 12. When any sidewalk constructed on any street, avenue, lane, alley, court or place shall be out of repair or needing reconstruction and in a condition to endanger persons or property passing thereon, or to interfere with the public convenience in the use thereof, it shall be the duty of the superintendent of streets, by notice in writing delivered to the owner of the adjoining premises, or to their agents, personally, or left on the premises, to require the owners or occupants of lots, or portions of lots, fronting on said sidewalk and on the same side of the street where said sidewalk is located, to repair or reconstruct said side- walk, or to do both, forthwith, 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 kind of material shall be used in said repairs or reconstruction or both. If said repairs or reconstruc- tion be not commenced within three days after notice given as aforesaid and diligently and without interruption prosecuted to completion, the owners or occupants of said lots having been given notice as aforesaid shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding two hundred dollars or imprison- 1353 STREETS. Act 3935, §§ 13, 14 ment in the city jail not exceeding one hundred days, or both such fine and imprisonment, and the said superintendent of streets may, if said rei^airs or reconstruction be not commenced within three days after notice given as aforesaid, under authority from the city council, make such repairs or reconstruction, or both, and enter into a contract with any suitable person for that purpose, at the expense of the owner or occupant, after the specifications for doing said work shall have been conspicuously posted by him in his office for two days inviting bids for the doing of said work, which bids shall be delivered to him at his office on or before the second day of said posting and opened by him on the next day following said two days of posting, and the contract shall by him be awarded to the lowest bidder if such lowest bid in the judgment of such street superintendent shall be reasonable. All of such bids shall be preserved in his office and open at all times after the letting of the contract to the inspection of all persons, and the owner or occupant of the lots fronting on said sidewalk and on the same side of the street shall be liable to pay such contract price. Said work of reconstruction or repair shall be commenced within twenty-four hours after the con- tract shall have been signed and completed without delay to the satis- faction of the said superintendent of streets. Upon the completion of said repairs or reconstruction to the satisfaction of the superintendent of streets, he shall make and deliver to the contractor a certificate to the effect that said repairs or reconstruction have been properly made by said contractor and that the charges for the same are reasonable and just and that he, the said superintendent of streets, has accepted the same. Said certificate shall describe the property liable for the payment for said repairs or reconstruction and said certificate shall be recorded in a book kept in the office of the superintendent of streets for that purpose and shall constitute a lien on the said property liable for the payment of said repairs or reconstruction. If the expense of such repair or reconstruction after the completion thereof and the delivery by the superintendent of streets to the contractor of said certificate be not paid to the contractor, or his agent or assignee, on demand, the said con- tractor, or his assignee, shall have the right to sue such owner or occu- pant of such lands for the amount contracted to be paid and to fore- close and- enforce the lien therefor the same as provided herein for fore- closures and enforcements of the liens in other cases. Cumulative powers of council. § 13. In addition to the other remedies herein given and as cumu- lative thereto the city council shall have power to prescribe the penalties that shall be incurred by any owner or person liable or neglecting or refusing to make repairs or reconstruction of sidewalks when required as provided by this act. "Owner" defined. § 14. The person owning the fee or the person in whom on the day the action is commenced appears the legal title to the lots or lands by deeds duly recorded in the county recorder's office of the county, or the Act 3935, §§ 15-17 GENERAL LAWS. 1354 person in possession of lands, lots, or portions of lots, or buildings, under claim or exercising acts of ownership over the same for himself, or as executor, administrator, guardian or trustee of the owner, shall be re- garded and treated and deemed to be the "owner" according to the intent and meaning of that word as used in this act, and in case of leased property the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. Lessees and tenants, rights of. § 15. Any tenant or lessee of the lands or lots liable for assessment under this act may pay the amount assessed against the property of which he is such tenant or lessee and may deduct the amount so paid from the rents due and to become due from him, and he shall have a lien upon and may retain possession of the lands and lots until the amount so paid by him shall be satisfied with legal interest from accru- ing rents, or by payment by the owner. Records of superintendent, force of. § 16. The records kept by the superintendent of streets in conformity with the provisions of this act and signed by him shall have the same force and effect as other public records, and copies therefrom duly cer- tified may be used in evidence with the same effect as the originals. Said records shall during all office hours be open to the inspection of any citizen wishing to examine them, free of charge. Notices, service of. Engineering and surveying by whom done. § 17. Notices in writing, which are required to be given or posted by the superintendent of streets under the provisions of this act, may be served or posted by any person with the permission of the super- intendent of streets, or such notices may be given, served or posted by the superintendent of streets personally. A record of the fact of the giving, service and posting of such notices shall be kept in the office of the superintendent of streets. The superintendent of streets shall keep a public office in some convenient place within the municipality and keep therein such records as may be required by the provisions of this act. 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 survey- ing and other engineering work to be done under this act, and to survey and measure the work to be done under contracts let under this act, and to estimate the costs and expenses thereof and every certificate signed by him in his official character shall be prima facie evidence in all courts of this state of the truth of its contents. He shall keep a record of surveys made under the provisions of this act as in other cases. In any city where there is no city engineer, the city council is hereby authorized to appoint a suitable person to discharge the duties herein laid down as those of city engineer and all the provisions hereof applicable to the city engineer shall apply to such person so appointed. Said city council is hereby empowered to fix his compensation for such services. 1355 STREETS. Act 3935, §§ 18, 19 Definitions of certain terms. § 18. Oue — The term "incidental expenses" as used in this act shall include the compensation of the city engineer for work done by him; also, the cost for posting, printing and advertising as provided in this act; also, the compensation of superintendents for the work. All de- mands for incidental expenses shall be presented to the superintendent of streets by itemized bill duly verified by oath of the demandant. Two — The word "municipality" and the word "city" as used in this act shall be understood and construed to include all corporations hereto- fore organized and now existing and those which may hereafter be organ- ized for municipal purposes. Three — The word "street" as used in this act shall be deemed to include avenues, highways, lanes, alleys, courts and places. Four — The terms "street superintendent" and "superintendent of streets" as used in this act shall be construed to include any person or ofiicer whose duty it is under the law to have the care or charge of the streets or the improvement thereof in any city. In any city where there is no street superintendent or superintendent of streets, the city council is hereby authorized to appoint a suitable person to discharge the duties of the superintendent of streets or street superintendent as specified in this act and all provisions hereof applicable to the street superintendent or superintendent of streets shall apply to the person so appointed. Five — The term "city council" as used in this act is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city. Six — In municipalities in which there is no mayor the duties imposed upon such 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. Seven — The term "clerk" or "city clerk" as used in this act is hereby declared to include any person or officer who shall be clerk of the board which constitutes the legislative department of the government of the city. Curbing may be included. § 19. Whenever in the opinion of the city council it shall be con- venient or proper so to do, said city council may in its discretion include under any proceedings taken under this act the construction of curbing as well as the construction of sidewalks, or the city council may pro- vide for the construction of curbing without the construction of side- walks; and all the provisions of this act whenever the city council shall elect to proceed thereunder to provide for the construction of curbing shall apply as fully to all such proceedings and to the work done there- under and to the assessments made for the expense of the work and to the lien therefor as inUy as if this act specifically and particularly re- lated in each instance to the construction of curbing. As to the con- struction of curbing within municipalities this act shall be construed as a new, distinct and independent method of procedure and assessment from any provided in any act or acts in force at the time this act shall Act 3936 GENERAL LAWS. 1356 take effect, whieli method of procedure and assessment so provided by this act may as to the construction of curbing be followed by the city council if it elects so to do. Nothing in this act, however, shall be construed as preventing the construction of curbing and the levy and collection of assessments for the expense thereof under the provisions of "An act to provide for work upon streets, lanes, alleys, places, courts, and sidewalks and for the construction of sewers within municipalities," approved March 18, 1885, and the several acts amendatory thereof and supplemental thereto. Repeal of certain acts. § 20. This act shall be deemed as a repeal of "An act to provide fbr work upon streets, lanes, alleys, places, courts and sidewalks and for the construction of sewers fvithin municipalities," approved March 18, 1885, and the several acts amendatory thereof and supplemental thereto so far as said act and the several acts amendatory thereof and supplemental thereto relate to sidewalks and the construction thereof, and to the assess- ments to be made and the enforcement of payments for the expense of the construction of such sidewalks, but as to all other street work and street improvement said act approved March 18, 1835, and the several acts amendatory thereof and supplemental thereto shall not be deemed as repealed, amended or affected by this act. ACT 3936. An act to provide for changing or modifying the grade of public streets, lanes, alleys, courts, or other places, within municipalities. [Approved April 21, 1909. Stats. 1909, p. 1018.] Power of city council to change grade. § 1. The city council of any city is hereby empowered to change or modify the grade of public streets, lanes, alleys, courts, or other places therein, in the manner hereinafter provided. Resolution of intention. Publication of notice. Posting of notice. §2. Before any change or modification of grade is ordered, the city council shall pass an ordinance or resolution of intention to order such change or modification of grade. Said ordinance or resolution of inten- tion shall state the name of, or otherwise designate the public street, lane, alley, court or other place the grade of which, or any portion thereof, is proposed to be changed or modified, and shall set forth the change or modification of grade proposed to be made. One or more public streets, alleys, lanes, courts, or other places, or portions thereof, may be included in the same ordinance or resolution of intention. Said ordinance or resolution of intention shall be posted conspicuously for two days on or near the chamber door of said city council, and published by two insertions in a daily or weekly newspaper published and circu- lated in said city, and designated by said council for that purpose. If no such newspaper is published and circulated in said city, such ordi- nance or resolution of intention shall be posted for tTvo days on or near the council chamber door, and in two other public places in said city. 1357 STREETS. Act 3936, § 3 The street superintendent shall thereupon cause to be conspicuously posted along all public streets, lanes, alleys, courts, or other places, or portions thereof designated in the said ordinance or resolution of inten- tion, where such change or modification of grade is proposed to be made, at not more than one hundred feet in distance apart, notices, but not less than three in all, of the passage of said ordinance or resolution of intention. Said notice shall be headed "Notice of Change of Grade," in letters of not less than one inch in length, and shall in legible char- acters state the fact of the passage of the said ordinance or resolution of intention, its date, the name or other designation of the public street, lane, alley, court, or other place, or portion thereof, the grade of which is proposed to be changed or modified, and shall refer to the ordinance or resolution of intention for further particulars. He shall also cause a notice similar in substance to be published for six days in a daily news- paper published and circulated in said city, and designated by said city council for that purpose, or in cities where there is no daily newspaper, by two insertions in a weekly newspaper so published, circulated and designated. In case there is no daily or weekly newspaper published in said city, said notice shall be posted for six days on or near the chamber door of said council, and in two other public places in said city. Protest of owners. Findings of council. Intersecting streets; protests. § 3. Any person or persons owning any real property fronting upon any public street, lane, alley, court or other place, or portion thereof, where such change or modification of grade is proposed to be made, may, within thirty days after the first publication of the notice of the passage of the ordinance or resolution of intention, or within thirty days after the first posting thereof, where no publication thereof is made, as here- inbefore provided, file a written protest with the clerk of the city council against such proposed change or modification of grade. Every such protest must contain a description of the property owned by each signer thereof, sufficient to identify the same, and if signed by more than one person, must be accompanied by the affidavit of one of the signers that each signature thereto is the genuine signature of the person whose name purports to be thereto subscribed; and in case any signature is made by an agent, there must be attached to the protest the affidavit of the agent that he is duly authorized to sign such protest. Any pro- test not complying with the foregoing requirements shall not be con- sidered by said city council. The clerk of the city council shall indorse on every such protest the date of its reception by him; and at the next regular meeting of the city council after the expiration of the time for filing protests, shall present to said city council all protests so filed with him. If the city council finds that such protests are signed by the owners of a majority of the frontage of the property fronting on the public street, lane, alley, court, or other place, or portion thereof where such change or modification of grade is proposed to be made, all further proceedings under said ordinance or resolution of intention shall be stayed and barred for six months from and after the filing of such majority protests, except as hereinafter provided, unless the owners of Act 3936, S 3 GENERAL LAWS. 1358 a majority of such frontage shall in the mean time petition the same change or modification of grade to be made; but a new ordinance or resolution of intention to make a different change or modification of grade of such public street, lane, alley, court, or portion thereof, may be passed at any time. In the event that the ordinance or resolution of intention designates any public street, lane, alley, court or other place, or portion thereof, the grade of which is proposed to be changed or modified, and there be included in said ordinance or resolution of intention any other public street, lane, alley, court or other place, or portion thereof, intersecting therewith or terminating therein, the grade of which is also proposed to be changed or modified, the change or modification of grade of such public street, lane, alley, court or other place, and of such other public street, lane, alley, court or other place or portion thereof, so intersecting or terminating, shall not be stayed or barred by any protests, made and filed as hereinbefore provided, unless such protest be signed by the own- ers of a majority of the total frontage of the property fronting on all such public streets, lanes, alleys, courts or other places, or portions thereof, where such change or modification of grade is proposed to be made. If the city council finds that such protests are not signed by the owners of a majority of the property fronting on the public street, lane, alley, court or other place, or portion thereof, where such change or modi- fication of grade is proposed to be made, or if the proposed change or modification of grade extends for a distance of not more than one block, and the grade of such public street, lane, alley, court, or other place, for at least one block thereof immediately adjacent to such block where such change or modification of grade is proposed to be made, on each side thereof, has already been established, or if the proposed change or modification of grade extends for a distance of not more than one block, at the end of a public street, lane, alley, court or place, and the grade thereof for at least one block thereof immediately adjacent to such block has already been established, the city council shall thereupon fix a time for hearing such protests not less than ten days after the meeting of the council at which such time is so fixed and shall cause notice of the time and place of such hearing to be published for two days in a daily news- paper published and circulated in said city, or by one insertion in a weekly newspaper so published and circulated; and if no daily or weekly newspaper be published and circulated in said city, then said notice shall be posted for two days on or near the council chamber door, and in two other public places in said city; and such publication or posting shall be completed at least five days before such hearing. The city council shall hear said protests at the time and place appointed, or at any time to which the hearing thereof may be continued, and pass upon the same, and its decision thereon shall be final and conclusive. If such protests are sustained, no further proceedings shall be had under said ordinance or resolution of intention, but a new ordinance or resolution of intention to make the same, or a different change or modification of grade may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been filed. 1359 STREETS, Act 3936, §§ 4-6 Jurisdiction, when acquired. § 4. If no protests are filed within the time hereinbefore provided, or if protests are filed, and after hearing are denied, as hereinbefore pro- vif^ed, the city council shall acquire jurisdiction to order the change or modification of grade described in the ordinance or resolution of inten- tion to be made. Having acquired such jurisdiction, the city council shall by ordinance or resolutiou, order the change or modificntion of grade to be made as proposed by and described in the ordinance or resolution of intention. Said ordinance or resolution ordering the change or modi- fication of grade shall be published by two insertions in a daily, or by one insertion in a weekly newspaper published and circulated" in said city; or, if no such newspaper be published and circulated therein, the same shall be posted for two days on or near the council chamber door, and in two other public places in said city. Who deemed to be owner. § 5. Except as otherwise hereinafter provided the person owning the fee, or the person in whom on the day any protest or petition is filed the legal title to real property appears, by deeds duly recorded in the county recorder's office of the county in which said city is situated, shall be deemed to be the owner thereof for the purposes of this act; pro- vided, however, that any person in possession of real property as the executor, administrator, trustee, guardian, or other legal representative of the owner, or any person in possession of real property under written contract of purchase duly recorded, shall be deemed to be the owner thereof for the purposes of this act. In the case of property held by tenancy in common, if any cotenant sign a protest under this act, only the proportionate share of the frontage thereof represented by his inter- est therein shall be counted in determining the amount of frontage rep- resented by such protest. In the event that the change or modification of grade proposed by the ordinance or resolution of intention is only on one side of any public street, lane, alley, court or other place, or portion thereof, only the owners of the real property fronting on the side of such public street, lane, alley, court or other place, or portion thereof where such change or modification of grade is proposed to be made, shall be entitled to make or file a protest under the provisions of this act. If the grade of any public street, lane, alley, court, or other place, or portion thereof, has been heretofore, or shall be hereafter changed or modified, nothing in this act contained shall be construed to prevent any subsequent change or changes, modification or modifications of grade of any such public street, lane, alley, court or other place, or portion thereof. Meanings of certain words. § 6. The following words and phrases, where used in this act, shall have the following meanings: 1. The terms "municipality" and "city" include every incorporated city, city and county, or other corporation organized for municipal purposes, 2. The terms "city council" and "council" include any body or board in which by law is vested the legislative power of any city. Act 3938 GENERAL LAWS. 1360 3. The terms "clerk" and "city clerk" shall include any person or officer who shall be clerk of the city council. 4. The term "superintendent of streets" includes any officer or board whose duty it is by law to have the care or charge of streets, or the improvement thereof, in any city. In any city where there is no super- intendent of streets, or no such board, the legislative body is hereby authorized to designate some other officer to perform the duties imposed by this act on the superintendent of streets, and all the provisions hereof applicable to the superintendent of streets shall apply to the officer so designated. Certain acts not affected. Intention of act. Name of act. § 7. This act shall in no wise affect an act entitled "an act to provide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities," approved March 18, 1885, or amendments thereto; or an act entitled "An act to amend an act 'An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within munici- palities,' approved March 18, 1885, by adding thereto certain new and additional sections, to provide the mode of carrying into effect certain provisions of said act relative to changing grades," approved March 31, 1891, or amendments thereto, or any other acts on the same subject; but is intended to and does provide an alternate system of proceedings for changing or modifying the grades of public streets, lanes, alleys, courts, or other places in municipalities; and it shall be within the discretion of the city council of any municipality to proceed in making any such change or modification of grade, either under the provisions of this act, or under the provisions of said acts hereinbefore mentioned, or amend- • ments thereto; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments thereto as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in said acts, or in any acts in conflict with the provisions hereof, shall be void and of no effect as to the proceedings commenced under the provis'ions of this act. The election of the city council to proceed under the provisions of this act shall be expressed in its ordinance of intention to order any change or modification of grade. The provisions of this act shall be liberally construed to promote the objects thereof. This act may be designated and referred to as the "Change of Grade Act of 1909." § 8. This act shall take effect immediately. TITLE 500. SUISUN CITY. ACT 3938. Authorizing and empowering board of trustees to grade and improve streets. [Stats. 1871-72, p. 658.] "Superseded by 1885, p. 147, c. CLTII; and by the incorporation of the city tmder Municiijal Government Act of 1883." — Code Commissioners' Note. 1361 SUMMONS— SUPERVISORS. Acts 3943-3958 TITLE 501. SUMMONS. ACT 3943. Concerning service of summons upon absent defendants. [Stats. 1871-72, p. 392.] Repealed 1873-74, p. 495. TITLE 502. SUNDAY. ACT 3948. To proliibit barbarous and noisy amusements on the Christian Sabbath. [Stats. 1855, p. 50.] Superseded by §§ 299-301, Penal Code, which have been repealed. ACT 3949. To provide for the better observance of the Sabbath. [Stats. 1858, p. 124.] This act was declared void in Ex parte Newman, 9 Cal. 502. See Ex parte Andrews, 18 Cal. 679. ACT 3950. For the observance of the Sabbath. [Stats. 1861, p. 655.] Superseded by Penal Code, § 299 et seq., which have been repealed. ACT 3951, To regulate and provide for a day of rest in certain cases. [Stats. 1880, p. 80.] Unconstitutional: Ex parte Westerfield, 55 Cal. 550. This act forbade baking between six P. M. Saturday and six P. M. Sunday, ACT 3952. To provide for a day of rest from labor. [Stats. 1893, p. 54.] This act provided that every employee should be entitled to one day's rest in seven. TITLE 503. SUPERVISORS. ACT 3957. To enable boards of supervisors to authorize the employment of deputies in certain cases. [Stats. 1880, p. 27.] Repealed by the County Government Acts: See 1897, p. 452. ACT 3958. To enable boards of supervisors and other legislative bodies to perform the duties prescribed by section 1, article XIV, of the constitution. [Stats. 1881, p. 54.] Citations. Cal. 152/265, 266. Gen. Laws — 86 k Acts 3959-3969 GENERAL LAWS. 1362 "Unconstitutional in part: Fitch v. Supervisors, 122 Cal. 285. See 1885, p. 95; San Diego Land Co. v. National City, 174 U. S. 739." — Code Commis- sioners' Note. This act related to the fixing of water rates. See this act post, Act 4348. ACT 3959. Authorizing boards of supervisors to pay exponses of posse comitatus in criminal cases. [Stats. 1880, p. 102.] In full in Appendix, Penal Code, p. 2148. ACT 3960. To confer power upon supervisors to complete sewers. [Stats. 1881, p. 76.] Superseded by County Government Act and the charter of San Francisca. Citations. Cal. 98/683. ACT 3961. Authorizing any board of supervisors to refund the bonded indebtedness. [Stats. 1885, p. 211.] Superseded by subd. 13, S 25, 1897, p. 460. ACT 3962. Authorizing board of supervisors to transfer certain funds. [Stats. 1880, p. 133.] Superseded by subd. 18, § 25, 1897, p. 463, and by §§4053, 4054 of Politi- cal Code. This act authorized the transfer of swamp land funds to the general fund. Citations. Cal. 142/449, 450. ACT 3963. Empowering boards of supervisors to levy a special tax for the purpose of displaying products and industries of any county at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state. [Stats. 1901, p. 589.] See this act post. Act 4041. TITLE 504. SUPREME COURT COMMISSION. ACT 3968. To provide for the appointment of supreme court commissioners. [Stats. 1889, p. 13.] Superseded 1893, p. 1. Citations. Cal. 150/320. ACT 3969. Providing for the appointment of supreme court commissioners and their secretary. [Stats. 1893, p. 1.] Continued 1897, p. 47; c. LII; 1899, p. 11; 1901, p. 273; 1903, p. 178. 8ee Appendix, Code of Civil iTocedure, p. 1959. I 1863 SUPEEME COURT LIBRARY — SURVEYORS. Acts 3974-3991 TITLE 505. SUPEEME COURT LIBRARY. ACT 3974. To provide a law library for the supreme court. [Stats. 1867-68, p. 659.] Superseded by Political Code, §§ 2313-2316. ACT 3975. To authorize the justices of the supreme court to appoint a librarian for said court, and fixing a salary. [Stats. 1893, p. 132.] TITLE 506. SUPREME COURT REPORTER. ACT 3980. Providing for the appointment of a deputy supreme court reporter. [Stats. 1881, p. 9.] Repealed 1905, p. 210. TITLE 507. SURVEYOR-GENERAL. ACT 3985. Authorizing the state surveyor general to furnish his office anci vault therein, and making an appropriation therefor. [Stats. 1903, p. 252.] TITLE 508. SURVEYORS. ACT 3990. An act to define the duties of and to license land surveyors. [Approved March 31, 1891 . Stats. 1891, p. 478.] Amended 1903, p. 267. Repealed 1907, p. 310. See next act. Citations. Cal. 104/67; 142/588. ACT 3991. An act to define the duties of and to license land surveyor?, and to repeal an act entitled, "An act to define the duties of and to license land surveyors," approved March 31, 1891.] [Approved March 16, 1907. Stats. 1907, p. 310.] Requirements to receive license. § 1. Every person desiring to become a licensed land surveyor in this state must present to the state surveyor general of this state a certificate that he is a person of good moral character; also a certificate signed by three licensed surveyors, which certificate shall set forth that the person named therein is, in the opinion of the person signing the same, a fit and competent person to receive a license as a land sur- veyor, 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. Act 3991, §§ 2-8 GENERAL LAWS. 13G4 Surveyor general to issue license. § 2. Upon receipt of such certificate and oath by the state surveyor general, it shall be his duty to forthwith issue to such applicant a license, 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. Contents. § 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), or if he is not a graduate, the fact must be stated in the license; his birthplace, age, and to whom issued; the names of the licensed surveyors upon whose certificate the license is issued, and the date of its issuance. Lists to be sent to county recorders. § 4. All papers received by the state surveyor 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 recorder of each county in this state a full and correct list of all persons so licensed; and it is hereby made the duty of such recorders to keep such lists in their offices in such way as they may be easily accessible to all persons. Seal of office. § 5. Every licensed surveyor shall have a seal of office, the impression of which must contain the name of the surveyor, his principal place of business, and the words "licensed surveyor"; and all maps and papers signed by him, and to which said seal has been attached, shall be prima facie evidence in all the courts of this state. Term of license. §6. Surveyors' licenses issued in accordance with this act, shall re- main in force until revoked for cause, as hereinafter provided. May administer oaths. § 7. Every licensed surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or estab- lish old or lost corners; or if a corner or monument be found in a per- ishable condition, and it appears desirable that evidence concerning such corner or monument be perpetuated; or whenever the importance of the 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 part oif the field-notes of the survey. Duty of surveyors. § 8. Every licensed surveyor is hereby authorized 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 each surveyor, whenever making any such sur- 1365 SURVEYORS. Act 3991, §§ 9-11 veys, except those relating to the retracing or subdivision of cemetery or town lots, whether the survey be made for private persons, corpora- tions, cities, or counties, to set permanent and reliable monuments, and such monuments must be permanently marked with the initials of the survej'or setting them. Record of surveys. What record must show. §9. Within sixty days after a survey relating to the sale or sub- division of lands, the retracing or establishing of property and boundary lines, public roads or trails, original cemetery or townsites, and their subdivisions has been made by a licensed surveyor, he shall file with the recorder of the county in which such survey or any portion thereof lies, a record of survey. Such record shall be made in a good draughtsman- like manner, on one or more sheets of firm paper of the uniform size of twenty-one by thirty inches. This record of survey shall be either an original plat or a copy thereof, and must contain all the data necessary to enable any competent practical surveyor to retrace the survey. The record of survey must show: All permanent monuments set, describing their size, kind' and location, with reference to the corners which they are intended to perpetuate; all bearing or witness trees marked in the field; complete outlines of the several tracts or parcels of land surveyed within courses, and lengths of boundary lines; the angles, as measured by Vernier readings, which the lines of blocks or lots, if the record relate to an original townsite survey, make with each other and with the center lines of adjacent streets, alleys, roads, or lanes; the variations of the magnetic needle with which old lines have been retraced; the scale of the map, the date of survey; a proper connection with one or more points of an original or larger tract of land, and the name of the same; the name of the grant or grants, or of the township and ranges, within which the survey is located; the signature and seal of the sur- veyor; provided, that nothing in this section shall require record to be made of surveys of a preliminary nature, where no monuments or corners are established. County recorder to index records of surveys. § 10. 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 pur- pose, and he must keep a proper index of such records, by name of owner, by name of surveyor, by name of grant, city, or town, and by United States subdivisions; and in all cases where such maps, plats, diagrams, or descriptions are filed by a state licensed land surveyor the county recorder shall make no charge for filing and indexing such records of surveys. Revocation of licemse. § 11. It shall be the duty of the county surveyor of each county, immediately on ascertaining that any licensed surveyor has failed to comply with the requirements of this act, to furnish the surveyor general with satisfactory proofs of such fact. Upon receipt of such proofs, the Act 3993 GENERAL LAWS. 1366 state surveyor general must revoke his license, and no other license shall be issued to him within one year from such revocation. A violation of section 9 of this act shall be a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed one hundred dollars, or imprisonment in the county jail not exceeding thirty days. Fees of surveyor general. § 12. The surveyor general shall receive a fee of ten dollars for each license, and five dollars for each duplicate license, issued by him; the fees so received to be paid into the state treasury to the credit of the general fund as provided in section 3574 of the Political Code. Repeal of prior acts. § 13. An act entitled "An act to define the duties of and to license land surveyors," approved March 31, 1891, and all other acts, and parts of acts, in conflict with this act, are hereby repealed, § 14. This act shall take effect immediately. TITLE 509. SUEVEYS. ACT 3993. An act to further perpetuate the markings of the government survey. [Approved March 18, 1905. Stats. 1905, p. 102.] § 1. "When in the performance of his official duties any county sur- veyor shall find a government corner which has been marked by any government surveyor by placing charcoal in the ground, or by a wooden stake, earth mound, or other perishable monument, it shall be his duty, to remark said corner by placing therein a monument of heavily galvan- ized iron pipe or galvanized iron stake not less than two inches in diameter and not less than two feet long, or other monument not less in size and equally imperishable. § 2. All such monuments located in public highways shall be placed with the top not less than twelve inches below the surface of the ground, but when not located in public highways, they shall be placed with the top six inches above the surface of the ground. If the top of the monu- ment is placed above the ground, it shall be not less than four feet long, if of metal. §3. The surveyor shall note witness objects that are within a reason- able distance of any corner, and state distance and course from said corner, and record the same in a properly indexed record-book kept in the county surveyor's office, which shall be a public record. §4. All boards of supervisors are required to furnish all necessary pipes or stakes for monuments for their respective counties without cost, on demand. 1367 SUTTER COUNTY. Acts 3995-4004 TITLE 510. SUTTEE COUNTY. ACT 3995. Auditor and treasurer of to cancel certain certificates of the register of the state land office and certain controllers' warrants. [Stats. 1877-78, p. 324.] ACT 3996. Authorizing the transfer of funds. [Stats. 1875-76, p. 249.] "Superseded by subd. 18, § 25, County Government Act, 1897, p. 463." — Code Commissioners' Note. ACT 3997. To authorize the transfer of certain funds in. [Stats. 1877-78, p. 1020.] This act authorized the transfer of funds from the road district fund to the school fund on the petition of a majority of the taxpayers. ACT 3998. To provide for a separate judge for each of the counties of Tuba and Sutter. [Stats. 1897, p. 48.] ACT 3999. To provide for the protection of certain lands in from overflow. [Stats. 1867-68, p. 316.] Amended 1871-72, p. 307. Supplemented 1871-72, p. 734. "Unconstitutional as to §21. (Brandenstein v. Hoke, 101 Cal. 131; Wilson V. Supervisors, 47 Cal. 91." — Code Commissioner's Note. See, also. People T. Whyter, 41 Cal. 351; Moulton v. Parks, 64 Cal. 166, 182. Citations. Cal. 47/92 ; 51/407; 62/546; 64/179; 92/311; 131/31. ACT 4000. Authorizing transcribing of records in. [Stats. 1858, p. 205.] ACT 4001. Beads and highways in. [Stats. 1873-74, p. 573.] Repealed 1883, p. 5, c. X, § 2. ACT 4002. School trustees, fi,sing time for election of. [Stats. 1875-76, p. 141.] Repealed by Political Code, § 1593, as amended 1893, p. 247. Consult, also, the following: ACT 4003. Relating to levee district No. 1. [Approved March 19, 1889. Stats. 18S9, p. 355.] Amending the act of 1873-74, p. 511. ACT 4004. Eelating to swamp land district seventy. [Approved March 10, 1891. Stats. 1891, p. 62.] Amending act of 1877-78, p. 580. See post. Act 4008. Acts 4005-4020 GENERAL LAWS. 1368 ACT 4005. Amending the act authorizing supervisors to construct bridge across Feather Eiver. [Approved March 19, 1889. Stats. 1889, p. 323.] ACT 4006. An act to reorganize swamp land district number seventy, of Sutter county, and to provide for the construction, maintenance and re- pairs of levees therein. [Approved March 27, 1878. Stats. 1877-78. p. 580.] ' Amended 1891, p. 62. Repealed 1907, p. 16. TITLE 511. SUTTEE CEEEK. ACT 4010. Town of, incorporating. [Stats. 1873-74, p. 887.] Repealed 1875-76, p. 40. ACT 4011. Amador County, preventing hogs and goats running at large in. [Stats. 1875-76, p. 402.] Repealed 1897, p. 198. TITLE 512. SUTTEE'S FOET. ACT 4016. To provide for the acquisition of Sutter's Fort and appointing trustees therefor. [Stats. 1891, p. 25.] Amended 1907, p. 838. ACT 4017. For the appointment of a guardian of Sutter's Fort, and prescribing his duties. [Stats. 1895, p. 56.] Amended 1905, p. 171; 1909, p. 581. ACT 4018. An act authorizing the board of Sutter's Fort trustees to appoint a gar- dener for the purpose of caring for the grounds around Sutter's Fort, and providing for the compensation of said gardener. [Ap- proved March 21, 1907. Stats. 1907, p. 776.] ACT 4019. An act providing for an assistant gardener for Sutter's Fort. [Approved April 14, 1909. Stats. 1909, p. 893.] ACT 4020. An act to grant permission to the "Sacramento Society of California Pioneers" to erect a memorial building on the grounds of the Sutter's 1369 SWAMP AND OVERFLOWED LANDS. Acts 4021-4028 Fort Park in Sacrameuto City. [Approved March 15, 1907. Stats. 1907, p. 296.] ACT 4021. An act authorizing the board of Sutter's Fort trustees to improve a certain street in the city of Sacramento, to wit: Twenty-sixth Street from the south line of K Street to the north line of L Street, and to make an appropriation therefor. [Approved March 8, 1907. Stats. 1907, p. 184.] TITLE 513. SWAMP AND OVERFLOWED LANDS. ACT 4022. To provide for the proper distribution, in the several county treasuries, of furids arising from the sale of swamp lands. [Approved March 28, 1874. Stats. 1873-74, p. 770.] ACT 4023. Fresno and Kern counties, providing for determining rights in certain swamp and overflowed lands in. [Stats. 1877-78, p. 358.] Citations. Cal. 61/192; 66/566, 568, 569. ACT 4024. State treasury, providing for payment of certain controller's swamp land warrants. [Stats. 1871-72, p. 873.] This act pledged payments on swamp lands to the redemption of warrants. ACT 4025. Quieting title to certain lands. [Stats. 1873-74, p. 803.] This act confirmed the title of certain swamp lands to J. P. Counts and Myron Smith. ACT 4026. Providing for the dissolution and annulment of swamp and overflowed land reclamation districts and protection districts for nonuser of corporate powers. [Approved February 17, 1899. Stats. 1899, p. 13.] ACT 4027. Td declare certain tide lands public grounds, and granting the same to the county of San Mateo in trust for the use of the public. [Ap- proved February 27, 1893. Stats. 1893, p. 42.] ACT 4028. Quitclaiming to the successors iu interest of James Bowman all claim of the state in "Water Lot No. 415," in San Francisco. [Approved March 11, 1893. Stats. 1893, p. 151.] Acts 4029-4032 GENERAL LAWS. 1370 ACT 4029. An act to determine that landg 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.] § 1. Lands within this state which have been or may hereafter be returned by the United 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 affect 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 rights of any settler now or hereafter located' upon said lands to perfect title to the same, if permitted under existing laws. § 2. This act shall take effect from and after its passage. ACT 4030. Quitclaiming to the successors in interest of Sallie C. Perry all claim of the state of California in that certain tract of land in the city and county of San Francisco known as "City Slip Lot number one hun- dred and sixteen," and empowering and directing the governor to execute a deed of quitclaim therefor to said successors in interest of said Sallie C. Perry. [Approved March 9, 1893. Stats. 1893, p. 102.] ACT 4031. An act regulating the sale of the lands uncovered by the recession or drainage of the waters of inland lakes, and unsegregated swamp and overflowed lands, and validating sales and surveys heretofore made. [Approved March 24, 1893. Stats. 1893, p. 341.] Amended 1899, p. 182. Citations. Cal. 121/505; 136/492, 494, 497; 143/327, 328, 330, 332; 150/5. App. 5/600, 601, 603; 6/140, 708, 710, 711, 712. Codified by §§ 3493m-3493t of Political Code. ACT 4032. An act to abolish the state board of tide land commissioners, and to repeal sections 365 and 698 of the Political Code. [Approved February 4, 1876. Amendments 1875-76, p. 15.] §1. The state board of tide land commissioners is hereby abolished. §2. All books, maps, papers, and documents belonging to the archives of said board, and all other property of the state- under its custody, must be deposited with and kept and preserved by the surveyor general of the state. 1371 TAXATION. Acts 4033-4035 § 3. Sections 365 and 698 of the Political Code are hereby repealed. § 4. An act entitled "An act supplementary to and amendatory of An act supplementary to and amendatory of an act entitled An act to survey and dispose of certain salt marsh and tide lands belonging to the state of California," approved March 30, 1868, also an act approved April 1, 1870, approved March 30, 1874, is hereby repealed. § 5. This act shall take effect and be in force from and after its passage. ACT 4033. To survey and dispose of certain salt marsh and tide lands belonging to the state. [Stats. 1867-68, p. 716.] Supplemented and amended 1860-70, p. 541; 1873-74, p. 858. Was continued in force by § 3488, Political Code. See, however, subd. 4 of the act of 1875- 76, p. 15, Act 4032, ante. See, also, Act 2858, ante. TITLE 514. TAXATION. ACT 4034. An act to authorize the controller of state to appoint an inheritance tax deputy, prescribing his duties, and making an appropriation there- for. [Approved March 20, 1909. Stats. 1909, p. 557.] ACT 4035. An act to establish a tax on gifts, legacies, inheritances, bequests, de- vises, successions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforce- ment of liens created by this act and for suits to quiet title against claims of lien arising hereunder; to repeal an act entitled "An act to establish a tax on collateral inheritances, bequests, and devises, to provide for the collection, and to direct the disposition of its proceeds," approved March 23, 1893, and all amendments thereto, and all acts and parts of acts in conflict with this act. [Approved March 20, 1905. Stats. 1905, p. 341.] Citations. Cal. 149/523, 524, 525, 526, 528, 530; 153/39, 226, 228, 230, 365, 717. App. 6/745, 746, 747; 8/132, 133. See Trippett v. State, 149 Cal. 521. § 1. All property which shall pass, by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state, or any interest therein, or income therefrom, which shall be transferred by deed, grant, sale, or gift, made in contemplation of the death of the grantor, vendor or bargainor, or intended to take effect in possession or enjoyment after such death, to any person or persons, or to any body politic or corporate, in trust or Act 4035, § 2 GENERAL LAWS, 1372 otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled, in possession or expectancy, to any property, or to the income thereof, shall be and is subject to a tax here- inafter provided for, to be paid to the treasurer of the proper county, as hereinafter directed, for the use of the state; and such tax shall be and remain a lien upon the property passed or transferred until paid and the person to whom the property passes or is transferred and all adminis- trators, executors, and trustees of every estate so transferred or passed shall be liable for any and all such taxes until the same shall have been paid as hereinafter directed. The tax so imposed shall be upon the market value of such property at the rates hereinafter prescribed and only upon the excess over the exemptions hereinafter granted. Whenever any person or corporation shall exercise a power of appoint- ment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates be- longed absolutely to the donee of such power and had been bequeathed or devised by such donee by will; and whenever any person or corpora- tion possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part, a transfer taxable under the provisions of this act shall be deemed to take place to the extent of such omissions or failure, in the same manner as though the persons or corporations thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, taking effect at the time of such omission or failure. § 2. When the property or any beneficial interest therein so passed or transferred exceeds in value the exemption hereinafter specified and shall not exceed in value twenty-five thousand dollars the tax hereby imposed shall be: (1.) Where the person or persons entitled to any beneficial interest in such property shall be the husband, wife, lineal issue, lineal ancestor of the decedent, or any child adopted as such in conformity with the laws of this state, or any child to whom such decedent for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent, provided, however, such relationship began at or before the child's fifteenth birthday, and was continuous for said ten years thereafter, or any lineal issue of such adopted or mutually ac- knowledged child, at the rate of one per centum of the clear value of such interest in such property. (2.) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister or a descendant of a brother or sister of the decedent, a wife or widow of a son, or the husband of a daughter of the decedent, at the rate of one and one-half per centum of the clear value of such interest in such property. (3.) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother, or 1373 TAXATION. Act 4035, §§3 4 a descendant of a brother or gister of the father or mother of the dece- dent, at the rate of three per centum of the clear value of such interest in such property. (4.) Where the person or persons entitled to any beneficial interests in such property shall be the brother or sister of the grandfather or grand- mother or a descendant of the brother or sister of the grandfather or grandmother of the decedent, at the rate of four per centum of the clear value of such interest in such property. (5.) Where the person or persons entitled to any beneficial interest in such property shall be in any other degree of collateral consanguinity than is heretofore stated, or shall be a stranger in blood to the decedent, or shall be a body politic or corporate, at the rate of five per centum of the clear value of such interest in such property. §3. The foregoing rates in section 2 are for convenience termed the primary rates. When the market value of such property or interest exceeds tTventy-five thousand dollars, the rates of tax upon such excess shall be as follows: (1.) Upon all in excess of $25,000 and up to $50,000, one and one-half times the primary rates. (2.) Upon all in excess of $50,000 and up to $100,000, two times the primary rates. (3.) Upon all in excess of $100,000 and up to $500,000, two and one- half times the primary rates. (4.) Upon all in excess of $500,000, three times the primary rates. §4. The following exemptions from the tax are hereby allowed: (1.) All property transferred to societies, corporations, and institu- tions now or hereafter exempted by law from taxation, or any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educational, public, or other like work (pecuniary profit not being its object or pur- pose), or to any person, society, corporation, institution, or association of persons in trust for or to be devoted to any charitable, benevolent, educational, or public purpose, by reason whereof any such person or corporation shall become beneficially entitled, in possession or expectancy, to any such property or to the income thereof shall be exempt. (2.) Property of the clear value of ten thousand ($10,000) dollars transferred to the widow or to a minor child of the decedent, and ot four thousand ($4,000) dollars transferred to each of the other persons described in the first subdivision of section 2 shall be exempt. (3.) Property of the clear value of two thousand ($2,000) dollars transferred to each of the persons described in the second subdivision of section 2 shall be exempt. (4.) Property of the clear value of one thousand five hundred ($1,500) dollars transferred to each of the persons described in the third sub- division of section 2 shall be exempt. (5.) Property of the clear value of one thousand ($1,000) dollars transferred to each of the persons described in the fourth subdivision of section 2 shall be exempt. Act 4035, §§ 5-7 GENERAL LAWS. 1374 (6.) Property of the clear value of five hundred ($500) dollars transferred to each of the persons and corporations described in the fifth subdivision of section 2 shall be exempt. § 5. When any grant, gift, legacy, or succession upon which a tax is imposed by section 1 of this act shall be an estate, income, or interest for a term of years, or for life, or determinable upon any future or contingent event, or shall be a remainder, reversion, or other, expectancy, real or personal, the entire property or fund by which such estate, in- come, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the decedent, and the market value thereof determined, in the manner provided in section 14 of this act, and the tax prescribed by this act shall be immediately due and pay- able to the treasurer of the proper county, and together with the interest thereon, shall be and remain a lien on said property until the same is paid; provided, that the person or persons, or body politic or corporate, beneficially interested in the property chargeable with said tax, may elect not to pay the same until they shall come into the actual possession or enjoyment of such property, and in that case such person or persons, or body politic or corporate, shall execute a bond to the people of the state of California, in a penalty of twice the 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 full and verified return of such property to said court, and file the same in the office of the county clerk within one year from the death of the decedent, and within that period enter into such security, and renew the same every five years. § 6. Whenever a decedent appoints or names one or more executors or trustees, and makes a bequest or devise of property to them in lieu of commissions or allowances, which otherwise would be liable to said tax, or appoints them his residuary legatees, and said bequest, devises, or residuary legacies exceed what would be a reasonable compensation for their services, such excess over and above the exemptions herein provided for shall be liable to said tax; and the superior court in which the probate proceedings are pending shall fix the compensation. §7. 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 interest shall be charged and collected thereon, but if not so paid, interest at the rate of ten per centum per annum shall be charged and collected from the time said tax accrued; provided, that if said tax is paid within six months from the accruing thereof a discount of five per centum shall be allowed and deducted from said tax. And in all cases where the executors, adminis- trators, or trustees do not pay such tax within eighteen months from the death of the decedent, they shall be required to give a bond in the 1375 + TAXATION. Act 4035, §§ 8-1] form and to the effect prescribed in gection 5 of this. act for the pay- ment of said tax, together with interest. § 8. The penalty of ten per cent per annum imposed by section 7 hereof, for the nonpayment of said tax, shall not be charged iil cases where, in the judgment of the court, by reason of claims made upon the estate, necessary litigation, or other unavoidable cause of delay, the estate of any decedent, or a part thereof, cannot be settled at the end of -eighteen months from the death of the decedent; and in such cases only seven per cent per annum shall be charged upon the said tax from the expiration of said eighteen months until the cause of such delay is removed, after which ten per cent interest per annum shall again be charged until the tax is paid; but litigation to defeat the payment of the tax shall not be considered necessary litigation. § 9. Any administrator, executor, or trustee having in charge or trust any legacy or property for distribution, subject to the said tax, shall deduct the tax therefrom, or if the legacy or property be not money he shall collect the tax thereon, upon the market value thereof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, any specific legacy or property subject to tax to any person until he shall have collected the tax thereon; and whenever any such legacy shall be charged upon or payable out of real estate, the executor, administrator, or trustee shall collect said tax from the distributee thereof, and the same shall remain 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 apportionment, if the case require it, of the sum to be paid into his hands by such legatees, and for such further order relative thereto as the case may require. § 10. All executors, administrators, and trustees shall have full power to sell so much of the property of the decedent as will enable them to pay said tax, in the same manner as they may be enabled by law to do for the payment of debts of the estate, and the amount of said tax shall be paid as hereinafter directed. § 11. Every sum of money retained by an executor, administrator, or trustee, or paid into his hands, for any tax on property, shall be paid by him, within thirty days thereafter, to the treasurer of the county in which the probate proceedings are pending, and the said treasurer shall give, and every executor, or administrator, or trustee shall take dupli- cate 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, administrator, or trustee, whereupon it shall be a proper voucher in the settlement of his accounts; and an executor, administrator, Act 4035, §§ 12, 13 GENERAL LAWS, 1376 or trustee shall not be entitled to credits in his accounts, nor be dis- charged 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, and file the same with the court. § 12. Whenever any debts shall be proven against the estate of a de- cedent after the payment of legacies or distribution of property from which the said tax has been deducted or upon which it has been paid, and a refund is made by the legatee, devisee, heir, or next of kin, a proportion of the tax so deducted or paid shall be repaid to him by the executor, administrator, or trustee, if the said tax has not been paid to the county treasurer or to the state controller, or by them, if it has been so paid. § 13. If a foreign executor, administrator or trustee shall assign or transfer any stock or obligations in this state standing in the name of a decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the treasurer of the proper county on the transfer thereof. No safe deposit company, trust company, corporation, bank or other institution, person or persons having in possession or under con- trol securities, deposits, or other assets of a decedent, including the shares of the capital stock of, or other interests in, the safe deposit company, trust company, corporation, bank or other institution making the de- livery or transfer herein provided, shall deliver or transfer the same to the executors, administrators or legal representatives of said decedent, or upon their order or request, unless notice of the time and place of such intended delivery or transfer be served upon the county treasurer at least ten days prior to said delivery or transfer; nor shall any such safe deposit company, trust company, corporation, bank or other institu- tion, person or persons deliver or transfer any securities, deposits or other assets of the estate of a nonresident decedent including the shares of the capital stock of or other interests in, the safe deposit company, trust company, corporation, bank or other institution, making the de- livery or transfer, without retaining a sufficient portion or amount thereof to pay any tax and penalty which may thereafter be assessed on account of the delivery or transfer of such securities, deposits, or other as- sets including the shares of the capital stock of or other interests in, the safe deposit company, trust company, corporation, bank or other insti- tution making the delivery or transfer, under the provisions of this act, unless the county treasurer consents thereto in writing. And it sliall be lawful for the said county treasurer, personally, or by representative, to examine said securities, deposits or assets at the time of such delivery or transfer. Failure to serve such notice and to allow such examina- tion, and to retain a sufficient portion or amount to pay such tax and penalty as herein provided, shall render said safe deposit company, trust company, corporation, bank or other institution, person or persons liable to the payment of two times the amount of the tax and penalty due or thereafter to become due upon said securities, deposits or other 1377 TAXATION. Act 4035, §§ 14, 15 assets, including the shares of the capital stock of, or other interests in, the safe deposit company, trust company, corporation, bank or other institution, making the delivery or transfer; and the payment as herein provided shall be enforced in an action brought in accordance with the provisions of section 17 of this chapter, § 14. When the value of any inheritance, devise, bequest, or other interest subject to tlio payment of said tax is uncertain, the superior court in which the probate proceedings are pending, on the application of any interested party, or upon its own motion, shall appoint some com- petent person as appraiser, as often as and whenever occasion may re- quire, whose duty it shall be forthwith to give such notice, by mail, to all persons known to have or claim an interest in such property, and to such persons as the court may by order direct, of the time and place at which he will appraise such property, and at such time and place to appraise the same and make a report thereof, in writing, to said court, together with such other facts in relation thereto as said court may by order require to be filed with the clerk of said court; and from this report the said court shall, by order, forthwith assess and fix the market value of all inheritances, devises, bequests, or other interests, and the tax to which the same is liable, and shall immediately cause notice thereof to be given, by mail, to all parties known to be interested therein; and the value of every future or contingent or limited estate, income, or in- terest shall, for the purposes of this act, be determined by the rule, method, and standards of mortality and of value that are set forth in the actuaries' combined experience tables of mortality for ascertaining the value of policies of life insurance and annuities, and for the determina- tion of the liabilities of life insurance companies, save that the rate of interest to be assessed in computing the present value of all future in- terests and contingencies shall be five per centum per annum; and the insurance commissioner shall, on the application of said court, determine the value of such future or -contingent or limited estate, income, or in- terest, upon the facts contained in such report, and certify the same to the court, and his certificate shall be conclusive evidence that the method of computation adopted therein is correct. The said appraiser shall be paid by the county treasurer out of any funds that he may have in his hands on account of said tax, on presentation of a sworn itemized account and on the certificate of the court at the rate of five dollars per day for every day actually and necessarily employed in said appraisement, together with his actual and necessary traveling expenses. § 15. Any appraiser appointed by virtue of this act who shall take any fee or reward from any executor, administrator, trustee, legatee, next of kin, or heir of any decedent, or from any other person liable to pay said tax, or any portion thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred and fifty dollars nor more than five hundred dollars, or imprisoned in the county jail ninety daj'S, or both, and in addition thereto the court shall dismiss him from such service. Gen. Laws — 87 Act 4035, §§ 16-19 GENERAL LAWS. 1878 § 16. The superior court in the county in which is situate the real property of a decedent who was not a resident of the state, or if there be no real property, then in the county in which any of the personal property of such nonresident is situate, or 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 court first acquiring jurisdiction hereunder shall retain the same, to the exclusion of every other. § 17. 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 or any person or corporation liable under the law for the payment of said tax to appear before the court on a day certain, not more than ten weeks after the date of such citation, and show cause why said tax should not be paid. The service of such citation, and the time, manner, and proof thereof, and the hearing and determination thereon, and the enforcement of the determination or decree, shall conform to the provisions of Chapter XII, of Title XI, of Part III, of the Code of Civil Procedure; and the clerk of the court shall, upon the request of the district attornej^ or treasurer of the county, fur- nish, 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 manner and with the same effect as pro- vided by section 674 of said Code of Civil Procedure for filing a tran- script of an original docket. § 18. Whenever the treasurer of any county shall have reason to be- lieve that any tax is due and unpaid under this act, after the refusal or neglect of the persons interested in the property liable to said tax to pay the same, he shall notify the district attorney of the 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 sec- tion 17 of this act, for the enforcement and collection of such tax. § 19. The controller of state shall furnish to each county clerk a book, which shall be a public record, and in which he shall enter the name of every decedent upon whose estate an application has been made to the superior court for the issuance of letters of administration, or letters testamentary, or ancillary letters, the date and place of death of such decedent, the estimated value of his real and personal property, the names, places of residence, and relationship to him of his heirs at law, the name and places of residence of the legatees and devisees in any will of any such decedent, the amount of each legacy and the estimated value of any real property devised therein, and to whom devised. These entries shall be made from the data contained in the papers filed on any such applica- tion, or in any proceeding relating to the estate of the decedent. The county clerk shall also enter in such book the amount of personal prop- 1379 TAXATION. Act 4035, §§ 20-24 erty of any such decedent, as shown by the inventory thereof when made and filed in his ofiice, and the returns made by any appraiser appointed by the court under this statute, and the value of annuities, life estates, terms of years, and other property of such decedent, or given by him in his will or otherwise, as fixed by the superior court, and the tax assessed thereon, and the amounts of any receipts for payment of any tax on the estate of such decedent under this statute filed with him. The county clerk shall, on the first day of January, April, July and October of each year make a report, in duplicate, upon forms to be furnished by the con- troller of the state, containing all the data and matters required to be entered in such book, and also of the property from which, or the party from which, he has reason to believe the tax under this act is due and unpaid, one of which shall be immediately delivered to the county treas- urer and the other transmitted to the state controller. § 20. Whenever the superior court of any county shall certify that there was probable cause for issuing a citation and taking the proceed- ings specified in section 17 of this act, the state treasurer shall pay, or allow to the treasurer of any county, all expenses incurred for services of citation, and his other lawful disbursements that have not otherwise been paid. § 21. The treasurer of each county shall collect and pay the state treasurer all taxes that may be due and payable under this act, who shall give him a receipt therefor; of which collection and payment he shall make a report, under oath, to the controller, between the first and fif- teenth days of May and December of each year, stating for what esiate 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. § 22. The treasurer of each county shall be allowed to retain, on all taxes paid and accounted for by him each year under this act, in addition to his salary or fees now allowed by law, three per centum on the first fifty thousand dollars so paid and accounted for by him, one and one- half per centum on the next fifty thousand dollars so paid and accounted for by him, and one-half of one per centum on all additional sums so paid and accounted for by him. §23. The treasurer of each county, in his discretion, for the better furtherance of the purposes of this act, shall be allowed to employ such special attorney or attorneys, as he may deem necessary, who shall have all of the authority conferred upon the district attorney by sections 17 and 18 of this act, and such attorney shall be paid for his services out of the fees now allowed the treasurer as provided in section 22 of this act, and that in no case shall such compensation exceed the per centum allowed as Buch fees. § 24. Any person, or body politic or corporate, shall, upon payment of the sum of fifty cents,' be entitled to a receipt from the county treas- Act 4035, §§ 25-29 GENERAL LAWS. 1380 urer of any county, or a copy of the receipt, at his option, that may have been given by said treasurer for the payment of any tax under this act, to be sealed with the seal of his office, which receipt shall designate on what real property, if any, of which any decedent may have died seised, said tax has been paid, and by whom paid, and whether or not it is in full of said tax; and said receipt may be recorded in the clerk'3 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 "inheritance tax." §25. All taxes levied and collected under this act, up to the amount of $250,000 annually, shall be paid into the treasury of the state, for the uses of the state school fund, and all taxes levied and" collected in excess of $250,000 annually shall be paid into the state treasury to the credit of the general fund thereof. § 26. Every officer who fails or refuses to perform, within a reason- able time, any and every duty required by the provisions of this act, or who fails or refuses to make and deliver within a reasonable time any statement or record required by this act, shall forfeit to the state of California the sum of one thousand dollars, to be recovered in an action brought by the attorney general in the name of the people of the state on the relation of the controller. § 27, An act entitled "An act to establish a tax on collateral inherit- ances, bequests and devises, to provide for its collection, and to direct the disposition of the proceeds," approved March 23, 1893, and all amend- ments thereto, and all acts and parts of acts in conflict with this act are hereby expressly repealed. § 28. The words "estate" and "property" as used in this act shall be taken to mean the real and personal property or interest therein of the testator, intestate, grantor, bargainor, vendor, or donor passing or trans- ferred to individual legatees, devisees, heirs, next of kin, grantees, donees, vendees, or successors, and shall include all personal property within or without the state. The word "transfer" as used in this act shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appoint- ment in the manner herein described. The word "decedent" as used in this act shall include the testator, intestate, grantor, bargainor, vendor, or donor. §29. In all cases where any tax has become or shall hereafter become a lien upon any property under or by virtue of any of the provisions of this act the district attorney of the county in which the estate of the decedent mentioned in this act is being administered, or has been admin- istered in probate proceedings, may, whenever any property of said estate has been distributed without the payment to the state of all or any part of the taxes payable on account thereof under this act, bring and prose- 1381 TAXATION. Act 4035, § 29 cute an action or actions in the name of the state as plaintiff, for the purpose of enforcing such lien or liens against all or any of the property subject thereto. In any such action the owner of any property or of any interest in property against which the lien of any such tax is sought to be enforced, and any predecessor in interest of any such owner whose title or interest was deraigned through any such decedent bj' will or succession or by decree of distribution of the estate of such decedent, and any lienor or encumbrancer subsequent to the lieu of such tax may be made a party defendant. The enumeration in this section of the persons who may be made defendants shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. (a) Actions may be brought against the state for the purpose of quiet- ing the title to any property, against the lien or claim of lien of any tax or taxes under this act, or for the purpose of having it determined that any property is not subject to any lien for taxes under this act. In any such action, the plaintiffs may be any administrator or executor of the estate or will of any decedent, whether the said estate shall have been fully administered and estate settled and closed or not, and any heir, legatee or devisee of any such decedent, or trustee of the estate or of any part of the estate of such decedent, or distributee of the estate or of any part of the estate of any such decedent, and any assignee, grantee or successor in interest of any of such persons, and all or any other persons who might be made parties defendant in any action brought by the state under the provisions of this section, and notwithstanding that all or any of the persons enumerated in this section shall or may have assigned, granted, conveyed or otherwise parted with all or any interest in or title to the property, or any thereof, involved in any such claim or lien before the commencement of such action. All or any of the persons in this action enumerated may be joined or united as parties plaintiff. The enumeration in this section of the persons who may be made parties shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. In all cases any person who might properly be a party plaintiff in any such action who refuses to join as plaintiff may be made a defendant. (b) All actions under this section shall be commenced in the superior court of the county in which is situated any part of any real property against which any lien is sought to be enforced, or to which title is sought to be quieted against any lien, or claim of lien; but if in said action no lien against real property is sought to be enforced, the action shall be brought in the superior court of the county which has or which had jurisdiction of the administration of the estate of the decedent men- tioned herein. (c) Service of summons in the actions brought against the state shall be made on the secretary of state and on the district attorney of the county in which the estate of the decedent mentioned herein is being administered, or has been administered in probate proceedings, and it shall be the duty of said district attorney to defend all such actions. Act 4036 GENERAL LAWS. 1382 ^ (d) The procedure and practice in all actions brought under this sec- tion, except as otherwise provided in this act, shall be governed by the provisions of the Code of Civil Procedure in relation to civil actions, so far as the same shall or may be applicable, including all provisions relating to motions for new trials and appeals. (e) The remedies provided in this section shall be in addition to and not exclusive of any remedies provided in the sections preceding this section. § 30. This act shall take effect and be in force from and after July 1, 1905. ACT 4036. An act authorizing the bringing of actions on behalf of the state for the purpose of enforcing the lien or liens of taxes under an act en- titled "An act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of the proceeds," approved March 23, 1893, and the several acts amendatory thereof; and to authorize the bringing and prosecution of actions against the state, for the purpose of quieting title against claims of liens made by or upon behalf of the state under the said act and the acts amendatory thereof, and to regulate the procedure in such actions. [Approved March 20, 1905. Stats. 1905, p. 374.] Citations. Cal. 149/523, 530. App. 6/746, 747. § 1. In all cases where any tax has become or shall hereafter become a lien upon any property under or by virtue of any of the provisions of an act entitled "An act to establish a tax on collateral inheritances, bequests and devises, to provide for its collection and to direct the disposition of the proceeds," approved March 23, 1893, and the several acts amendatory thereof, the district attorney of the county in which the estate of the decedent mentioned in said act and the acts amendatory thereof is being administered or has been administered in probate pro- ceedings, may, whenever any property of said estate has been distributed without the payment to the state of all or any part of the taxes payable on account thereof under said act and the acts amendatory thereof, bring and prosecute an action or actions in the name of the state as plaintiff, for the purpose of enforcing such lien or liens against all or any of the property subject thereto. In any such action the owner of any property or of any interest in property against which the lien of any such tax is sought to be enforced, and any predecessor in interest of any such owner whose title or interest was deraigned through any such decedent by will or succession or by decree of distribution of the estate of such decedent, and any lienor or efacumbrancer subsequent to the lien of such tax may be made a party defendant. The enumeration in this section of the persons who may be made defendants shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except 1383 TAXATION. Act 4036, §§ 2-5 when otherwise herein provided, shall be governed by the rules in equity in similar cases. § 2. Actions may be brought against the state for the purpose of quieting the title to any property, against the lien or claim of any tax or taxes under said act of March 23, 1893, and the several acts ameuda- torj' thereof, or for the purpose of having it determined that any property is not subject to any lien for taxes under said act and the acts amenda- tory thereof. In any such action, the plaintiffs may be any administra- tor or executor of the estate or will of any decedent who has died since the said act of March 23, 1893, went into effect, or who may hereafter die, whether the said estate shall have been fully administered and the estate settled and closed or not, and any heir, legatee or devisee of any such decedent, or trustee of the estate or of any part of the estate of such decedent, or distributee of the estate or of any part of the estate of any such decedent, and any assignee, grantee or successor in interest of any of such persons, and all or any other persons who might be made parties defendant in any action brought under the provisions of section 1 of this act, and notwithstanding that all or any of the persons enumer- ated in this section shall or may have assigned, granted, conveyed or otherwise parted with all or any interest in or title to the property, or any thereof, involved in any such claim of lien before the commencement of such action. All or any of the persons in this action enumerated may be joined or united as parties plaintiff. The enumeration in this section of the persons who may be made parties shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. In all cases any person who might properly be a party plaintiff in any such action who refuses to join as plaintiff may be made a defendant. § 3. All actions under sections 1 and 2 of this act shall be commenced in the superior court of the county in which is situated any part of any real property against which any lien is sought to be enforced, or to which title is sought to be quieted against any lien, or claim of lien; but if in said action no lien against real property is sought to be enforced, the action shall be brought in the superior court of the county which has or which had jurisdiction of the administration of the estate of the decedent mentioned in said sections 1 and 2. §4. Service of summons in the actions mentioned in section 2 hereof shall be made on the secretary of state and on the district attorney of the county in which the estate of the decedent mentioned in said section is being administered, or has been administered in probate proceedings, and it shall be the duty of said district attorney to defend all such actions. §5. The procedure and practice in all actions brought under this act, except as otherwise provided in this act, shall be governed by the pro- visions of the Code of Civil Procedure in relation to civil actions, so far Acts 4037-4040 GENERAL LAWS. 1384 as the same shall or may be applicable, including all provisions relating to motions for new trials and appeals. § 6. The remedies provided in this act shall be in addition to and not exclusive of any remedies provided in the said act of March 23, 1893, and the several acts amendatory thereof. ACT 4037. An act authorizing the governor to appoint an expert in taxation and public finance, to sit as a member of a commission to be composed of himself and a general committee of the senate and assembly of the thirty-sixth session of the legislature of the state of California, of which commission the governor shall be ex officio a member and chairman, to investigate the system of revenue and taxation in force in this state, and to recommend a plan for the revision and reform thereof; to provide for the creation of said commission, and to define its powers, and making an appropriation therefor. [Approved March 20, 1905. Stats. 1905, p. 390.] See 1907, p. 245. ACT 4037a. An act to provide for the appointment of a commission to carry out the work mentioned and provided for in an act entitled, "An act author- izing the governor to appoint an expert in taxation and public finance, to sit as a member of a commission to be composed of him- self and a general committee of the senate and assembly of the thirty-sixth session of the legislature of the state of California, of which commission the governor shall be ex officio a member and chairman, to investigate the system of revenue and taxation in force in this state, and to recommend a plan for the revision and reform thereof; to provide for the creation of said commission, and to define its powers and making an appropriation therefor," approved March 20, 1905, and making an appropriation therefor. [Approved March 25, 1909. Stats. 1909, p. 779.] ACT 4038. Imposing a tax on the issue of certificates of stock corporations. [Stats. 1877-78, p. 955.] Repealed 1897, p. 243. ACT 4039. Solvent debts, other than those secured by mortgage or other lien, taxa- tion of. [Stats. 1873-74, p. 753.] Repealed 1875-76, p. 772, c. DVIII, amending codes. ACT 4040. An act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of the proceeds. [Approved March 23, 1893. Stats. 1893, p. 193.] 1385 TAXATION. Acts 4041, 4042 Amended 1895, p. 33; 1897, p. 77; 1899, p. 101; 1903, pp. 55, 268. Repealed 1905, p. 341. See ante. Acts 4035 and 4036. Citations. Cal. 117/283; 126/114, 115, 116, 117, 119, 120, 121; 139/533, 534, 538, 540, 541, 542; 140/468; 143/626; 145/49, 50, 51. 52; 149/523, 524, 525, 526, 527, 529; 153/226, 227, 228. App. 6/745, 746; 8/133. "Repealed 1905, p. 350. See 1905, pp. 341, 374. Section 20 of the act, though not wholly repealed by them, was so far modified by the County Gov- ernment Acts of 1893 (1893, p. 513, §236), and 1897 (1897, p. 557, §232) that the commissions cannot be received by the county treasurer individually to his own use, but must be paid into the county treasury (County of San Diego v. Schwartz, 149 Cal. 49). The amendment of 1897 was in part unconstitutional (Estate of Mahoney, 133 Cal. 180; Estate of Stanford, 126 Cal. 112). See thb Estate of Johnson, 139 Cal. 532. See, also, Trippett v. State of California, 149 Cal. 521." — Code Commissioners' Note. ACT 4041. An act empowering boards of supervisors of any of the several counties of the state of California to levy a special tax for the purpose of displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging im- migration and increasing trade in the products of the state. [Approved March 23, 1901. Stats. 1901, p. 589.] § 1. The boards of supervisors of the several counties within the state of California, or any of them, are hereby authorized and empowered to levy a special tax on the taxable property within their respective coun- ties, for the purpose of creating a fund not exceeding ten thousand dol- lars in any one year in any one county, to be used for collecting, prepar- ing, and maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encourag- ing immigration and increasing trade in the products of the state of California; provided, the total tax levies for such purposes in any one year shall not exceed two cents on each one hundred dollars of taxable property in the county, according to the assessment-roll. ACT 4042. An act providing for the levy of a special tax for specific public improve- ments within municipalities. [Became a law under constitutional provision without governor's ap- proval, March 15, 1901. Stats. 1901, p. 296.] § 1. Whenever it shall be determined by the legislative body of any municipality within the state of California that the public interest of such municipality demands the acquisition, construction or completion of any municipal improvement, including bridges, waterworks, water rights, sewers, light or power works or plants, buildings for municipal uses, fire apparatus and street work, or other works, property or structures neces- sary or convenient to carry out the objects, purposes and powers of the municipality, the cost of which will be too great to be paid out of the revenues of the municipality to be received during the fiscal year, or Act 4043 GENERAL LAWS. 1386 years, in which such improvement is proposed to be made, a special tax, not to exceed the sum of fifty cents on each one hundred dollars, may be levied on the property assessed for purposes of taxation within said municipality, which said rate of taxation may be in addition to the an- nual rate of taxation allowed by law to be levied therein. §2. _ Before said tax shall be levied by the legislative body of a municipality, the question of the levy of such tax shall be submitted to the voters of the municipality at any general or special municipal election, or at a special election to be held for that purpose, and if two-thirds of the votes cast upon the proposition of levying such tax shall be in favor of the levy thereof, then the levy shall be made; otherwise, the tax shall not be levied. Upon the ballots used at such election, the proposition to be voted for shall be stated in appropriate words and the same arranged so that the voter may indicate his choice upon the proposition. If a special election is held, the same shall be held and conducted as are other elec- tions within the municipality. § 3. At least two weeks before such election is held the legislative body of the municipality shall adopt an ordinance calling and providing for the same, wherein it shall be stated: 1. The nature of the proposed improvement for the cost of which the special tax shall be levied; 2. The total amount of money to be raised for such improvement; 3. The annual rate of taxation to be levied. §4. At the time fixed by law for the levying of taxes within the municipality, the legislative body thereof shall include the special tax herein provided for, which shall be the rate specified in the ordinance calling said election, nor shall it be levied for a longer period of years than shall be sufficient to raise the amount of money specified in said ordinance. The proceeds of said special tax shall be set apart in a special fund and shall only be expended for the purposes of making the improvement stated in said ordinance; provided, that any balance re- maining after said improvement shall have been fully completed and paid for may be transferred to the general fund of the municipality. §5. This act shall not be deemed to repeal, conflict with or modify any provision of any statute of this state concerning the incurring of a bonded indebtedness of municipalities for public improvementa. §6. This act shall take effect immediately. ACT 4043. An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed hj certain officers of the county, and fixing the compensation to be 1387 TAXATION. Act 4043, §§ 1-3 allowed for such county officers for the services so rendered to such municipal corporations. [Approved March 27, 1895. Stats. 1895, p. 219,] Amended 1905, p. 429. § 1. The board cl trustees, common council, or other legislative body of any municipal corporation or city in this state, except municipal cor- porations of the first class, shall have power, and it shall be their duty to fix by ordinance the amount of money necessary to be raised by taxa- tion upon the taxable property therein, as a revenue to carry on the various departments of such municipal corporation or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebtedness of such municipal corporation or city. The board of trus- tees, common council, or other legislative body, shall meet for such pur- pose, and shall so ascertain and fix said amount, on the first Monday in August of each year; provided, however, that the provisions of this act shall not apply to or be in force in any city or municipal corporation until its board of trustees, common council, or other legislative body, shall have parsed an ordinance, electing to avail itself of the provisions of this act, and filed a certified copy of the same with the auditor of the county in which such municipal corporation or city is situated, on or before the first Monday in February of each year; and thereafter all assessments shall be made and taxes collected by the assessor and tax collector of such county until such city or municipal corporation shall, by ordinance, elect not to avail itself of the provisions of this act for any longer time. §2. The beard of trustees, common council, or other legislative body of any municipal corporation 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 per- formed by the county treasurer of the county in which such city or municipal corporation is situated; and whenever such board of trustees, common council, or other legislative body shall, by ordinance, so deter- mine, such duties shall be performed by the treasurer of the county in which such city or municipal corporation is situated. A certified copy of such ordinance shall be served on the tax collector and treasurer of such county, and such ordinance shall also prescribe the manner in which money shall be drawn out of the various funds belonging to such city or municipal corporation in the hands of the treasurer. §3. The county auditor must, on or before the second Monday in August of each year, transmit to the board of trustees, common council, or other legislative body of such municipal corporation or city within such county, a statement in writing, showing the total value of all prop- erty within each municipal corporation or city, respectively, which value shall be ascertained from the assessment-books of such county for such year, as equalized and corrected by the board of supervisors of such county. Act 4043, §§ 4-7 GENERAL LAWS. 1888 § 4. Each board of trustees, coinijion council, or other legislative body of such municipal corporation or city shall, on the first Monday ii2 Sep- tember, fix the rate of taxes, designated in the number of cents upon each hundred dollars, using as a basis the value of the property as as- sessed by the county assessor, and so returned to such board by the county auditor as required by section 2 of this act, which rate of taxa- tion shall be sufficient to raise the amount so fixed by such board, as required in section 1 of this act, which acts by said board are declared to be a valid assessment of such property and a valid levy of such rates so fixed. Such municipal or city board must immediately thereafter trans- mit to the county auditor of the county in which such municipal corpora- tion or city is situated a statement of such rate so fixed by such municipal board. §5. The auditor must then compute and enter in a separate column in the assessment-book, to be headed "City Tax, City of " (naming it), the respective sums in dollars and cents to be paid as a municipal or city tax on the property therein enumerated and assessed as being in any municipal corporation or city, using the rate of levy so fixed by such municipal board, and the assessed value as found in such assessment- book. Such taxes so levied shall be collected at the same time and in the same manner as state and county taxes; and when collected the net amount as ascertained by sections 6 and 7 of this act shall be paid to the treasurer of the municipal corporation or city to which it respectively belongs; under the general requirements and penalties provided by law for the settlement of other taxes; provided, however, that when such city has by ordinance, a certified copy of which has been served upon the tax collector of such county, elected to avail itself of the provisions of section 2 of this act, then such tax-collector shall pay the money belong- ing to such city or municipal corporation over to the treasurer of the county in which such city or municipal corporation is situated. § 6. The county auditor and county tax collector shall file with the board of supervisors itemized statements showing the additional expense to their ofiiees of assessing and collecting these local taxes, and upon the filing of such statements the board of supervisors shall, by an order spread upon the minutes, deduct such expenses from the taxes of such municipal corporation or city, while in the hands of the county tax collector, and transfer the same into the county salary fund; provided, that not more than one per cent shall be charged for collecting the first twenty-five thousand dollars so collected, and one-fourth of one per cent for all sums over that amount. [Amended 1905, p. 429.] §7. "Whenever the board of trustees, common council, or other legis- lative body of any municipal corporation or city in this state has elected to avail itself of the provisions of section 2 of this act, the board of supervisors of such county shall also reserve as and for the expenses of the county treasurer, incurred by reason of the imposing of these duties upon him, the sum of one-fourth of one per cent, which sum shall be deducted from the money collected by the county tax collector, and covered in to the county treasurer into the county salary fund. § 8. "Whenever the board of trustees, common council, or other legis- lative body of any municipal corporation or city in this state shall have availed itself of the provisions of this act, all duties, other than the assessing of the property of such city or municipal corporation, belonging to the office of the city assessor shall be transferred to and performed by the clerk of such city or municipal corporation; and all duties, other than the collection of taxes, belonging to the office of city tax collector shall be transferred to and be performed by the city marshal or chief of police of such city or municipal corporation, and thereafter the office of city assessor, and city tax collector, and city treasurer may be by ordin- ance abolished. § 9. Whenever any real property situate in any city or municipal cor- poration which has availed itself of the provisions of this act has been sold for taxes and has been redeemed, the money paid for such redemp- tion shall be apportioned by the county treasurer to such city or mu- nicipal corporation in the proportion which the tax due to such city or municipal corporation bears to the total tax for which such real prop- erty was sold. §10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. § 11. This act shall take effect immediately. ACT 4044. An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state, excepting municipal corporations of the first, second, third', and fourth classes, and cities operating under a charter framed under section 8, Article XI, of the constitiition. [Approved March 2, 1891. Stats. 1891, p. 22.] Citations. Cal. 103/664. § 1. The board of trustees, common council, or other legislative body of any municipal corporation, or city in this state, excepting municipal corporations of the first, second, third, and fourth classes, and cities operating under a charter framed under section 8, Article XI, of the con- stitution, shall have power, and it shall be their duty to fix, by ordinance, the amount of money necessary to be raised by taxation upon the taxable property therein, as a revenue to carry on the various de- partments of such corporation or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebtedness of such municipal corporation or city. The board of trustees, common coun- cil, or other legislative body shall meet for such purpose, and shall so ascertain and fix said amount, on the first Mondaj in August of each Act 4044, §§ 2-5 GENERAL LAWS. 1390 | year; provided, however, that the provisions of this act shall not apply to or be in force in any city or municipal corporation until its board of trustees, common council, or other legislative body shall have passed an ordinance electing to avail itself of the provisions of this act, and filed a certified copy of the same with the auditor of the county in which such municipal corporation or city is situated, on or before the first Monday in March of each year. §2. The county auditor must, on or before the third Monday in August of each year, transmit to the board of trustees, common council, or other legislative body of each municipal corporation or city within such county a statement, in writing, showing the total value of all prop- erty within each municipal corporation or city, respectively, which value shall be ascertained from the assessment-book of such county for such year, as equalized and corrected by the board' of supervisors for such county. § 3. Each board of trustees, common council, or other legislative body of such municipal corporation or city shall, on the first Monday of October, fix the rate of taxes, designating the number of cents upon each hundred dollars, using as a basis the value of property as assessed by the county assessor and so returned to such board by the county auditor, as required in section 2 of this act, which rate of taxation shall be sufficient to raise the amount so fixed by such board, as required in section 1 of this act, which acts by said board are declared to be a valid assessment of such property and a valid levy of such rates so fixed. Such municipal or city board must immediately thereafter transmit to the county auditor of the county in which such municipal corporation or city is situated a statement of such rate so fixed by such municipal board. §4. The auditor must then compute and enter in a separate column in the assessment-book, to be headed "City Tax, City of " (naming it), the respective sums, in dollars and cents, to be paid as a municipal or city tax on the property therein enumerated and assessed as being in any municipal corporation or city, using the rate or levy so fixed by such municipal board and the assessed value as found' in such assess- ment-book; such taxes so levied shall be collected at the same time and in the same manner as state and county taxes; and when collected the net amount as ascertained by section 5 shall be paid to the treasurer of the municipal corporation or city to which it respectively belongs, under the general requirements and penalties provided by law for the settle- ment of other taxes. §5. The board of supervisors, on the filing of itemized statements by the county auditor and county tax collector showing the additional ex- pense to their offices of assessing and collecting these local taxes, may, by an order spread' upon its minutes, deduct such expenses from the taxes of each municipal corporation or city, while in the hands of the county tax collector, and cover the same into the county salary fund. 1391 TAXATION. Act 4045 § 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. ACT 4045. An act in relation to reassessment of property, the equalization of the same, and the collection of taxes thereon, in cases where a former assessment made since eighteen hundred and seventy-nine is illegal or invalid, or where the proceedings for the collection of such taxes have been ineffectual by reason of error, irregularity, or invalidity, and such taxes have not been paid. [Approved March 23, 1893. Stats. 1893, p. 290.] Citations. Cal. 117/440; 124/500, 501; 125/498; 147/564; 150/640. § 1. Every assessment of property made after the year one thousand eight hundred and seventy-nine which is invalid, or may hereafter be adjudged to be, by reason of any illegality, invalidity, or irregularity de- clared or existing, in the assessment of such property, or in the mode provided for the assessment thereof, shall be remade, and the property reassessed and equalized for each year for which such assessment is invalid as aforesaid, and for the year for which the assessment of such property was invalid as aforesaid, and such reassessment and equalization shall be made by the same officers and boards at the same time or times, as are now prescribed by law for the assessment and equalization of property, of the same classes or kinds as the property which hereby is required to be reassessed. The assessment and equalized assessment of such property shall be entered on the several assessment-rolls or books in the same manner that assessments of such property are or were required by law to be entered for the year or years during which such reassess- ments shall be made. And there is hereby levied for state purposes the same rates of taxation for each of such respective years as were hereto- fore levied upon such property for each of said years for said state purposes. § 2. All taxes for counties, cities and counties, and other taxing dis- tricts, shall be levied by the proper board or boards upon the property mentioned in the first section of this act, at the same rates for each respective year as were levied upon property for each of said years after the year eighteen hundred and seventy-nine. § 3. All property authorized to be reassessed by this act shall be re- assessed and equalized by the proper officers and boards at the value to which and to the person or corporation to whom or to which such property ought, for each of such years, to have been assessed, under such rules of notice and at the times and in the modes as are prescribed for the assessment and equalization of like classes of prop- erty; and the assessment and equalization thereof, and the levy and collection of taxes thereunder, shall be made by the proper officers at the time, upon like notice and in the manner now or hereafter provided by law for making assessments and equalizing the same and for the levy Acts 4046-4048 GENERAL LAWS. 1392 and collection of taxes on like classes of property; and if the taxes so relevied shall become delinquent, there shall be added thereto and the amount thereof the same percentage as a penalty for such delinquency, as is added to other delinquent taxes on like classes of property, and such delinquent taxes and penalties added thereto shall be collected by the proper officers in the manner now or hereafter provided by law for the collection of delinquent taxes and penalties upon like classes of prop- erty; the collectors of such taxes to allow as credits thereon all pay- ments heretofore made on the tax as first levied. § 4, There shall be no limitation or limitations as to the time in which actions for the collections of taxes levied under this act may be commenced, and all the provisions of law now or hereafter provided in respect to the assessments, equalization, levy, and collection of taxes shall, where applicable, apply to reassessments, equalization, and relevies and collections of taxes made under the provisions of this act. § 5. This act shall apply to taxes for revenue only, and not to assess- ments for local improvements or street purposes. § 6. This act shall take effect and be in force on and after its passage. ACT 4046. An act authorizing the payment of compensation or commission to per- sons employed by the state controller and attorney general or by boards of supervisors of the different counties, to collect delinquent state and county taxes, and legalizing all payments made for that purpose, [Approved March 26, 1895. Stats. 1895, p. 94.] § 1. That all sums heretofore paid by the state to any person for compensation or commission to persons for collecting delinquent state and county taxes in pursuance of an agreement by such persons with the state controller and attorney general for such collections, and all sums heretofore paid by any board of supervisors out of the county treasury as compensation or commissions tor collecting such delinquent taxes in pursuance of an agreement by such persons with such boards of super- visors, are hereby approved and legalized. § 2. This act shall take effect and be in force from and after its passage. ACT 4047. To abolish commissions or fees paid by the state for the assessment, equalization, auditing, and collection of ad valorem taxes. [Ap- proved February 23, 1893, Stats. 1893, p. 5.] Citations, Cal. 132/267. ACT 4048. To abolish commissions or fees paid by the state for the assessment, equalization, auditing, and collection of ad valorem taxes. [Ap- proved March 14, 1899, Stats. 1899, p. 102.] 1393 TAXATION. Acts 4049-4052 ACT 4049. To prevent the maintenance against the state or any officer thereof by any county or county officer, of any action or proceeding for the col- lection or recover}' of any money alleged to be due such county or any oiificer thereof for services rendered in the assessment, equaliza- tion, auditing, and collection of ad valorem taxes. [Approved Feb- ruary 1(5, 1S99. Stats. 1899, p. 9.] Citations. Cal. 132/277. ACT 4050. Prohibiting the payment of money by the state to counties and cities and counties for the collection of taxes. [Approved March 4, 1899. Stats. 1899, p. 56.] ACT 4051. An act to repeal an act of the legislature of the state of California en- titled "An act in relation to the assessment and collection of taxes upon personal property in the city and county of San Francisco," approved March 18, 1874, and requiring all counties and cities and counties of this state to conform to the requirements of the provisions of the Political Code in relation to the assessment, equalization, levy, and collection of taxes for revenue purposes. [Approved March 28, 1895. Stats. 1895, p. 308.] §1. An act entitled "An act in relation to the assessment and collec- tion of taxes upon personal property in the city and county of San Francisco," approved March eighteenth, eighteen hundred and seventy- four, is hereby repealed. § 2. All counties and cities and counties of this state are hereby re- quired to conform to the provisions of the Political Code in relation to the assessment, equalization, levy and collection of taxes on real and personal property for revenue purposes, and all laws now in force in re- lation to revenue are hereby made applicable to all such counties and cities and counties. § 3. All acts and parts of acts in conflict with this act are hereby re- pealed. §4. This act shall take effect immediately. The act of 1873-74, was declared unconstitutional in People v. Pittsburg R. R. Co., 67 Cal. 625. ACT 4052. An act concerning the assessment of animals. [Approved March 30, 1872. Stats. 1871-72, p. 754.] This act was not repealed by provisions of Political Code respecting assess- ment of personal property: Rosasco v. Tuolumne Co., 143 Cal. 430. Gen. Laws — 88 Acts 4053, 4054 GENERAL LAWS. 1894 Attempted to be modified by 1873-74, p. 376, which was, however, declared unconstitutional in People v. Townsend, 56 Cal. 634. The decision seems appli- cable to both statutes. Citations. Cal. 148/432. Assessment of animals temporarily pasturing in any coimty. § 1. Whenever any person residing in any county of the state, and owning any neat cattle, horses, mules, sheep, or goats therein, shall drive the same from the county where he resides into any other county, for the purpose of temporarily pasturing the same, all such animals shall be as- sessed in and for the county where such owner resides, although the said animals shall not be at the time of said assessment in said county in which he may so permanently reside; and such owner shall include such animals in his assessment list, and the assessor of the county where such stock are so temporarily grazed shall list the same, with a full de- scription of each kind and the number of the same; and for the purpose of making such list, the assessor shall have power, and it is hereby made his duty, to examine on oath the person or persons owning or having charge of such cattle, horses, mules, sheep, or goats, touching their num- ber, ownership, and to whom and in what county, if any, they have been assessed for taxation. The list made out as aforesaid by the assessor, together with a full statement of the same, shall be signed and sworn to by the person or persons owning or having in charge such stock. Duties of assessors and treasurers. §2. The assessor shall file a copy of said list of such stock with the county treasurer of his county, and another copy with the treasurer of the county in which the said stock was first listed and assessed for taxa- tion. Upon filing the lists aforesaid, with the sworn statement therein that the stock specified in said lists has been pastured or used in the county mentioned therein during the grazing season, with the treasurer of the county in which it was assessed for taxation, said treasurer shall pay, on the order of the treasurer of the county in which the stock was so pastured or used, one-half of the amount of taxes paid in on the said stock, less the cost of collection. § 3. All acts or parts of acts in conflict with this act, so far as they are in conflict with this act, are hereby repealed. § 4. This act shall take effect from and after its passage. ACT 4053. To regulate the assessment of migratory herds or bands of livestock, and to provide for an equitable distribution of the taxes derived there- from. [Approved March 16, 1874. Stats. 1873-74, p. 376.] Supplemented 1875-76, p. 797, Unconstitutional: People v. Townsend, 56 Cal. 633. ACT 4054. In relation to moneys belonging to the state derived from taxes assessed on mortgages. [Approved March 30, 1872. Stats. 1871-72, p. 762.} J 1395 TAXATION. Acts 4055-4059 Ni! in force. It related to moneys received as taxes on notes secured b7 mortgage in the years 1870 and 1871. ACT 4055. Tax sales, legalizing certain notices of. [Stats. 1873-74, p. 140.] This act validated the proceedings of tax collectors in 1874. ACT 4056. Relief of taxpayers whose lands have been sold to the state. [Stats. 1875-76, p. 687.] This act applied to lands sold for the years 1874 and 1875, and gave one year to redeem. ACT 4057. For the relief of taxpayers whose lands have been sold to the state. [Stats. 1877-78, p. 951.] "Probably superseded by 1880, p. 9, c. XI, and by Political Code, § 3780, as amended 1895, p. 328." — Code Commissioners* Note. This act gave taxpayers the right of redemption. ACT 4058. Granting relief to taxpayers whose lands have been sold to the state. [Stats. 1880, p. 9.] Probably superseded by Political Code, § 3780, as amended 1895. This act gave a right of redemption, ACT 4059. An act to confirm, validate and legalize certificates of tax sales and tax deeds executed to the state of California for property sold and deeded thereto for nonpayment of taxes. [Approved February 28, 1903. Stats. 1903, p. 63.] Citations. Cal. 150/565, 566, 621; 151/236, 237, 239; 154/745. App. 6/262, 263, 264. § 1. That all certificates of tax sales and tax deeds made to this state by the county tax collector, which certificates and deeds are based upon the sale of property for nonpayment of taxes, and which certificates and deeds fail to recite the correct date, or any date, when the right of redemption will expire, or had expired, or which certificates recite an incorrect date when the state would be entitled to a deed, be and they are hereby confirmed, validated, and legalized, and the same shall be con- strued and operate at all times and upon all occasions in law in the same manner as if such matters and things required by law had been recited therein and performed in the first instance; provided, that in all cases five years shall have elapsed between the date of sale of the prop- erty to the state for nonpayment of taxes and the date of the execution of such deed. §2. This act shall take efifect immediately. Acts 4060, 4061 GENERAL LAWS. 1396 ACT 4060. An act authorizing and providing for suits for the collection of delin- quent taxes due upon personal property. [Approved March 13, 1903. Stats. 1903, p. 130.] § 1. Each eounty and city and county may sue in its own name for the recovery of any and all moneys due or hereafter to become due as delinquent taxes upon any and all personal property, where no real prop- erty is assessed as security for the payment of such personal property taxes, or where, in the judgment of the board of supervisors, there is not sufficient real property assessed to secure the payment of such per- sonal property taxes, whether the same be for county or city and county, and state purposes, or either of them, and for all penalties due upon said taxes for nonpayment thereof.. §2. On the trial of any such suit the assessment-roll of said county or city and county, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or, in cases where the defendant is sued in a representative capacity, against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to re- cover. § 3. AH actions now pending for the collection of such taxes may be carried on and prosecuted under the provisions and in accordance with this act. § 4. All acts and parts of acts in conflict with this act are hereby repealed, but the method of collecting such taxes herein provided shall not be deemed to be the exclusive method, nor shall the provisions of this act in any manner abrogate or modify the provisions of sections 3831 or 3899 of the Political Code of the state of California. §5. This act shall take effect and be in force immediately from and after its passage. ACT 4061. An act prescribing the form of complaint in actions to recover delinquent taxes, and to authorize the bringing of suits therefor. [Approved April 23, 1880. Stats. 1880, p. 136 (Ban. ed. 402).] Repealed in part by Political Code, § 3670, as amended 1883, p. 65. (San Diego V. Southern Pacific R. Co., 108 Cal. 46.) On the point as to whether this act is still in force, see San Bernardino Co. v. Southern Pac. R. R. Co., 70 Pac. 782. Citations. Cal. 61/253, 254, 256, 257, 258; 69/648; 73/612; 75/173; 91/ 434; 99/595, 599; 108/48; 137/661; 144/361; 145/60; 153/620, 621. App. 4/46, 47. Form of complaint in action for delintiuent taxes. §1. In any action that may be hereafter commenced in any county, or city and county, in this state, for the collection of delinquent taxes 1397 TAXATION. Acts 4062, 4063 for any fiscal year, the complaint may be in the following form, and shall be legally sulKcient, and on the trial thereof the duplicate assessment- roll for any said fiscal year, of said county, or city or county, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or in cases where the defendant is sued in a representative capacity against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover: (Title of court.) (Name of plaintiff) vs. (name of defendant.) Plaintiff avers that defendant is indebted to plaintiff in the sum of $ (naming the amount for county, or city and county), taxes, with five per cent penalty added thereto for the nonpayment thereof, and interest thereon at the rate of two per cent per month from the (date), and fifty cents costs of advertising. Plaintiff further avers that defend- ant is indebted to plaintiff in the further sum of $ (naming amount), for state taxes, with five per cent penalty added thereto for the non- payment thereof, and interest thereon at the rate of two per cent per month from (date), and fifty cents costs of advertising, which said taxes were duly assessed and levied upon (the real or personal) property of said defendant, to wit: (describe property as assessed), for the fiscal year (naming the year). Wherefore, plaintiff prays judgment against said defendant, for said several sums, with interest and penalty as afore- said, and costs of suit. (Signature of attorney.) And in any case where the defendant is sued in a representative capacity, such other further or additional allegations as may be necessary to charge him in such capacity; and it is further provided, that any county, or city and county, where such taxes are delinquent, may sue in its own name for the recovery of delinquent taxes, whether the same be for county, or city and county, and state purposes, or taxes, or either of them. §2. This act shall take effect and be in force from and after its passage. ACT 4062. To protect the county treasuries of certain counties. [Approved March 16, 1874. Stats. 1873-74, p. 393. J This act provides that the assessors of Siskiyou, Calaveras, Amador, and Al- pine counties should pay the salaries of deputies employed by them. It was probably repealed by the County Government Act. ACT 4063. Firemen in certain counties, to be exempt from payment of poll tax. [Stats. 1873-4, p. 731.] Repealed 1875-76, p. 287. This act exempted the firemen of the counties of Nevada, Placer, El Dorado, Alameda, and Siskiyou. Acts 4064-4077 GENERAL LAWS. 1398 ACT 4064. An act to legalize, confirm, and validate tax deeds made to the state of California for delinquent taxes, and deeds made to purchasers of property sold under and in pursuance of the provisions of sections 3897 and 3S98 of the Political Code. [Approved April 15, 1909. Stats. 1909, p. 920.] TITLE 515. TEHAMA COUNTY. ACT 4068. To protect agriculture and prevent trespassing of animals in. [Stats. 1873-74, p. 853.] Amended 1875-76, p. 643. "Modified and probably repealed by 1S77-78, p. 176, c. CXXXVI, and 1897, p. 198. See the estray law of 1901, p. 603." — Code Commissioners' Note. ACT 4069. Eelating to salary and duties of assessor of. [Stats. 1871-72, p. 756.] Repealed by County Government Act, 1897, p. 452. ACT 4070. Canal companies in, authorizing incorporation of. [Stats. 1871-72, p. 732.] Supplementing act of April 2, 1870. ACT 4071. Cemeteries in, supporting. [Stats. 1871-72, p. 872.] ACT 4072. Eelating to certain of&cers of. [Stats. 1871-82, p. 755.] Repealed by County Government Act, 1897, p. 552, § 193. This act fixed the salary of the district attorney and permitted the county clerk to hire a deputy. ACT 4073. Eefunding debt of. [Stats. 1875-76, p. 69.] ACT 4074. Partition fences in, [Stats. 1875-76, p. 207,] ACT 4075. Authorizing transcribing records of Tehama County from the records of Colusa, Shasta, and Butte counties. [Stats. 1859, p. 151.] ACT 4076. Eoad poll tax. [Stats. 1873-74, p. 431.] As to assessors retaining fees, repealed by County Government Acts: See 1807, p. 552, § 193. ACT 4077. Eoad poll tax and hospital poll tax. [Stats. 1877-78, p. 211.] Repealed as to poll-tax by Political Code, $ 2652, and by the provisions of the Tarioui County Oovemment Acts. 1399 TEHAMA, TOWN OF— .TELEGRAPH LINES. Acts 4078-4094 ACT 4078. Eedistricting and reorganizing board of supervisors. [Stats. 1873-74, p. 816.] Superseded by County Government Acts: See 1897, p. 452. ACT 4079. Making treasurer of ex officio tax collector. [Stats. 1873-74, p. 796.] Amended 1875-76, p. 232. Repealed by County Government Acts: See 1897, p. 452. TITLE 516. TEHAMA, TOWN OF. ACT 4084. To prevent hogs from running at large in. [Stats. 1873-74, p. 776.] Repealed 1877-78, p. 79. TITLE 517. TELEGRAPH LINES. ACT 4089. Concerning telegraphic messages and to secure secrecy and fidelity in the transmission thereof. [Stats. 1861, p. 380.] Superseded by statute of 1862, p. 288. ACT 4090. For regulating telegraphs and to secure secrecy and fidelity in the trans- mission of telegraphic messages. [Stats. 1862, p. 288.] Amended 1863-64, p. 232. "As to Penal provisions, superseded by Penal Code (see §§ 619-621, 680; Civil Code, § 1017) ; but section 17, relating to contracts and communications, probably remains in force." — Code Commissioners' Note. ACT 4091. Providing for the construction of a telegraph line between the Atlantic and the Pacific. [Stats. 1865-66, p. 102.] ACT 4092. Providing for the construction of a telegraph line from San Jose to San Bernardino. [Stats. 1865-66, p. 308.] Amended 1867-68, p. 530. ACT 4093. Authorizing telegraph between Los Angeles and Wilmington. [Stats. 1871-72, p. 87.] ACT 4094. Telegraphic communication between America and Asia, act to facilitate. [Stats. 1871-72, p. 97.] Act4097, §§ 1, 2 GENERAL LAWS. 1400 TITLE 518. TENEMENT HOUSES. ACT 4097. An act to regulate the building and occupancy of tenement houses in incorporated towns, incorporated cities and cities and counties, and to provide penalties for the violation thereof. [Approved April 16, 1909. Stats. 1909, p. 948.] Tenement house act, §1. This act shall be known as the tenement house act, and its pro- visions shall apply to all incorporated towns, incorporated cities, cities and counties in the state of California. Definition of phrases. § 2. For the purpose of this act certain words and phrases are defined as follows: A tenement house is any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies or some or any of them. An apartment in a tenement house is a room or suite of rooms which is occupied, or is intended or designed to be occupied as a family domi- cile. A yard is an open, unoccupied space on the same lot with a tenement house, between the extreme rear line of the house and the rear line of the lot. A court is an open, unoccupied space, other than a yard, on the same lot with a tenement house. A court not extending to the street or yard is an inner court. A court extending to the street or yard is an outer court. If it extends to the street it is a street court. If it extends to the yard it is a yard court. If it extends from the street to the yard it is a street-to-yard court. A court bounded on one side and both ends by a tenement house and on the remaining side by a lot line is a "lot- line" court. A shaft includes exterior and interior shafts, whether for air, light, elevator, dumbwaiter, or any other purpose. A vent shaft is one used solely to ventilate or light a water-closet compartment or bathroom. A public hall is a hall, corridor or passageway not within an apart- ment. A stair hall includes the stairs, stair landings and those portions of the public halls through which it is necessary to pass in going between the entrance hall and the roof. A basement is a story partly below the level of the curb, the ceiling of which is not less than four feet six inches above the curb level. A cellar is any story partly or wholly below the level of the curb, the ceiling of which is less than four feet six inches above the curb level. 1401 TENEMENT HOUSES. Act 4097, 5 § 3-6 A fireproof tenement house is one the walls of which are constructed of brick, stone, iron or other incombustible material, and in which there are no wood beams or lintels and in which the floors, roofs, stair halls and public halls are built entirely of brick, stone, iron, or other hard incombustible material, and in which no woodwork or other inflammable material is used in any of the partitions, furrings or ceilings. But this definition shall not be construed as prohibiting elsewhere than in the stair halls or entrance halls, the use of wooden flooring on top of the flreproof floors or the use of wooden sleepers, nor as prohibiting wooden hand rails, and hardwood treads. The term curb level wherever used in this act means the level of the curb directly in front of the middle of the street line of the tenement house; where a tenement house is on a corner lot, or on a lot which runs through from one street to another street, and there is more than one grade or level, the lowest level shall be taken. Buildings converted to tenement uses. § 3. A building not erected for use as a tenement house, if hereafter altered or converted to such use, shall thereupon become subject to all of the provisions of this act affecting tenement houses hereafter erected. Unlawful structure defined. § 4. No tenement house shall at any time be altered so as to be in violation of any provision of this act. If any tenement house or any part thereof be occupied by more families than provided by this act, or is erected, altered or occupied contrary to law, such tenement house shall be deemed an unlawful structure, and the department charged with the enforcement of this act may cause such building to be vacated. And such building shall not again be occupied until it or its occupation, as the case may be, has been made to conform to the law. Fireproof tenement. §5. Every tenement house hereafter erected exceeding six stories or parts of stories in height (above the curb) shall be a fireproof tenement house, nor shall any such tenement house be altered so as to exceed such height without being made fireproof. A cellar is not a story withiu the meaning of this section, provided that no part of such cellar or base- ment is occupied or arranged to be occupied for living purposes. Fire-escapes, § 6. Every tenement house that is occupied or is intended to be occu- pied shall be provided and equipped with stand-pipes and with metallic fire-escapes, combined with suitable metallic balconies, platforms and railings, as provided for, or which shall be provided for by the ordinances of the incorporated town, city, or city and county in which the tenement house is situated. No encumbrance of any kind shall at any time be placed before, upon or against any stairway, steps or landings or fire- escapes in or upon any tenement house. All fire-escapes upon tenement houses shall be kept in good order and repair, and every exposed part thereof shall at all times be protected against rust by durable paint. Act 4097, §§ 7-11 GENERAL LAWS. 1402 Bulkhead in roof. §7. Every tenement house hereafter erected shall have in the roof a fireproof bulkhead with a fireproof door to the same, and shall have fireproof stairs with a guide or hand rail leading to the roof, except that in tenement houses hereafter erected, which do not exceed four stories and a cellar in height, and which are not also occupied or arranged to be occupied by more than two families on any floor, such bulkheads may be of wood covered with metal on both sides. The stairs leading to such bulkheads shall be constructed as specified in sections 8 and 11 of this act. Width of stairs. §8. Every tenement house hereafter erected shall have at least one flight of stairs extending from the entrance floor to the roof, and the stairs and public halls therein shall be at least three feet wide in the clear. Additional stairways in non-fireproof houses. § 9. Every non-fireproof tenement house hereafter erected containing over fifty (50) rooms, exclusive of bathrooms, above the entrance story, shall also have an additional flight of stairs for every additional eighty (80) rooms or fraction thereof; if said house contains not more than one hundred (100) rooms above the entrance story, in lieu of an additional stairway, the stairs, stair halls and entrance halls throughout the entire building shall be at least one half wider than is specified in sections 8 and 12 of this act. Additional stairways in fireproof houses, § 10. Every fireproof tenement house hereafter constructed containing over one hundred and twenty (120) rooms above the entrance story, exclusive of bathrooms, shall have an additional flight of stairs for every additional one hundred and twenty (120) rooms or fraction thereof; but if said house contains not more than one hundred and eighty (180) rooms above the entrance story, exclusive of bathrooms, in lieu of an additional stairway, the stairs, stair halls and entrance halls throughout the entire building may each be at least one half wider than is specified in sections 8, 11 and 12 of this act. And if such house contains not more than three hundred (300) rooms above the entrance story, exclusive of bathrooms, in lieu of three stairways there may be but two stairways, provided that one of such stairways and the stair halls and entrance halls connected therewith are at least one half wider than is specified in sections 8, 11 and 12 of this act. Construction of stairways. § 11. Each flight of stairs mentioned in the last three sections shall have an entrance on the entrance floor from the street or street court, or from an inner court which connects directly with the street. All stairs shall be constructed with a rise of not more than eight inches, and with treads not less than nine inches wide, exclusive of nosings. "Where 1403 TENEMENT HOUSES. Act 4097, §§ 12-18 winders are used all treads at a point eighteen inches from the strings on the wall side shall be at least ten inches wide. Width of entrance halls. § 12. Every entrance hall in a tenement house hereafter erected shall be at least three feet six inches in the clear from the entrance up to and including the stair inclosure, and beyond this point at least three feet wide in the clear. In every tenement house hereafter erected, access shall be had from the street to the yard, either in a direct line or through a court. Closets under stairways. § 13. In non-fireproof tenement houses hereafter erected no closet of any kind shall be constructed under any stairway leading from the first story, exclusive of the cellar, to the upper stories, but such space shall be left entirely open and kept clear from encumbrance. Entrance to cellar. § 14. In every tenement house hereafter erected there shall be an entrance to the cellar or other lowest story from the outside of said building. Wooden buildings not permitted, where. § 15. "Within the fire limits of any incorporated town, incorporated city or city and county, no wooden building not now used as a tenement house shall be hereafter erected for, altered or converted to such use. But outside of the fire limits tenement houses not exceeding four stories in height, exclusive of the cellar, may be erected of wood. Increase of height. § 16. No wooden tenement house shall be increased in height so as to exceed four stories, exclusive of the cellar. Keeping of combustibles. § 17. No tenement house nor any part thereof, nor of the lot upon which it is situated, shall be used as a place of storage, keeping or handling of any combustible article except under such conditions as may be prescribed by the department of any incorporated town, incorporated city or city and county to which this act applies, which are now charged with the enforcement of laws, ordinances and regulations, relating to the erection of buildings, the protection of public health, and police and fire protection. No tenement house nor any part thereof, nor of the lot upon which it is situated, shall be used as a place of storage, keep- ing or handling of any article dangerous or detrimental to life or health, nor for the storage, keeping or handling of feed, hay, straw, excelsior, cotton, paper stock, feathers or rags. Boiling of fat. § 18. No bakery and no place of business in which fat is boiled shall be maintained in any tenement house which is not fireproof throughout, Act 4097, §§ 19-23 GENERAL LAWS. 1404 unless the ceilings and side walls of said bakery or place where fat boiling is done are made safe by fireproof materials around the same, and there shall be no openings either by door or window, amnb-waiter shafts or otherwise, between said bakery or said place where fat is boiled in any tenement house and the other parts of said building. Paints and oils. § 19. All transoms and windows opening into halls from any portion of a tenement house where paint, oil, spirituous liquors or drugs are stored for the purpose of sale or otherwise, shall be glazed with wire glass or they shall be removed and closed up as solidly as the rest of the wall. And all doors leading into such hall from such portion shall be made fireproof. Yard requirements. § 20. Behind every tenement house hereafter erected there shall be a yard extending across the entire width of the lot, and except as provided in section 23, at every point open from the ground to the sky unob- structed except that fire-escapes or uninclosed outside stairs may pro- ject not over four feet from the rear line of the house. The depth of said yard, measured from the extreme rear wall of the house to the rear line of the lot, shall be as set forth in the following sections: Same. § 21. No tenement house shall hereafter be enlarged or its lot dimin- ished, so that the yard shall be less in depth than the minimum depths prescribed by this act. The measurements in all cases to be taken from the extreme rear wall of the building to the rear line of the lot, and across the full width of the lot, and such yard shall be at every point open from the ground to the sky, except as provided for elsewhere in this act. Depth of yard. §22. Except upon a corner lot or upon a lot running through from street to street, as provided in sections 23 and 24, the depth of the yard behind every tenement house hereafter erected sixty feet in height shall not be less than twelve feet in every part. Said yard shall be increased in depth one foot for every additional twelve feet of height of the build- ing, or fraction thereof; and may be decreased in depth one foot for every twelve feet of height of the building less than sixty feet; but it shall never be less than ten feet in depth in any part. Yardway between streets. § 23. "Whenever a tenement house is hereafter erected upon a lot which runs through from one street to another street, or alley of not less Un sixteen (16) feet in width, and said lot is not less than eighty feet nor more than one hundred feet in depth, there shall be a yard space through the center of the lot midway between the two streets, which space shall extend across the full width of the lot and shall never be less than 1405 TENEMENT HOUSES. Act 4097, §§ 24-28 twelve feet in depth from wall to wall, and shall be increased in depth as prescribed in section 22 of this act. Such yard space may start at the level of the second tier of beams, but never at a point more than fourteen feet above the curb level. Where such lot is over one hundred feet in depth such yard space shall be left through the center of the lot midway between the two streets, and shall extend across the entire width of the lot, and shall not be less than twenty-four feet in depth from wall to wall and shall be increased in depth as prescribed in section 22 of this act. Where such lot is one hundred and fifty feet or more in depth such yard shall be at every point open from the ground to the sky unobstructed, except by fire-escapes and uninclosed outside stairs pro- jecting not more than four feet from the building. Depth of yard on comer lots. § 24. The depth of the yard behind every tenement house hereafter erected upon a corner lot shall be not less than ten feet in every part and at every point open and unobstructed from the ground to tbo sky, provided that where any such lot is less than one hundred feet in depth, the depth of the yard be not less than ten per centum of the greatest depth of such lot, but shall never be less than five feet in every part, nor less than the minimum width of an outer court on the lot line as prescribed by this act. Where a corner lot is more than fifty feet in width, the yard for that portion in excess of fifty feet shall conform to the provisions of section 22 of this act. Court to be open to sKy. § 25. No court of a tenement house hereafter erected shall be covered by a roof or skylight, but every such court shall be at every point open from the ground to the sky unobstructed, except that fire-escapes as re- quired by law or by the ordinances or regulations of incorporated towns, incorporated cities or cities and counties to which this act applies, may project into a court, but no more than four feet from the wall of the house. All courts in tenement houses hereafter erected shall conform to the requirements of the following sections: Outer courts, widths of. § 26. The outer courts of all tenement houses shall have not less than the following minimum widths: Building. Least Width. 2 stories 4 feet 3 stories 4 feet 6 inches 4 stories 5 feet 5 stories 6 feet 6 stories 8 feet 7 stories 10 feet 8 stories 12 feet Act 4097, §§ 27-30 GENERAL LAWS. 1406 Inner courts, widths of. Lot line courts. §27. The inner courts of all tenement houses shall have areas and minimum widths in all parts, not less than the widths and areas as fol- lows: Building. Square Feet. Least Width. 2 stories 100 6 feet 3 stories 120 7 feet 4 stories ]60 8 feet 5 stories 250 12 feet 6 stories 400 16 feet 7 stories 625 20 feet 8 stories 840 24 feet Lot line courts shall have areas and minimum widths in all parts not less than one-half of those specified in the above table of inner courts. Inner court intakes. § 28. Every inner court including lot line courts shall be provided with one or more horizontal intakes at the bottom. Such intakes shall always communicate directly with the street or yard, and shall each consist of a passageway not less than three feet wide and six feet six inches high which shall be left open, or if not open there shall always be provided in said passageway open grilles or transoms of a size not less than ten square feet each, and such open grilles or transoms shall never be covered with glass or in any other way. There shall be at least two such grilles or transoms in each passageway, one at the inner court and the other at the street or yard, as the case may be. Lot space that may be occupied. §29. No tenement house hereafter erected shall occupy more than ninety per centum of a corner lot, or more than seventy per centum of any other lot, except as otherwise provided in this act; provided that the space occupied by fire-escapes erected and constructed according to law, shall not be deemed a part of the lot occupied, but that the space occupied by outside fireproof stairs, by vent shafts thirty-two square feet or less in area, and by recesses for fire-escapes as provided for shall be considered a part of the lot occupied. For the purposes, of this section the measurements may be taken at the level of the second tier of beams, but never at a point more than fourteen feet above the curb level. Comer lot defined. § 30. By a corner lot is meant a lot situated at the junction of two streets, or of a street and public alley not less than sixteen feet in width. Any portion of the width of such lot distant more than fifty feet from such junction shall not be regarded as part of a corner lot, but shall be subject to the provisions of this act respecting other than corner lots. Where, in any corner lot, the two frontages are of unequal length, the lesser street frontage shall be taken as the width of the lot. Street frontage alone and not alley frontage shall be considered in determining such lesser frontage. 1407 TENEMENT HOUSES. Act 4097, §5 31-35 Minimum distance between buildings. § 31. No existing tenement house shall (unless the rear of the lot upon which it stands abuts upon a public alley at least ten feet wide) hereafter be enlarged or its lot be diminished so that any building on such lot shall at any point approach nearer than ten feet to the rear line of the lot. "Where a tenement house, now or hereafter erected, stands upon a lot, other, than a corner lot, no other building shall hereafter be placed upon the front or rear of that lot, unless the mininuim distance between such buildings be at least ten feet, if neither building exceeds the height of one story; or fifteen feet if either build- ing exceeds the height of one story, but not the height of two stories; and so on, five additional feet to be added to such minimum distance of ten feet for every story more than one in the height of the highest building on such lot. Every rear tenement hereafter erected, or every tenement that hereafter becomes a rear tenement by the erection of a building or buildings on the front of the same lot, shall have direct access to a street or to a public alley at least sixteen feet wide, by a passageway not less than five feet wide by seven feet high. Measurements may be taken, where. § 32. No tenement house shall hereafter be enlarged or its lot dimin- ished, so that a greater percentage of the lot shall be occupied by build- ings or structures than provided for in section 29 of this act. For the purposes of this section the measurements may be taken at the level of the second tier of beams but never at a point more than fourteen feet above the curb level; provided that the space occupied by fire- escapes, and by chimneys or flues located in yards and attached to the house, which do not exceed five square feet in area and do not obstruct light or ventilation, shall not be deemed a part of the lot occupied. Maxim.um height. § 33. The height of no tenement house hereafter erected shall by more than one-half exceed the width of the widest street upon which it stands. Windows. § 34. In every tenement house hereafter erected, every room except water-closet compartments and bathrooms shall have at least one window opening directly upon the street, or upon a yard or court of the dimen- sions specified in sections 20 to 27 of this act, and such windows shall be so located as to properly light all portions of such rooms. Window area. § 35. In every tenement house hereafter erected, the total window area in each room, except water-closet compartments and bathrooms, shalli be at least one-eighth of the superficial area of the room, except in the cellar or basement, where it shall be one-sixth, and the upper half of all windows shall be made so as to open the full width. No such window shall be less than twelve square feet in area between the stop beads. Act 4097, §§ 36-40 GENERAL LAWS. 1408 Eooms, minimum dimensions. § 36. In every tenement house hereafter erected, all rooms, except water-closet compartments and bathrooms, shall be of the following di- mensions: In each apartment there shall be at least one room containing not less than one hundred and twenty square feet of floor area, and each other room shall contain at least eighty square feet of floor area. Each room shall be in every part not less than eight feet six inches from the finished floor to the finished ceiling; provided, that an attic room need be but eight feet six inches high in but one-half its area. Alcove rooms. § 37. Alcove rooms must conform to all the requirements of other rooms. Windows in public halls. § 38. In every tenement house which is hereafter erected, which is occupied or arranged to be occupied by more than two families on any floor, or which exceeds four stories and cellar in height, every public hall shall have at least one window opening directly upon the street or upon a yard or court, except as otherwise provided in this section. Any part of a hall which is shut off from any other part of said hall by a door or doors, shall be deemed a separate hall within the meaning of this section. In every tenement house hereafter erected where the pub- lie hall is not provided with a window opening directly to the outer air as above provided, there shall be a stair-well not less than twelve inches wide extending from the entrance floor to the roof, and all doors leading from such public halls shall be provided with translucent glass panels of an area not less than five square feet for each door, and also with fixed transoms of translucent glass over each door. Size of windows in public halls. § 39. In every tenement house hereafter erected, one at least of the windows provided to light each public hall or part thereof shall be at least two feet six inches wide, measured between stop beads. In every such house there shall be in the roof, directly over each stair-well, a ventilating skylight provided with ridge ventilators having a minimum opening of forty square inches, or such skylight shall be provided with fixed or movable louvres; the glazed roof of such skylight shall be not less than twenty square feet in area. In tenement houses hereafter erected where the stairs and public halls are not provided with windows on each floor opening directly into the outer air, the skylights shall be provided with both such ridged ventilators, and also with fixed or movable louvres, or movable sashes. Windows in stair halls. § 40. In every tenement house hereafter erected, the windows required by law on each floor to light or ventilate stair halls shall be at least fifteen square feet in area, measured between stop beads. There shall be provided at each story at least one of said windows, which shall be at least three feet wide and five feet high, measured between the stop beads. 1409 TENEMENT HOUSES. Act 4007, §§ 41-45 Sash doors in entrance halls and public halls shall be deemed the equiva- lent of a window for lighting purposes, provided that such doors contain the amount of glazed surface prescribed for windows. Access to rooms. § 41. In every apartment of thi ee or more rooms in a tenement house hereafter erected, access to every living room and bedroom and to at least one water-closet compartment shall be had without passing through any bedroom. Additional rooms. § 42. Any additional room or hall that is hereafter constructed or created in a tenement house shall comply in all respects with the pro- visions of Chapter III of this act, except that such rooms may be of the same height as the other rooms on the same story of the house. Light shafts. § 43. Any shaft used or intended to be used to light or ventilate rooms intended to be used for living purposes, and which may hereafter be placed in tenement houses erected prior to May 10, 1909, shall not be less in area than twenty-five square feet, or less than four feet in width in any part, and such shaft shall under no circumstances be roofed or covered over at the top with a roof or skylight; every such shaft shall be provided at the bottom with a horizontal intake or duct, of a size not less than four feet square and communicating directly with the street or yard, and such duet shall be so arranged as to be readily cleaned out. Vent shafts. § 44. Every vent shaft hereafter constructed in a tenement house shall be at least twenty square feet in area, and the least dimension of such vent shaft shall be not less than four feet; and if the building be above sixty feet in height such vent shaft shall, throughout its entire height, be increased in area three square feet for each additional twelve feet of height or fraction thereof; and for each twelve feet of height less than sixty feet such vent shaft may be decreased in area three square feet. A vent shaft may be enclosed on all four sides but shall not be roofed or covered over in any way. Every such vent shaft shall be provided with a horizontal intake or duct at the bottom, communi- cating with the street or yard or with a court; such duct or intake to be not less than four square feet in total area. Such duct shall be con- structed of fireproof material in a manner approved by the department charged with the enforcement of this act, and shall enter the shaft at a point not less than six inches above the bottom thereof, and shall be pro- vided with a wire screen of not less than one inch mesh at each end. Such duct shall be so arranged as to be easily cleaned out. Cellars for living purposes. §45. In no now existing or new tenement house shall any room in the cellar be constructed, altered, coaverted or occupied for living pur- poses; and no room in the basement of a tenement house shall be con- Gen. Laws — 89 Act 4097, §§46-49 GENERAL LAWS. 1410 structed, altered, converted or occupied for living purposes, unless all of the following conditions of this ordinance be complied with, and at least one-third of the basement shall be above grade for building; provided, in each case it shall be at least four feet six inches above the street grade. Such rooms shall be at least eight feet six inches high in all now exist- ing or new tenement houses in every part, from the floor to the ceiling. There shall be appurtenant to such room or apartment a water-closet conforming to the regulations and ordinances relating to water-closets, of the incorporated town, incorporated city or city and county in which the tenement house is or is to be built. Walls below ground to be damp-proof. § 46. Every tenement house hereafter erected, shall have all walls below the ground level and all cellar or lower floors damp-proof and water-proof. When necessary to make such floors and walls damp-proof and water-proof, the damp-proofing and water-proofing shall run through the walls as high as the ground level and continue throughout the floor. All cellars and basements in such tenement houses shall be properly lighted and ventilated to the satisfaction of the department charged with the enforcement of this act. Drainage. §47. In every tenement house hereafter erected the bottom of all shafts, courts, areas, and yards which extend to the basement for light or ventilation of living rooms, must be six inches below the floor level of the part occupied or intended to be occupied. In every tenement house all shafts, courts, areas and yards shall be properly graded and drained, and connected with the street sewer so that all water may pass freely through into it, and when required by the department charged with the enforcement of this act, shall be properly concreted. Sinks. § 48. In every tenement house hereafter erected, there shall be in each apartment a proper sink with running water. Water-closets and baths. § 49. In every tenement house hereafter erected, there shall be a separate water-closet in a separate compartment within each apartment and a shower bath or bath tub shall be provided on each floor. Every water-closet and bathroom hereafter placed in any tenement house shall be j)laced in a separate compartment from every other water-closet and bath; each compartment shall not be less than two feet four inches wide, and shall be enclosed with plastered partitions, which shall extend to the ceiling. Nothing in this section in regard to the separation of water-closet compartments from each other shall apply to a general toilet- room containing several water-closets hereafter placed in a tenement house, provided such water-closets are supplemental to the water-closet accommodations required by law for the use of the tenants of said house. Nothing in this section in regard to the ventilaton of water-closet com- 1411 TENEMENT HOUSES. Act 4097, §§ 50-54 partments shall apply to a water-closet hereafter placed in a tenement house, where it is providecl to replace a defective fixture in the same position and location. No water-closet shall be maintained in the cellar of any tenement house without a special permit in writing from the department charged with the enforcement of this act, which shall have power to make rules and regulations governing the maintenance of such closets. Every water-closet compartment hereafter placed in any tene- ment house shall be provided with proper means of lighting at night. If fixtures for gas or electricity are not provided in said compartment, then the door of said compartment shall be provided with translucent glass panels not less in area than four square feet. The floor of every such water-closet compartment shall be made water-proof with asphalt, tile, stone, or some other water-proof material; and such water-proofing shall extend at least six inches above the floor so that said floor can be washed or flushed without leaking. No drip trays shall be permitted. No water-closet fixtures shall be encased in any woodwork. Closets in existing houses. § 50. In all now existing tenement houses, the woodwork enclosing all water-closets shall be removed from the front of said closets and the space underneath the seat shall be left open. The floor and other surface beneath and around the closet shall be maintained in good order and repair and if of wood shall be kept well painted with light colored paint. Sinks in existing houses. § 51. In all now existing tenement houses, the woodwork inclosing sinks located in public halls or stairs shall be removed, and the space underneath said sink shall be left open. The floors and wall surfaces beneath and around the sink shall be maintained in good order and repair, and if of wood, shall be well painted. Cellar floors. § 52. The floor of the cellar or lowest floor of every tenement house shall be water-tight, and the cellar ceiling shall be plastered when so required by the department charged with the enforcement of this act, except where the first floor above the cellar is constructed of iron beams and fireproof filling. Cellar walls. §53. The cellar walls and ceilings of every tenement house shall be thoroughly whitewashed or painted a light color by the owner and shall be so maintained. Such whitewash or paint shall be renewed whenever necessary as may be required by the department charged with the enforcement of this act. Houses must be kept in repair. § 54. Every tenement house and all parts thereof shall be kept in good order and the roof shall be kept so as not to leak, and all rainwater shall be so drained and conveyed therefrom as to prevent it dripping on the ground or causing dampness in the walls, ceilings, yards or areas. Act 4097, §§ 55-63 GENERAL LAWS. 1412 Cleanlinesi5. § 55. Every tenement house and every part thereof shall be kept clean and free from any accumulation of dirt, filth or garbage or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected or belonging to same. § 56. In every tenement house there shall be at the bottom of every shaft and inner court, a door giving sufficient access to such shaft or court to enable it to be properly cleaned out. Court walls. §57. The walls of all yard courts, inner courts and shafts, unless built of a light color brick or stone, shall be thoroughly whitewashed by the owner, or shall be painted a light color by him and so maintained. Wall-paper. § 58. No wall-paper shall be placed upon a wall or ceiling of any tenement house unless all wall-paper shall be first removed therefrom and said wall and ceiling thoroughly cleaned. Receptacles for garbage. § 59. The owner of every tenement house shall provide for said build- ing proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other matter. Keeping of livestock. § 60. No horse, cow, calf, swine, sheep or goat shall be kept in a tene- ment house, or within twenty feet thereof on the same lot, and no tenement house, or the lot or premises thereof, shall be used for a lodging- house or stable, or for the storage or handling of rags. Janitor. § 61. "Whenever there shall be more than eight families living in any tenement house, in which the owner does not reside, there shall be a janitor, housekeeper, or some responsible person who shall reside in said house and have charge of same, as the department charged with the enforcement of this act shall so require. Overcrowding. § 62. No room in any tenement house shall be so overcrowded that there shall be afforded less than four hundred cubic feet of air to each adult, and two hundred cubic feet of air to each child under twelve years of age occupying such room. Construction of building, specifications to be filed. § 63. Before the construction or alteration of a tenement house, or the alteration or conversion of a building for use as a tenement house is commenced, and 'before the construction or alteration of any building or structure on the same lot with a tenement house, the owner, or his ageut, or architect, shall submit to the department charged with 1413 TENEMENT HOUSES. Act 4097, §§ 64-67 the enforcement of this act, a detailed statement in writing, verified by the affidavit of a person making the same, of the specifications for the construction and for the light and ventilation of such tenement house or building, upon a blank or form to be furnished by such department, and also a full and complete copy of the plans of such work. Such state- ment shall give in full the name and residence, by street and number, of the owner or owners of such tenement house or building. No person, however, shall be recognized as the agent of the owner, unless he shall file with the said department a written instrument signed by such owner designating him as agent. Any false swearing in a material point in such affidavit shall be deemed perjury. Such specifications, plans and statements shall be filed in said department and shall be deemed public records, and no such specifications, plans or statements shall be removed from said department. Rent not recoverable, when. § 64. If any building hereafter constructed as or altered into a tene- ment house be occupied in whole or in part for human habitation in violation of the last section, during such unlawful occupancy no rent shall be recoverable by the owner or the lessee of such premises for said period, and no action or special proceeding shall be maintained therefor, or for the possession of said premises for the nonpayment of such rent. Who shall enforce act. § 65. Except as herein otherwise provided, the provisions of this act shall be enforced by the departments of any incorporated town, incor- porated city, or city and county to which this act applies, which are now charged with the enforcement of laws, ordinances and regulations relating to the erection of buildings, the protection of public health or police and fire protection. Abrogation of powers not intended. § 66. Nothing in this act shall be construed to abrogate or impair the powers of the department of health, the department of public works or of the courts, to enforce any provisions of the charter or building ordinances and regulations of any incorporated town, incorporated city, or city and county, not inconsistent with this act, or to prevent or punish violations thereof. Violation of act, penalty for. § 67. Every person who shall violate or assist in the violation of any provisions of this act shall be guilty of a misdemeanor punisbaljle by imprisonment for ten days for each and every day that the violation shall continue, or by a fine of not less than ten dollars or more than one hundred dollars if the offense be not willful, or two hundred and fifty dollars if the offense be willful, and in every case of ten dollars for each day after the first that such violation shall continue, or by both such fine and imprisonment in the discretion of the court. The owner of the tene- ment house or part thereof, or of any building or structure upon the same lot with a tenement house, or of the said lot, where any violation Act 4097, §§ 68-71 GENERAL LAWS. 1414 of this act, or a nuisance exists, and any person who shall assist and violate any provisions of this act, or any notice or order of the depart- ment charged with the enforcement, shall also jointly and severally for each violation and each nuisance be subject to a civil penalty of" fifty dollars. Same. § 68. Any owner, agent, architect, builder, contractor, svib-contractor or foreman who shall, in the construction or alteration of any building intended to be used as a tenement house, knowingly violate any of the provisions of the building laws, contained in or based upon this act, ordinances or regulations, shall be guilty of a misdemeanor. Fines shall be a lien. § 69. Every fine imposed by judgment under sections 67 and 68 of this act upon a tenement house owner, shall be a lien upon the house in relation to which the fine is imposed from the time of the filing of a certified copy of said judgment in the office of the clerk of the county in which said tenement house is situated. Owners and lessees to file statement. § 70. Every owner of a tenement house and every lessee of the whole house, or other person having control of a tenement house, shall file in the department charged with the enforcement of this act, a notice con- taining his name and address and also a description of the property, by street and number and otherwise, as the case may be, in such manner as will enable the department charged with the enforcement of this act to easily find the same; and also the number of apartments in each house, the number of rooms in each apartment, and the number of families occupying the apartments. In case of a transfer of any tenement house, it shall be the duty of the grantee of said tenement house to file in the department charged with the enforcement of this act, a notice of such transfer, stating the name of the new owner, within thirty days after such transfer. In case of the devolution of the said property by will, it shall be the duty of the executor and the devisee, if more than twenty-one years of age, and in case of devolution of such property by inheritance without a will, it shall be the duties of the heirs, or in case all of the heirs are under age it shall be the duty of the administrator of the deceased owner of said property to file in said department a notice, stating the death of said owner and the names of those who have succeeded to his interests, within thirty days after the death of the decedent, in case he died intestate, and within thirty days after the probate of his will, if he died testate. Service of process. § 71. Every owner, agent or lessee of a tenement house shall file in the department charged with the enforcement of this act, a notice con- taining the name and address of such agent of such houses, for the pur- pose of receiving service of process, and also a description of the prop- erty, by street and number or otherwise, as the case may be, in such 1415 TENEMENT HOUSES. Act 4097, §§ 72-77 manner as will enable the department of health to easily find the same. The name of the owner or lessee may be filed as agent for this purpose. Time of servica. § 72. Every notice or order in relation to a tenement house shall be served five days before the time for doing the thing in relation to which it shall have been issued. Summons, service of. § 73. In any action brought by any department charged with the enforcement of this act in relation to a tenement house for injunction, vacation of the premises, or other abatement of nuisance, or to establish a lien thereon, it shall be sufiicient service of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure. Must not be used as assignation house. § 74. A tenement bouse shall be subject to a penalty of one thousand dollars, if it or any part of it shall be used for the purposes of a house of prostitution or assignation of any description, with the permission of the owner thereof, or his agent, and said penalty shall be a lien upon the house and the lot upon which the house is situated. When to be deemed so used. § 75. A tenement house shall be deemed to have been used for the purposes specified in the last section with the permission of the owner or lessee thereof, if summary proceedings for the removal of the tenants of said tenement house, or so much thereof as is unlawfully used, shall not have been commenced within five days after notice of such unlawful use, served by the department charged with the enforcement of this act in the manner prescribed by law for the service of notices and orders in relation to tenement houses. Evidence. § 76. In a prosecution against an owner or agent of a tenement house under section 647 of the Penal Code, or in an action to establish a lien under section 74 of this act, the general reputation of the premises in the neighborhood shall be competent evidence, but shall not be sufficient to support a judgment without corroborative evidence, and it shall be presumed that their use was with the permission of the owner or lessee; provided that such presumption may be rebutted by evidence. Who styled as defendant. §77. Said action shall be brought against the tenement house as defendant. Said house may be designated in the title of the action by its street and number or in any other method sufficiently precise to secure identification. The property shall be described in the complaint. The plaintiff, except as hereinafter provided, shall be any department charged with the enforcement of this act. Act 4097, §§ 78-82 GENERAL LAWS. 1416 Where action shall he hrought. § 78. Said action shall be brought in the superior court in the county or city and county in which the property is situated. At, or before the commencement of the action, the complaint shall be filed in the office of the clerk of the county or city and county, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Judgment. § 79. The judgment in such action, if in favor of the plaintiff, shall establish the penalty sued for as a lien upon said premises, subject only to taxes, assessments, and to such mortgage and mechanics' liens as may exist thereon prior to the filing of the notice of pendency of the action. Statutes inconsistent repealed. § 80. All statutes of the state and ordinances of incorporated towns, incorporated cities and cities and counties so far as inconsistent with the provisions of this act, are hereby repealed; provided, that nothing in this act contained shall be construed as repealing or abrogating any present law or ordinance in any incorporated towns, incorporated city or city and county of the state, further restricting or prohibiting the occupation of cellars, or increasing the amount of air space to each individual occupying a room, or as prohibiting any further ordinance with respect thereto. Ordinances shall not modify act. § 81. Except as herein otherwise provided, every tenement house shall be constructed and maintained in conformity with the existing law, but no ordinance, regulation or ruling of any municipal authority shall modify or dispense with any provisions of this act. Permits for construction. § 82. Every person desiring to construct a tenement house shall obtain a permit from the department charged with the enforcement of this act, for which he shall pay into the general fund of said incorporated town, incorporated city or city and county the sum of ten (10) cents for each one thousand cubic feet or fractional part thereof contained therein. No permit to be issued for less than three dollars ($3). Every owner or lessee of a tenement house shall obtain at the beginning of each year a license from the department charged with the enforcement of this act, for which he shall pay the following sums: For a house accommodating not more than five families $1, for each additional five families $1 for each fiscal year. Such moneys shall be paid into the general fund of Baid incorporated town, incorporated city or city and county. 1417 THEATERS— TORRENS LAND SYSTEM. Acts 4099-4115 TITLE 519. THEATEES. ACT 4099. An act lualving it unlawful to refuse admission to places of amusement. [Approved March 23, 1893. Stats. 1893, p. 220.] Citations. Cal. 140/360; 149/81, 82. Codified by §§53 and 54 of Civil Code, adopted 1905. See ante, Act 605. "Superseded by Civil Code, §§53, 54 (1905, p. 554). ConstitiTtionnl : Green- berg V. Western Turf Assn., 140 Cal. 357; Greeuberg v. Western Turf Assn., 148 Cal. 126." TITLE 520. THISTLE. ACT 4104. Thistle, Scotch or Canada, act to prevent propagation of in the counties of Humboldt, Siskiyou, Klamath, Del Norte, and Alameda. [Stats. 1871-72, p. 214.1 TITLE 521. TIA JUANA FLOOD. ACT 4109. Appropriation for the benefit of the sufferers of the Tia Juana flood. [Stats. 1891, p. 450.] Unconstitutional: Patty v. Colgan, 97 Cal. 251. TITLE 522. TOBACCO CULTURE. ACT 4113. An act to provide for experimental work in tobacco culture in the state of California, and making an appropriation therefor. [Approved March 8, 1907. Stats. 1907, p. 186.] . This act provided for investigations add experiments under the supervision Bnd direction of the director of the agricultural station of the University of. California. TITLE 523. TOEEENS LAND SYSTEM. ACT 4114. An act to create a special commission for the purpose of examining and reporting to the thirty-first session of the legislature on the Torrens land transfer act of Australia, and making an appropriation therefor. [Approved March 9, 1893. Stats. 1893, p. 121.] This act created a commission of five persons for the purpose indicated. ACT 4115. An act for the certification of land titles and the simplification of the transfer of real estate. [Approved March 17, 1897. Stats. 1897, p. 138.] Citations. Cal. 151/42, 44, 45, 48, 50. Act 4115, §§ 1-5 GENERAL LAWS. 1418 COUNTY EECOEDEES EX OEFICIO EEGISTRAES. Recorders to toe registrars. § 1. Recorders and ex officio recorders in the several counties of this state shall be registrars of titles in their respective counties, and their deputies shall be deputy registrars. All laws relative to recorders and their deputies, including their compensation, clerk hire, and expenses, shall extend to registrars and their deputies, so far as the same may be applicable, except as in this act otherwise provided. Eegistrars of titles shall be county officers within the meaning of the laws of this state. Bonds of recorders to cover their duties as registrars. § 2. The official bonds now required by law to be given by recorders and ex officio recorders before entering upon the discharge of their duties, shall also apply to and cover the faithful discharge of their duties as registrars, whether such additional condition be specifically provided for in such bonds or not. Deputies may act. § 3. Deputies may perform any and all duties of the registrar, in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar. Registrar and deputy not to practice law. § 4. Registrars and deputy registrars are prohibited from practicing law, or acting as attorneys or counselors at law, or having as a partner a lawyer or any one who acts as such, or from acting as searchers of title under this act. BRINGING LAND UNDEE THE ACT. Application by verified petition; character of applicant; county of appli- cation. § 5. Land may be brought under the operation of this act by the filing with the county clerk of a verified petition to the superior court of the county within which such land is situated, by the owner of any estate or interest in such land, whether legal or equitable (other than an un- divided share, or an easement). The clerk shall immediately indorse on such application the exact time of its presentation, and enter the same in a book kept for that purpose and known as the land register docket. Persons who collectively claim to hold the entire legal estate in fee simple may jointly file such petition. A corporation may apply by its authorized agent, an infant by his guardian; any other person under disability by his guardian or trustee. Laud constituting a single parcel and lying partly in two or more counties may be included in one applica- tion, which may be made in either county in which the land lies, but the certificate issued therefor must be filed with the registrars of all the counties within which such land is situate. Two or more parcels of land may be included in one application if owned by the same person and in the same right. 1419 TORRENS LAND SYSTEM. Act 4115, § 6 Contents of application. §6. The petition shall set forth substantially: (a) The name, occupation, place of residence, and postoffice address of the applicant, and if the application is by one acting in behalf of another, the name, place of residence, postoffice address, and capacity of the person so acting, and the nature of the disability of the person for whom he is acting. (b) Whether the applicant (except in case of a corporation) is mar- ried or not, and if married, the name and residence of the husband or wife. (c) The description of the land. (d) The applicant's estate or interest in the same, and whether the same is subject to an estate of homestead. (e) Whether the land is occupied or unoccupied, and, if occupied, the name and postoffice address of each occupant, and what estate or interest he has or claims in the land. (f) Whether the laud is subject to any easement, lien, or encumbrance, and, if any, the name and postoffice address if known of each holder thereof, and the nature and amount of the same, and, if recorded, the book and page of the record. (g) Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion, or expectancy, and, if any, the name and postoffice address if known of every such person, and the nature of his estate or claim. (h) The names and postoffice addresses of all the owners of the adjoin- ing lands, so far as he is able, upon diligent inquiry, to ascertain the same. (i) If the applicant is a male, that he is of the full age of twenty-one years; if a female, that she is of the full age of eighteen years. If the application is made by a corporation, its name, when and where incor- porated, its principal place of business, and the names and postoffice addresses of its president and secretary. If the application is by a hus- band or wife, and the property is community property, the petition must so state, and both spouses must join therein. A plat or plan of survey of the land made by the county or a licensed surveyor must accompany the application, and if said land is a part of a city, town, or subdivision, the application must refer to the book and page of the records of the county where the map of said city, town, or subdivision is recorded, if at all. Each application must be accompanied by an abstract of the title, verified by the searcher making the same, as required in proceedings in partition, or, if made by a corporation engaged in the business of mak- ing and certifying abstracts of title, then in lieu of the affidavit a certificate by such corporation, under its seal, shall be sufficient. When the title to the land in question has been previously determined by a final decree of a court of competent jurisdiction, such abstracts need not antedate such decree unless required by the court in which such applica- tion is filed. No person or corporation shall be authorized to make or Act 4115, §§ 7-11 GENERAL LAWS. 1420 ■furnish such abstracts of title until after entering into an undertaking with two or more sufficient sureties to the people of the state of Cali- fornia in a sum not less than ten thousand dollars, which may be in- creased from time to time by order of the court. Such bonds shall be recorded in the record of official bonds in the recorder's office of the county, and then filed in the county clerk's office. Said bond shall be conditioned to pay all damages and costs which the state may sustain by reason of any error or insufficiency in said abstract. The sureties on such bond shall qualify as provided in section 1057 of the Code of Civil Procedure, and the sufficiency of the bond and of the sureties thereon shall be approved by a judge of the superior court of the county where such bond is to be filed. The sureties upon such bond may become severally liable in portions of not less than five hundred dollars each, making in the aggregate at least two sureties for the whole sum. Said bond shall be renewed as often, at least, as once in every period of three years. Registration of fee simple must precede all else. §7. No mortgage, lien, charge, or lesser estate than a fee simple shall be registered unless the fee simple to the same land is first registere(\. Registration not to be raised because of encumbrance, § 8. It shall not be an objection to bringing land under this act, that the estate or interest of the applicant is subject to any outstanding lesser estate, mortgage, lien, or charge; but every such lesser estate, mortgage, lien, or charge shall be noted upon the certificate of title and the duplicate thereof, and the title or interest certified shall be subject only to such estates, mortgages, liens, and charges as are so noted, except as herein provided. No registration based on tax title until after five years adverse possession. § 9. No title derived through sale for any tax or assessment shall be entitled to be first registered, unless it shall appear to the satisfaction of the court, upon the hearing of the application, that the applicant, or those through whom he claims title, have been in the open, actual, con- tinuous, uninterrupted, undisputed, exclusive, and adverse possession of the land under such title at least five years, and have paid all taxes and assessments legally levied thereon for five successive years. Amendment to application verified. § 10. The application may be amended only by petition verified as in the case of the original. Such amendment may be ordered by the court on its own motion, or upon the motion of any person interested in the proceeding. Filing of application to be notice to subsequent purchasers. § 11. The filing of the application in the office of the county clerk shall be sufficient notice of the same to all subsequent purchasers or encumbrancers without the filing of a lis pendens in the office of the recorder. 1421 TORRENS LAND SYSTEM. Act 4115, 55 12-15 Court to dismiss application, or set it for hearing. § 12. The court shall, in its discretion, examine the abstract itself, or refer the same, as provided in section 18 of this act. If it shall appear to the court, from an examination of the abstract, or from the report of the referee, that the title to the land described in the application is substantially as alleged by the applicant, the application shall be set for hearing, otherwise the court may order the application dismissed. Notice of hearing to he given; anyone may appear and object; costs. § 13. "When the time and place for hearing the application is fixed by the court, notice thereof shall be given to all parties interested, as shown by the petition and the abstract or referee's report, and to the husband or wife of the applicant, if married, and the owners of adjoining lands, in the same manner as the service of a summons in a civil action, and by publication for at least four weeks, in some newspaper of general circulation, to be designated by the court; provided, that no copy of abstract or map need be served with the petition. Any person interested may appear and object to the granting of the application, and if such objection is sustained, the costs of the same shall be paid by the appli- cant; if not, by the person so objecting. The time for appearance after service shall be the same as in the case of a civil action. Upon the hearing the court to take evidence on the allegations of peti- tion; and may adjourn hearing. § 14. Upon the day set for the hearing of the application, or at such time as the same may be continued to, the court shall cause examination to be made into the applicant's title to the land in question, and shall hear testimony as to the allegations of the petition, or of any objections thereto; and if any defects are found in the application, or in the appli- cant's title to the land, or if any of the allegations of the petition are found to be untrue, or any objections to said petition are sustained, the court may dismiss such application, or may give the applicant such fur- ther time as the court may deem reasonable, before finally passing upon his application. Decree setting forth title to he made by court on granting application. § 15. If it shall be made to appear, to the satisfaction of the court, that the notice required by section thirteen has been duly given and served; that the facts stated in the application are true, and that the applicant is the owner of the land, or interested therein, as set forth in the petition, the court shall duly make, give and enter a decree to that effect, which said decree shall contain an accurate description of the property in question, with a diagram thereof, and also shall set forth all liens and encumbrances on said land, with the name of the holder thereof, and the nature, amount, and order of the same, and, if recorded, the book and page of the record. Any party aggrieved by such decree may appeal therefrom in the manner now or hereafter provided by law for appeals in civil actions. Act 4115, §§ 16-21 GENERAL LAWS. 1422 Registrar to issue certificate of title upon filing of certified copy of decree. § 16. A certified copy of such decree shall be filed in the office of the registrar, who shall thereupon issue a certificate of title to the person entitled thereto as shown by said decree, and shall proceed to bring said land under the operation of this act, as herein provided. Said cer- tificate shall contain the description of the property set forth in the decree, and shall also show the nature, amount, and order of the liens thereon. Decree to be in rem, and conclusive. § 17. The decree of the court ordering registration shall be in the nature of a decree in rem, and shall be final and conclusive as against the rights of every and all persons, known and unknown, to assert any estate, interest, claim, lien, or demand of any nature or kind whatever, against the land so ordered registered, except as provided in this act. Court to appoint referee; compensation of searcher and of referee. § 18. Upon the filing of the petition the court may appoint a referee to examine and report upon the abstract accompanying the same. Such referee shall be an attorney in good standing, skilled in the examination of titles, of not less than three years' practice at the bar of the court so appointing him. The compensation of the 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. Written opinion of referee to be filed before decree made. § 19. Whenever such abstract shall be made and such referee ap- pointed, no decree shall be entered by the court until the written opinion of such referee shall be filed in the proceeding, showing the nature of the applicant's title to the land; and if the same is subject to any lesser estate, mortgage, lien, or charge, particularly specifying the same and the priority thereof. The estate of homestead shall be included in the term "lesser estate." Applicant may withdraw application upon payment of fees at any time prior to issuance of certificate of title. § 20. Any applicant may, upon payment of all fees due, withdraw his application for registration at any time prior to the issuing of a cer- tificate of title; and upon the written request of such applicant and the order of the court, the clerk shall return to the applicant all abstracts of title, deeds, and other instruments, except depositions or affidavits deposited by him for the purpose of supporting his application. On transfer of interest or death of applicant, proceedings may be con- tinued. § 21. In case of the death or any disability of the applicant, the court, on motion, may allow the proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the proceeding may be continued in the name of the original 1423 TORRENS LAND SYSTEM. Act 4115. §§ 22-24 applicant, or the court may allow the person to whom the transfer is made to be substituted in the proceeding. Eegistrar to keep record of particulars of issuance. § 22. The registrar shall immediately, upon the registration of any land, make an entry in a book kept by him for that purpose, showing the name of the person to whom the certificate was issued, its number, the daj', hour, and minute of its issuance, the name of the person to whom the duplicate certificate was delivered, and the book and page where the original certificate is entered or recorded. Certificate of title to be in duplicate; its contents; original to be re- tained by registrar. § 23. Every first and subsequent certificate of title shall be in dupli- cate and numbered consecutively and bear date the year, month, day, hour, and minute of its issue, and be under the hand and official seal of the registrar, one copy of which shall be retained by the registrar and be known as the original, and the other shall be delivered to the owner, or person acting for him, and be known as the duplicate. It shall state whether the owner, except in the case of a corporation, executor, adminis- trator, assignee, or other trustee, is married or not married, and the name of the husband or wife. If the owner is a minor it shall state his age; if under any other disability, the nature of the disability. If issued to an executor or administrator, the certificate shall show the name of the deceased testator or intestate; if to an assignee in insolvency, the name of the insolvent. The registrar shall note at the end of the certificate, original and duplicate, in such manner as to show and preserve their priorities, the particulars of all estates, mortgages, liens, encumbrances, and charges to which the owner's title is subject. Form of certificate, § 24. No particular form of certificate of title is required, but the same may be, subject to such changes as the case may require, substan- tially in the following form: State of California, ) gg County of , j A. B. (state occupation and residence, giving street and number), state of California (if an administrator, give the name of the deceased; if a minor, give his age; if 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, encumbrances, and charges hereunder noted. (In case of trust, condition, or limitation, say "in trust," or "upon con- dition," or "with limitation," as the case may be.) 1. Mortgage to C. D. for the sum of $ , dated , payable after date, with interest at per cent per , interest payable . 2. Mechanic's lien in favor of X. Y. for $ , filed . Act 4115, §§ 25-27 GENERAL LAWS. 1424 3. Assessment for improvement of street. Amount $ , due (Any other encumbrances or charges.) In witness whereof, I have hereunto set my hand and caused my official seal to be affixed, this day of . [Seal] , Eegistrar of Titles in and for the county of , state of California. Tenants in common may receive each a certificate. § 25. In all cases where two or more persons are entitled as tenants in common to an estate in registered land, such persons may receive one certificate for the entirety, or each may receive a separate certificate for his undivided share. Registered owner may consolidate several or divide up one certificate. § 26. Upon the application of any registered owner of land held under separate certificates of title, or under one certificate, and delivering up of such certificate or certificates of title, the registrar may issue to such owner a single certificate of title for the whole of such land, or several certificates, each containing a portion of such land, in accordance with such application, and as far as the same may be done consistently with any regulations at the time being in force, respecting the certificates of land that may be included in one certificate of title; and upon issuing any such certificate of title said registrar shall indorse on the last previous certificate of title of such land so delivered up a memorial, set- ting forth the occasion of such cancellation and referring to the volume and folium of the new certificate or certificates of title so issued. Certificate may be issued by order of court in lieu of lost duplicate; pro- ceedings therefor. § 27. In the event of a duplicate certificate of title being lost, mis- laid, or destroyed, the owner may apply to the court for an order upon the registrar to issue a certified copy of the original certificate of regis- tration. Upon the hearing of such application, the court may order such notice to be given to such persons, and for such time as it may deem proper. If the court is satisfied that the applicant is the person named in the original certificate on file in the registrar's office, and that the duplicate certificate has been lost, mislaid, or destroyed, the court shall make an order directing the registrar to issue a certified copy of the original certificate to the applicant. A certified copy of such order shall be filed in the registrar's office, who shall thereupon issue to such appli- cant a certified copy of the original certificate, with the memorials and notations appearing upon the register, and shall note upon the register the fact, cause, and date of such issue, and shall also mark upon such certified copy: "Owner's certified copy, issued in place of lost (mislaid, or destroyed, as the case may be) certificate," and such certified copy shall stand in the place of, and have like effect, as the missing duplicate certificate. In case' of a lost certificate, no transfer of the land shall be made until such certified copy is issued by the registrar. A certified 1425 TORRENS LAND SYSTEM. Act 4115, §§ 28-32 copy of the certificate of title may be issued by the registrar for use as evidence, upon the receipt by him of an order therefor made by. the court; provided, that such certified copy shall have written or stamped across the face thereof the words "For use as evidence only." The issu- ance of such certified copy and the purpose thereof shall also be noted upon the original certificate by the registrar. Change of name or of description to be noted on order of court. §28. If an owner's name or description is incorrectly registered, or becomes changed (c. g., by marriage, adoption, divorce, etc.), the court, upon the filing of an application and proof of facts in the manner set forth in section 27 of this act, and the production by the owner of the duplicate certificate, shall order the registrar to issue a new certificate, with such changes as the case may require. THE KEGISTER OF TITLES. Original certificate to be entered in register; memorials to be on latest certificate. §29. The registrar shall keep a book, to be known as the "Register of Titles," wherein he shall enter all original certificates of title, in the order of their numbers, with appropriate blanks for the entry of memor- ials and notations allowed by this act. Each certificate, with such blanks, shall constitute a separate folium of such book. All memorials and notations that may be entered upon the register under the terms of this act shall be entered upon the folium constituted by the last cer- tificate of title of the land to which they relate. Each certificate of title shall be numbered the same as the folium of the register on which the registration of the title of which it is a duplicate is entered. Receipt to be given for duplicate certificate on its issuance. § 30. Before the delivery of any duijlicate certificate of title, a re- ceipt for it shall be required to be signed by the owner. Where such receipt is signed in the presence of the registrar or a deputy, it shall be witnessed by such officer. If signed elsewhere, it shall be acknowledged before any officer authorized to take acknowledgments of deeds. First registration deemed complete on notation of original entries upon certificates. §31. In every case of first registration of land or an estate or interest therein, the same shall be deemed to be registered under this act, when the registrar shall have marked upon the certificate of title, in duplicate, the volume and folium of the register in which the original may be found. Transfer complete on notation upon new certificate; other dealings com- plete on notation; registration to rela.te back to filing with registrar. § o2. Every transfer of registered land shall be deemed to be regis- tered under this act, when the new certificate to the transferee shall have been marked, as in the case of the first registration; and all other deal- ings shall be considered as registered when the memorial or notation shall have been entered in the register upon the folium constituted by Gen. Laws — 90 Act 4115, §§ 33-36 GENERAL LAWS. 1426 the existing certificate of title of the land. But, for the protection of the transferee or person claiming through any transfer or dealing, the regis- tration shall relate back to the time of filing in the registrar's office the deed, instrument, or notice, pursuant to which the transfer memorial or notation is made. Party aggrieved may lonxig action against registrar and others. § 33. Any person feeling himself aggrieved by the action of the regis- trar, or by his refusal to act in any matter pertaining to the first regis- tration of land, or any subsequent transfer, or charge upon the same, or failing, or neglecting, or refusing to file any instrument, or to enter or cancel any memorial or notation, or to do any other thing required of him by this act, may file a complaint in the superior court making the registrar and other persons, whose interests may be affected, parties defendant, and the court may proceed therein as in other cases, and make such order or decree as shall be according to equity and the purport of this act. A certified copy of such order or decree shall be presented to the registrar, who shall file the same and make such entry thereof as by this act required. EFFECT OE EEGISTKATION. In absence of fraud, title to be subject only to noted encumbrances; exceptions. § 34. The registered owner of any estate or interest in land brought under this act shall, except in case of fraud to which he is a party, or of the person through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the registrar's office, and free from all others, except: 1. Any subsisting lease or agreement for a lease for a period not ex- ceeding one year, where there is actual occupation of the land under lease. The term "lease" shall include a verbal letting. 2. All public highways embraced in the description of the lands in- cluded in the certificate. 3. Any subsisting right of way or other easement, however created, upon, over, or in respect of the land. 4. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. 5. Such right of action or claim as is allowed by this act. 6. Liens, claims, or rights arising under the laws of the United States, which the statutes of California cannot require to appear of record upon the register. No adverse possession after registration possible. § 35. After land has been registered no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession. Presumption of good faith in purchaser of registered land. § 36. Except in case of fraud, and except as herein otherwise pro- vided, no person taking a transfer of registered land, or any estate or 1427 TORRENS LAND SYSTEM. Act 4115, §§ 37-42 interest therein, or of any charge upon the same from the registered owner, shall be held to inquire into the circumstances under which, or the consideration for which, such owner or any previous registered owner was registered, or be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interest is in exist- ence shall not of itself be imputed as fraud. Persons defrauded shall not lose rights. § 37. In case of fraud, any person defrauded shall have all rights and remedies that he would have had if the land were not under the provis- ions of this act; provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claiming through or under him. Registration of forged instrument void but title of bona fide owner not affected. §38. If a deed or other instrument is registered, which is forged, or executed by a person under legal disability, such registration shall be void; provided, that the title of a registered owner, who has taken bona fide for a valuable consideration, shall not be affected by reason of his claiming title through some one, the registration of whose right or interest was void, as provided in this section. No unregistered interest shall prevail against bona fide regis.tered OAvner. § 39. No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner taking bona fide for a valuable consideration, or of any person bona fide claiming through or under him. In absence of fraud, certificate of title is conclusive evidence in suit for specific performance of contract to purchase. §40. In any suit for specific performance brought by a registered owner of any land under the provisions of this act against a person who may have contracted to purchase such land, not having notice of any fraud or other circumstances which, according to the provisions of this act, would affect the right of the vendor, the certificate of title of such registered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or described. In ejectment or partition suits, certificate is conclusive evidence. § 41. In any action or proceeding brought for ejectment, partition, or possession of land, the certificate of title of a registered owner shall be held in every court to be conclusive evidence, except as herein other- wise provided, that such registered owner has a good and valid title to the land, and for the estate or interest tiierein mentioned or described, and that such registered owner is entitled to the possession of said land. The register to be received as evidence. § 42. The register of any land, and duly certified copies thereof, shall, except as herein otherwise provided, be received in law and in equity Act 4115, §§ 43-47 GENERAL LAWS. 1428 as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the estate or interests therein specified. Memorial to be noted until cancellation. §43, "Whenever a memorial has been entered, as permitted by this act, the registrar shall carry the same forward upon all certificates of title until the same is canceled in some manner authorized by this act. Dealings subsequent to first registration subject to act, § 44. All dealings with land or any estate or interest therein, after the same has been brought under this act, and all liens, encumbrances, and charges upon the same subsequent to the first registration thereof, shall be deemed to be subject to the terms of this act, and to such amendments and alterations as may hereafter be made. The bringing of land under this act shall imply an agreement which shall run with the land, that the same shall be subject to the terms and provisions of the act and of amendments and alterations thereof. Five years' limitation to bringing of action affecting registered land; incompetents to appear. § 45. No person shall commence any action at law or in equity for the recovery of land, or assert any interest, right in, or lien or demand upon the same, or make entry thereon adversely to the title or interest certified in the first certificate bringing the land under the operation of this act, unless within five years after the first registration. It shall not be an exception to this rule that the person entitled to bring the action or make the entry is an infant, lunatic, or is under any disability, but action may be brought by such person by his next friend or guardian. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall proceed,' it must be made to appear to the court that the per- son bringing such action, or those under whom he claims, had no aciual notice of the proceedings to register such lands in time to appear and file his objections or assert his claim. Action not to affect bona fide purchasers. §46. The action provided for in the last preceding section, shall in no way affect or disturb the rights of any person in said land, acquired subsequent to the registration thereof, bona fide and without knowledge, and for a valuable consideration. Claim to arise after expiration of five years preserved by noting me- morial; proceedings subsequent. §47. Any person having any interest, right, title, lien, or demand, whether vested, contingent, or inchoate, in, to, or upon registered land which existed at the time the land was first registered, and upon or for which no cause of action shall have accrued at the date of the regis- tration of the land, may, prior to the expiration of said five years after 1429 TORRENS LAND SYSTEM. Act 4115, §§ 48-51 such registration, file in the registrar's oflSce a notice, under oath, setting forth his interest, right, title, lien, or demand, and how and under whom derived, and the character and nature thereof; and if such claim is so filed, an action may be brought to assert or recover or enforce the same at any time within one year after the right of action shall have accrued thereon, or at any time wdthin the period of five years after said first registration, and not afterwards. It shall be the duty of a life tenant or trustee to file such claim on behalf of any remainderman or reversioner, whether the remainder or reversion be at the time vested or contingent, and of a guardian to file such claim on behalf of his ward, TEANSFERS. Title passes on filing of deed and of duplicate. § 48. A registered owner of land desiring to transfer his whole estate or interest therein, or some distinct part or parcel thereof, or some un- divided interest therein, or to grant out of his estate an estate for life or for a term of not less than ten- years, may execute to the intended transferee a deed or instrument of conveyance in any form authorized by law for that purpose. And upon filing such deed or other instrument in the registrar's office and surrendering to the registrar the duplicate certificate of title, the transfer shall be complete and the title so trans- ferred shall vest m the transferee; thereupon, the registrar shall issue in duplicate and register, as hereinbefore provided, a new certificate, certifying the title to the estate or interest in the land desired to be conveyed to be in the transferee, and shall note upon the original and duplicate certificate the date of the transfer, the name of the transferee, and the volume and folium in which the new certificate is registered, and shall stamp across the original and surrendered duplicate certificate the word "Canceled," in whole or part, as the case may be. New certificate to issue for remainder, if but a parcel be transferred. § 49. When only a part of the land described in a certificate is trans- ferred, or some estate or interest in the land is to remain in the trans- ferrer, a new certificate shall be issued to him for the part, estate, or interest remaining in him. Time of filing to be noted on instrument. § 50. The registrar shall mark as filed every deed, mortgage, lease, and other instrument which may be filed in his office, in the order of its receipt, and shall note thereon at the date of filing the minute, hour, day and year it is received. When the date of filing any instrument is required to be entered upon the register, it shall be the same as that indorsed upon such instrument. Papers filed to be retained. § 51. All instruments, notices, and papers required or permitted by this act to be filed in the office of the registrar, shall be retained and kept in such office, and shall not be taken therefrom except by a sub poena duces tecum issued to, and served upou the registrar by a court Act 4115, §§ 52-55 GENERAL LAWS. 1430 of record. But the registrar, on demand, the proper fee being tendered therefor, shall deliver to any person a copy or copies of such an instru- ment, with all memoranda, memorials, and indorsements thereon, duly certified under his hand and seal of office. The registrar shall, however, upon all such copies, indorse thereon in writing across the face thereof, in red ink, "Copy, no rights conveyed hereby." Such copies to be received in evidence. § 52. Every copy of original instruments so certified as provided for in the last preceding section, shall be received in all cases in place of the original, and as evidence have the same force and effect as the original instrument. Existing forms of deeds may be used. § 53. Like forms of deeds, mortgages, leases, and other instruments as are now or may hereafter be sufficient in law for the purpose intended, may be used in dealing with registered land and any estate or interest therein. Such instrument shall give the number of the certificate of title of the land described therein. But an indorsement, duly acknowl- edged, upon the duplicate certificate of title, substantially in the follow- ing form, viz.: "I, , grant to the real property described in this certificate. Witness hand and seal this day of , ," shall be sufficient to transfer the property in said certificate described. Name and address to be indorsed on instrument, and notices to be sent there. § 54. On all instruments presented to the registrar for registration shall be indorsed the name and address of the person so presenting the same, and all notices relating to the land therein described may be served on such person at such address. The address may be changed from time to time by such person filing with the registrar a written notice of such change. Instrument affecting registered land to be but a contract until registered. § 55. A deed, mortgage, lease, or other instrument purporting to con- vey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any estate or interest therein, or charge upon the same, other than a will or a lease not exceeding one year where the land is in the actual possession of the lessee or his assigns, shall take effect only by way of contract between the parties thereto, and as authority to the registrar to register the transfer, mortgage, lease, charge, or other dealing upon compliance with the terms of this act. On the filing of such instru- ment, the land, estate, interest, or charge shall become transferred, mort- gaged, leased, charged, or dealt with according to the purport and terms of the deed, mortgage, lease, or other instrument. The registrar shall immediately, upon the filing of such instrument, stamp or write upon the original and duplicate certificates of title the word "Transferred," "Mortgaged," "Leased," or otherwise, as the case may require, with th© date of filing such instrument. 1431 TORRENS LAND SYSTEM. Act 4115, §§ 56-61 Certificate before retransfer, etc., must show freedom from tax sale and homestead. § 56. No transfer of title to land, or any estate or interest therein, or mortgage, shall be registered, if the last original certificate shows that the land has been sold for any tax or assessment upon which a deed has been given, and that the title is outstanding, or upon which a deed may thereafter be given, or if said certificate shows that the estate of home- stead, if any, has not been released or extinguished, unless the transfer nr mortgage is intended to be subject to such tax sale or homestead estate, in which case it shall be so stated in the certificate of title. Certificate to state marriage or representative capacity, if any. § 57. Every certificate of title to land shall state whether the trans- feree (except when the latter is a corporation, executor, administrator, or assignee), is married or not married, and if married, the name of the husband or wife. If the transferee be an executor or administrator, the certificate shall give the name of the deceased testator or intestate, and if the transferee be an assignee, the name of the insolvent. The trans- feree shall furnish the registrar the necessary information before he shall be entitled to have the land transferred to him on the register. MOETGAGES, LEASES, AND OTHER CHAEGES. Encumbrance on registered land must be registered. § 58. Every mortgage, lease, contract to sell, or other instrument intended to create a lien, encumbrance, or charge upon registered land, or any interest therein, shall be deemed to be a charge thereon, and must be registered as hereinafter provided. Encumbrance created on filing of charge. §59. On the filing of the instrument intended to create the charge in the registrar's oftice, and the production of the duplicate certificate of title, and it appearing from the original certificate of title that the person intending to create the charge has the title and right to create such charge, and the person in whose favor the same is sought to be created being entitled by the terms of this act to have the same registered, the registrar shall enter upon the proper folium of the register, and also upon the duplicate certificate, a memorial of the pur- port thereof, and the date of filing the instrument with a reference thereto, by its file number, which memorial shall be signed by the regis- trar. The registrar shall also note upon the instrument on file the volume and folium of the register where the memorial is entered. Trust deed to be treated as a mortgage. § 60. A trust deed in the nature of a mortgage shall be deemed to be a mortgage, and be subject to the same rules as a mortgage. If instrument charging land be in duplicate or more parts, but one need be filed. § 61. When any mortgage, lease, or other instrument creating or deal- ing with a charge upon registered land or any estate or interest therein, Act 4115, §§ 62-64 GENERAL LAWS. 1432 is in duplicate, triplicate, or more parts, only one of the parts need be filed and kept in the registrar's office; but the registrar shall note upon the register whether the same is in duplicate, triplicate, or as the case may be, and shall also mark upon the others "Mortgagee's Duplicat'e," "Lessor's Duplicate," "Lessee's Duplicate," or as the case may be, and note upon the same the date of filing and the volume and folium of the register where the memorial is entered, and deliver them to the parties entitled thereto. Certified copies identified as such may be issued. § 62. When an instrument is not executed in a sufficient number of parts for the convenience of the parties, the registrar may make and deliver to each of the parties entitled thereto certified copies of the 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 effect and be treated as duplicates. Assignment of charge by filing and noting of same by memorial. § 63. The holder of any charge upon registered laud, desiring to trans- fer the same or any part thereof, may execute an assignment of the whole or any part thereof. The assignment of a part only must state whether the part transferred is to be given priority, to be deferred, or to rank equally, with the remaining part. Upon such assignment being filed in the office of the registrar and the production of the duplicate or certified copy of the instrument creating the charge held by the as- signor, 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 certified copy thereof produced, the volume and folium where che memorial is entered, with the date of the entry. The transferee shall be entitled 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 duplicate or certified copy of the instrument creatinff the charge. Belease of part or whole of charge to be noted as an assignment. § 64. A release, discharge, or surrender of a charge, or any part thereof, or of any part of the land charged, may be effected in the same way as above provided in the case of a transfer. In case only a part of the charge or of the land is intended to be released, discharged, or surrendered, the entry shall be made accordingly; but when the whole is released, discharged, or surrendered at the same or several times, the registrar shall stamp across the instrument on file, and the memorial thereof, and the duplicate or certified copy produced, the word "Can- celed." i 1433 TORRENS LAND SYSTEM. Act 4115, §§ 65-69 Charges to be enforced as at present, except as herein provided, and except that notice of lis pendens must be filed with registrar. § 65. All charges upon registered land, or any estate or interest in the same, may be enforced as now or hereafter allowed by law, and all laws with reference to the foreclosure and release or satisfaction of mortgages shall apply to mortgages upon registered land, or any estate or interest therein, except as herein otherwise provided, and except that until notice of the pendency of any suit to enforce or foreclose such charge is filed in the registrar's office, and a memorial thereof entered on the register, tfie pendency of such suit shall not be notice to the regis- trar, or any person dealing with the land or any charge thereon. ATTOENEYS IN FACT. Attorney in fact to deal with registered land must file his power. § 66. Before any person can convey, charge, or otherwise deal with registered land, or any estate or interest therein, as attorney in fact for another, the deed or instrument empowering him so to act shall be filed with the registrar, and a memorial thereof entered upon the original and duplicate certificates. If the attorney shall so desire, the registrar shall deliver to him a certified copy of the power ©f attorney, with the indorse- ments thereon. Eevocation of a power may be registered in like manner. TRUSTS, CONDITIONS, AND LIMITATIONS. Trusts, etc., to be noted without any of the particulars. § 67. Whenever a deed or other instrument is filed in the registrar's office for the purpose of effecting a transfer of, or charge upon, registered lands, or any estate or interest therein, and it appears from such instru- ment that the transfer or charge is to be in trust, or upon any con- dition or limitation therein expressed, the registrar shall note in the certificate, and the duplicate thereof, or memorial, the words "in trust," or "upon condition," or "with limitations," as the case may be, but no entry shall be made of the particulars of any such trust, conditions, or limitations. Every trustee with express authority, shall have power of sale. §68. The trustee or transferee in any such instrument named, if the instrument contains the words "with power of sale," shall have power to deal with the land as the owner thereof; and a bona fide purchaser, mortgagee, or lessee is not bound to inquire into or determine whether or not the acts of such trustees are in accordance with the terms and conditions of the trust. When such power is conferred, the registrar shall note upon the certificate and duplicate thereof the words "with power of sale." No trustee, with limitation,, shall sell without order of court to sell. § 69. If, however, such instrument does not contain the words "with power of sale," such trustee shall have no power to sell or otherwise deal with the land without an order of court so to do, duly given and Act 4115, §§ 70-74 GENERAL LAWS. 1434 made, a certified copy of which said order shall be filed with the regis- trar, and a memorial thereof entered upon the certificate of title, which shall be conclusive evidence as against all persons that the authority of such trustee was duly executed in accordance with the true inteLt and meaning of the trust, condition, or limitation. Trustee under which shall have power to sell unless it be withheld, § 70. A trustee under any will admitted to probate, unless such power shall have been expressly withheld by the terms of such will, shall have power to deal with any registered land held by him in trust as fully in every respect as if such lands belonged to him individually. ESTATES IN PROBATE, IN INSOLVENCY, AND IN EQUITY PROCEEDINGS. Existing statutes governing probate, insolvency, and equity proceedings, not affected. § 71. The distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land that is within the jurisdic- tion of any court by reason of the pendency of probate, insolvency, or equity proceedings, shall be made under the same conditions and limita- tions as now or hereafter provided by the law of this state. Orders of sale, decrees of distribution, etc., to contain direction to regis- trar. § 72. The court in its order or decree making such distribution, trans- fer, leasing, mortgaging, or other change in the status of the title of registered land, shall direct the registrar to issue a certificate of title, or to note a memorial of the transaction, as the case may require, in accord- ance with such order or diecree. Certified copy of order, decree, deed, and confirmation to be filed with registrar. § 73. The executor, administrator, assignee, receiver, or other person acting under the direction of said court, shall file with the registrar a certified copy of such order or decree, also the deed, lease, mortgage, or other instrument executed in accordance with such order or decree, and also a certified copy of the order or decree confirming such sale, lease, mortgage, or other transaction, when such confirmation is required by law. Order of court necessary for sale of land of insolvent and probate estates; confirmation and issuance of certificates thereof. § 74. Executors, administrators, and assignees in insolvency shall have no power of sale of lands registered in their names as such, without an order of court obtained for that purpose. Before any certificate can be issued to the purchaser, such sales shall be reported for confirmation to the court under whose authority such executor, administrator, or assignee is acting, and if confirmed, a duly certified copy of the order of con- firmation shall be filed in the office of the registrar, and a memorial thereof entered upon the certificate of title. Upon the filing of the cer- 1435 TORRENS LAND SYSTEM. Act 4115, §§ 75-78 tified copy of such order of confirmation and the entry of such memorial, the registrar shall issue a certificate to the purchaser at such sale, which certificate, in addition to the usual contents thereof, shall refer to the said order of confirmation. Such order of confirmation shall be con- clusive evidence that the sale was in all respects conducted in accordance with law, and the purchaser shall not be bound to inquire into the regu- larity of the proceeding, or power of the executor or administrator to make such sale. Power of sale of executor to be noted. § 75. If a testator, by his will, has provided that the executor thereof shall have a power of sale of real estate, the court shall direct the registrar to register the words "with power of sale," in respect of the land of the deceased^ and such executor shall have power to sell such land without an order of court so to do, but such sales must be confirmed by the court in the manner now or hereafter provided by the law of this state, and a duly certified copy of the order of such confirmation shall be filed with the registrar before any certificate of title can be issued to the purchaser of such land. Registrar to issue certificate or note memorial; such to "be conclusive. § 76. Thereupon the registrar shall issue the certificate of title, or note the memorial, as the case may require; and such certificate of title or memorial noted shall be conclusive evidence in favor of all persons thereafter dealing with said land. TAX SALES. Notice of purchase to be filed and mailed. §77. A purchaser of registered land sold for any tax or assessment, shall, within one daj^ after such purchase, file in the office of the regis- trar a written notice of such purchase. And thereupon the registrar shall enter a memorial thereof upon the certificate of title, and shall mail to each person named in the certificate, or in the memorials thereon, a copy of said notice, a sufficient number of said copies to be furnished to the registrar by said purchaser at the time of filing said notice. In case the state or a municipal corporation becomes the purchaser of land sold for any tax or assessment, the tax collector shall, within one day thereafter, file with the registrar a notice to that effect. And there- upon the registrar shall enter a memorial thereof upon the register, and shall mail notices to interested parties, as in the case of an individual purchaser. Unless such notice is given as herein provided, the land shall be forever released from the effect of such sale, and no deed shall be issued in pursuance thereof. Tax deed already issued must be registered. § 78. A tax deed of registered land, or of any estate or interest therein, issued in pursuance of any sale for a tax or assessment made after the taking effect of this act, may be presented by the holder thereof to the registrar, who shall thereupon enter upon the register a Act 4115, §§ 79-83 GENERAL LAWS. 1436 memorial of such deed; but such deed, unless the same shall have been issued to the state, shall have only the effect of an agreement for the transfer of the title, and before any certificate of title shall be issued for the land described in such deed, the holder thereof must file with the clerk of the superior court an application for a decree showing the title to said land to be vested in him. Interested persons musit be made parties to said application. §79. All persons appearing upon the register to be interested in said land, and also the person who appears, by the tax collector's books to have paid the tax or assessment last paid before the sale on which the deed is issued, shall be notified; and any person claiming an interest in the land, may, upon the hearing of such application, show, as cause why a certificate of title should not issue to the order of said deed, any fact that might be shown in law or in equity on his behalf to set aside such tax deed, and the applicant shall be required to show affirmatively that all the requirements of the statute to entitle him to a deed have been complied with. Decree shall be given showing condition of title. § 80. Such application shall be heard by the court, which shall render a decree showing the condition of the title to such land, and who is the owner thereof, and upon presentation to him, of a duly certified copy of such decree, the registrar shall issue a certificate for said land in accordance with the terms and conditions of said decree. Tax deed to state conclusive. §81. In case a tax deed of registered land is issued to the state or any municipal corporation, in pursuance of any sale for a tax or assess- ment made after the taking effect of this act, the registrar shall, upon the filing of such deed in his office, cancel the certificate for the land in said deed described, and issue a new certificate to the state therefor. Notice to be personal or by mail and publication. § 82. The notice required in section 80 shall be given upon all per- sons residing in the state by personal service, and upon all persons living out of the state by mail and by publication in the manner now or hereafter required by the laws of this state in an action to quiet title. If such personal service be made by a sheriff or constable, his certificate, and if by any other person, his aflidavit, shall be sufficient proof thereof. In case the place of residence of any person is not known to the registrar or the holder of such deed, notice shall be given by publication in a newspaper of general circulation in the county in which the land is situated, at least once a week for four consecutive weeks. Proof of such publication must be made in the manner now or hereafter required by the laws of this state. On redemption, memorial to be canceled. §83. Upon presentation to him of a certificate of redemption from any tax sale, the registrar shall cancel the memorial of said sale upon the certificate of title. 1437 TOBRENS LAND SYSTEM. Act 4115, §§ 84-89 PARTITION AND JUDICIAL SALES. All parties noted on register must be parties. § 84. In proceedings for partition of registered land, proof must be made that all persons, shown by the register of title to be interested in the land, have been made parties to such proceeding. Decree must be filed before certificate issued. § 85. On confirmation of the report of the commissioners setting off registered lands in proceedings for partition, it shall be the duty of the parties to whom the lands are allotted, to cause a certified copy of the judgment or decree to be filed with the registrar. Thereupon the regis- trar shall transfer the same upon the register, and issue certificates of title to the persons entitled thereto, as shown by said decree. When sale ordered, purchaser must file copy of decree. § 86. Whenever, in proceedings for partition of registered land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file with the registrar a certified copy of the order confirming said sale, together with certificate of the officer holding the writ, that the terms of the sale have been complied with. There- upon, the registrar shall transfer said land upon the register, and issue a certificate of title to the purchaser, therefor. When mortgage on undivided share, lien attaches only to lands set off to mortgagor. § 87. When a tenant in common has given any mortgage, or granted any other lien or interest upon his undivided interest, and the same is set off in severalty in proceedings for partition, such mortgage, lien, or other interest shall attach only to the lands so set off, and the registrar shall note the same upon a new register of title, and a new certificate of title, and shall indorse a memorandum of the partition upon the instru- ment creating such lien, mortgage, or other interest, if the same be on file in his office, before a new certificate of title shall be issued therefor. Purchaser at judicial sale must file certified copy of order confirming sale. §88. Whenever registered land shall be sold to satisfy any judgment, decree, or order of court, the purchaser shall file with the registrar a duly certified copy of the order of sale, or of the order confirming such sale, when the same needs to be confirmed by the court, and also the certificate, if any, of the officer, that the terms of sale have been com- plied with, and thereupon the registrar shall transfer the land to him, and issue a new certificate of title therefor to said purchaser, LIS PENDENS; NOTICE OF ACTION. Notice to affect registered land mus.t be filed with registrar. § 89. No suit, bill, or proceeding at law or in equity for any purpose whatever, affecting registered land, or any estate or interest therein, or any charge upon the same, shall be deemed to be lis pendens or notice to any person dealing with the same until notice of the pendency Act 4115, §§ 90-94 GENERAL LAWa, 1438 of such suit, bill, or proceeding shall be filed with the registrar and a memorial thereof entered by him upon the register of the last certificate of the title to be affected; provided, however, this section shall not apply to attachment proceedings when the officer making the levy shall file his certificate as hereinafter provided. When suit, etc., dismissed, certificate of dismissal or release must be filed with registrar. § 90. When any suit, bill, or proceeding affecting registered lands has been dismissed or otherwise disposed of, or any judgment, decree, or order has been satisfied, released, reversed, or modified, or any levy of execution, attachment, or other process has been released, discharged, or otherwise disposed of, it shall be the duty of the sheriff, or the clerk of the court in which such proceedings were pending, or had, as the case may be, forthwith, under his hand, and, if the clerk, under the seal of the court, to certify to and file with the registrar, an instrument showing such discharge or release. Upon the same being filed, the registrar shall enter a memorial of such discharge on the register. The costs of such certificate and memorial shall be taxed as other costs in the case. LIENS, EXECUTIONS, ATTACHMENTS, ETC. Certified copy of judgment or decree must be filed. § 91. No judgment, or decree, or order of any court shall be a lien on or in anywise affect registered land, or any estate or interest therein, until a certified copy of such judgment, decree, or order, under the hand and official seal of the clerk of the court in which the same is of record, is filed in the office of the registrar, and a memorial of the same is entered upon the register of the last certificate of the title to be affected. Certificate of levy of attachment, or execution, must be filed. § 92. Whenever registered land is levied upon by virtue of any writ of attachment, execution, or other process, it shall be the duty of the officer making such levy forthwith to file with the registrar a certificate of the fact of such levy, a memorial of which shall be entered upon the register; and no lien shall arise by reason of such levy until the filing of such certificate and the entry in the register of such memorial, any notice thereof, actual or constructive, to the contrary notwithstanding. Notice of mechanics' liens must be filed. § 93. Notice of liens under the provisions of the mechanics' Hen laws of this state shall be filed in the registrar's office, and a memorial thereof entered by him upon the register, as in the case of other charges, and such liens may be enforced as now or hereafter allowed by law. Until such notice is so filed and registered, no lien shall be deemed to have been created. Notice of assessments for street improvements, sewers, etc., must be filed by clerk. § 94. When in a city, town, or county, an ordinance, resolution, or order is passed or made, to lay out, establish, alter, widen, grade, regrade, 1439 TORBENS LAND SYSTEM, Act 4115, §? 95-98 relocate, or construct or repair a street, sidewalk, drain or sewer, or to make any other public improvement, or to do any work, the whole or a portion of the expense for which assessments may be made upon real estate, if any registered land or any land included in an application for registration then pending is affected by the act or proceeding and liable to such assessment, the clerk of the board passing such ordinance, resolu- tion, or order shall, within five days after the passage of such ordinance, resolution, or order, file in the registrar's office a notice of the passage thereof, and a memorial shall thereupon be noted on the register. In case of the repeal of such ordinance, resolution, or order, the clerk of said board, and in case of the satisfaction of any lien thereunder, the super- intendent of streets or other officer required by law to collect and receive such assessments, shall, within five days thereafter, notify the registrar, who shall thereupon cancel such memorial. No notice necessary in case of lien for labor performed for corporation not complying with law. § 95. No statutory or other lien shall be deemed to affect the title 'to registered land until after a memorial thereof is entered upon the register, as herein provided, except in cases of liens for labor performed for a corporation, as provided in the act of the legislature of the state of California, approved March thirty-first, eighteen hundred and ninety- one. Clerk of court may file certificate of dismissal of suit or satisfaction of judgment. § 96. The certificate of the clerk of the court in which any suit, bill, or proceeding shall have been pending, or any judgment or decree is of record, that such suit, bill, or proceeding has been dismissed or other- wise disposed of, or the judgment, decree, or order has been satisfied, released, reversed, or overruled, or of any sheriff or other officer that the levy of any execution, attachment, or other process certified by him has been released, discharged, or otherwise disposed of, being filed in the registrar's office and noted upon the register, shall be sufficient to author- ize the registrar to cancel or otherwise treat the memorial of such suit, bill, proceeding, judgment, decree, or levy, according to the purport of such certificate. CORRECTIONS OF ERRORS IN CERTIFICATE. No correction of register without order of court. § 97. After a title has been registered and a certificate issued therefor, or after a memorandum, notation, or memorial has been made on the register of title and has been attested, no correction, alteration, or erasure shall be made therein or thereof, except in the manner herein provided. Registrar may apply to court for correction of errors or mistakes in certificate. § 98. Whenever it appears to the registrar that there is an error or omission in any certificate or memorial, or that any certificate or me- Act 4115, §§ 99-101 GENERAL LAWS. 1440 rnorial has been made, entered, indorsed, issued, or canceled by mistake, he may apply to the court for an order summoning all persons registered as interested in the lands to which such certificate or memorial relates, to appear at an appointed time and place and produce their duplicate certificates and show cause why such omission or mistake should not be corrected, and shall thereupon enter a memorial of such application on the register. If all parties consent, court may order correction of errors or mistakes. § 99. If at the time and place appointed all such persons appear and consent, the court may order and direct the registrar to correct any such error, omission, or mistake on the register and on any duplicate certificate, and may direct the cancellation of any certificate or memorial entered by mistake. If all parties do not consent, court may hear testimony as to alleged error or mistake. § 100. If such persons, or any of them, fail to appear, or do not con- sent, the court may proceed to hear testimony as to such alleged error,- omission, or mistake, and if it appear to the satisfaction of the court that an error, omission, or mistake has been made, he shall order and direct the registrar to correct the same and to cancel or modify such certificates or memorials as may be necessary to correct such error or mistake. When such error or mistake has been caused by the fault or neglect of the registrar, the costs of such proceedings shall be paid by the state; if by the fault of any person registered as interested in such land, by such person. A certified copy of the order of court, directing the correction of any error, omission, or mistake in respect to any cer- tificate or memorial shall be filed in the registrar's office before Buch correction shall be entered or made, EMINENT DOMAIN. Right of eminent domain not affected. § 101. Nothing in this act shall be construed to in anywise affect or modify the exercise of the right of eminent domain. When any suit or proceeding shall have been brought in the exercise of such right for the taking of registered land, or any interest therein, or to test the valid- ity of any such taking, or to ascertain and establish the amount of damage by reason of any such taking, it shall be the duty of both parties to the proceeding to see that a certified copy of the judgment or decree therein is duly filed and a memorial thereof entered upon the register; but in the case of the assessment of damages, no such memorial shall be entered by the registrar until such damages have been paid, in which event the register shall also show the payment of such damages; pro- vided, however, that the deposit with the treasurer, as allowed by law, of such damages, shall be deemed a paymeut thereof, and in such case the treasurer shall forthwith file with the registrar a certificate of such deposit, and thereupon a memorial thereof shall be entered upon the register. Upon the filing of the certified copy of the order or decree 1441 TORRENS LAND SYSTEM. Act 4115, §§ 102-1C6 of the court and the payment of damages, the registrar shfill note on the register of title of the owners whose lands have been appropriated, a description of the land so appropriated, and shall register in the name of the person, corporation, or other body entitled thereto, the title of the land taken, and issue a certificate therefor. INDICES. Property indices to "be kept. § 102. The registrar shall keep property indices, the pages of which shall be divided into columns, showing first, the section or subdivision; second, the range or block; third, the township or lot; fourth, any further description necessary to identify the land; fifth, the name of the regis- tered owner; sixth, the volume; and seventh, the page of the register in which the lands are registered. Name indices to be kept. § 103. He shall also keep name indices, the pages of which shall be divided into columns, showing in alphabetical order, first, the names of all registered owners and all other persons interested in or holding charges upon registered land; second, the nature of the interest; third, a brief description of the land; fourth, the volume; and fifth, the page of the register in which the lands are registered. MISCELLANEOUS PEOVISIONS. Registered lands may be partitioned. § 104. An owner of an undivided interest in registered lands may bring an action for the partition thereof. A notice of such action shall, at the time of the commencement thereof, be filed with the registrar and a memorial entered by him upon the register. A certified copy of any judgment or decree rendered in pursuance of such action shall be filed with the registrar, who shall thereupon issue new certificates in accord- ance therewith. Registration of adverse lien not conclusive of regularity of proceedings or instruments by which created. §105. Whenever, under the provisions of this act, any interest in, or lien, encumbrance, or charge upon registered land, arises adversely to the registered owner without voluntary action by him, and not in pur- suance of a judgment or decree of court, such registration shall not be conclusive of the regularity of any proceediugs or instruments by means of which such interest, lien, encumbrance, or charge arose, or the validity of the same, and shall have no greater force and effect than would the recording, in case the land were not registered, of an instrument creating a similar interest, lien, encumbrance, or charge. In case of fraud, rights and remedies the same as if land not under this act. § 106. In the case of fraud, any person defrauded shall have all rights and remedies that he would have had if the lands were not under the Gen. Laws — 91 Act 4115, §§ 107-111 GENERAL LAWS. 1442 provisions of this act; provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claiming through or under him. Clerk of court shall notify registrar of appeal. § 107. In case of an appeal from any proceeding under this act, or from any judgment, order, or decree affecting registered lands, the clerk of the court in which the notice of appeal is filed shall forthwith notify the registrar thereof, and thereupon .the registrar shall enter upon the register a memorial of such appeal. All fees collected "by registrar to be paid to county treasurer and applied to expenses of administration of this act. § 108. All fees collected by the registrar under the provisions of this act shall be accounted for, paid, disbursed, and disposed of by him in the same manner that fees collected by him as county recorder are now or may hereafter be by law accounted for, paid, disbursed and disposed of. Should there be a surplus in any year, such surplus shall be carried into the general fund, and be subject to appropriation for any purpose. In case such fees shall not amount to the sum required for the adminis- tration of this act, the deficiency shall be paid from any funds in the treasury not otherwise appropriated. Board of supervisors shall furnish registrar all necessary books, etc. § 109. All books, blanks, papers, and all things necessary for the pur- pose of carrying out the provisions of this act, shall be furnished by the board of supervisors, at the expense of the county. The attorney general, state controller, and secretary of state to prepare forms. § 110. The attorney general, state controller, and secretary of state shall prepare a uniform system of books, blanks, and forms for the use of the public officers required to perform duties under this act, and such forms, and none other, shall be used by such officers. PENALTIES. Fraudulent procurement of certificate, a felony. §111. Whoever fraudulently procures, assists in fraudulently procur- ing, or is privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the register or other book kept in the registrar's office, or of any erasure or alteration in any entry in any said book, or in any instrument authorized by this act, or know- ingly defrauds or is privy to defrauding any person by means of a false or fraudulent instrument, certificate, statement, or affidavit affecting registered land, shall be guilty of a felony, and fined not exceeding five thousand dollars, or be imprisoned not exceeding five years nor less than one year, or either, or both, in the discretion of the court. 1443 TORRENS LAND SYSTEM. Act 4115, §§ 112-114 Forgery of a seal, signature, or instrument in registrar's offise, a felony. § 112. Whoever (1) forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry of&ee in cases where such officer is expressly or impliedly authorized to affix his signature; or (2) fraudulently stamps, or procures to be stamped, or assists in stamping any document with any forged seal of said registrar; or (3) forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or (4) uses any document upon which any impression, or part of the impression, of any seal of said registrar has been forged, knowing the same to have been forged, or any document, the signature to which has been forged, knowing the same to have lieen forged; or (5) swears falsely concerning any matter or procedure made and done in pursuance of this act, shall be guilty of a felony, and im- prisoned not exceeding ten years, nor less than one year, or fined not exceeding five thousand dollars, or both fined and imprisoned, in the discretion of the court. No proceeding or conviction under this act shall affect any remedy at law or in equity. § 113. No proceeding or conviction for any act hereby declared to be a misdemeanor or a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act, or against his estate, or against the registrar, or upon his bond. FEES. Fees same as in similar cases under present laws, except as provided herein, § 114. First — The fees, in respect of applications and proceedings under them prior to registration, shall be the same as in actions in the superior court. Second — There shall be paid to the registrar: For issuing a certificate of title, including one duplicate thereof, one dollar and fifty cents. For each additional duplicate, fifty cents. For registering each transfer, including the issue and registration of the new certificate, one dollar and fifty cents. For entry of each memorial on the register, including the indorsement upon the duplicate certificates, one dollar. For the cancellation of each certificate, memorial, or charge, twenty-five cents. For each certificate showing condition of register, one dollar and fifty cents. For filing any instrument, or for a certified copy of the register, or of any instrument or writing on file in his office, the same fees allowed by law to recorders for like services. Acts 4120-4125 GENERAL LAWS. x444 CONSTEUCTION. Act to be liberally construed. Construction of similar legislation else- where, not adopted. § 115. This act shall be construed liberally so far as may "he necessary for the purpose of effecting its general intent, but does not adopt by implication the coustruction of any similar legislation of other juris- dictions which this act may to any extent have followed. Act to take effect July 1, 1897. § 116. This act shall take effect and be in force from and after the first day of July, eighteen hundred and ninety-seven. TITLE 524. TEADEMAEKS. ACT 4120. Concerning trademarks and trade names. [Stats. 1863, p. 155.] Amended 1867-68, p. 423. Superseded by Penal Code, § 350, and Political Code, §§ 3196-3199. ACT 4121. To protect owners of bottles, boxes, siphons and kegs used in the sale of soda waters, mineral waters, porter, ale, cider, milk, beer, and other beverages, etc. [Stats. 1891, p. 217.] Amended 1903, p. 83. This act appears in full in Appendix, Civil Code, p. 1933. TITLE 525. TEADING STAMPS. ACT 4123. An act making it a misdemeanor to sell or exchange property under the representation, advertisement, notice or inducement that an un- identified, unknown, unselected, or chance prize, premium or premium gift, or that a stamp, trading stamp, coupon or other like device entitling the holder to receive such a prize, premium or premium gift, or that the redemption of such a stamp, trading stamp, coupon or other like device so given is to be a part of the transaction, or to sell or exchange any trading stamp, stamp, coupon, or other like de- vice to aid such sale or exchange, as aforesaid, and providing a pen- alty therefor. [Approved March 7, 1905. Stats. 1905, p. 67.] Unconstitutional: Ex parte Drexel, 147 Cal. 763. TITLE 526. TEAINING SHIP. ACT 4125. To establish and maintain a training ship in the city and county of San Francisco. [Approved February 15, 1876. Stats. 1875-76, p. 54.] ■ Amended 1877-78, p. 233. Training ship: See Act 3327. 1445 TBAMROAD COMPANIES— TREASURERS. Acts 4130-4134 TITLE 527. TRAMROAD COMPANIES. ACT 4130. Shasta County, providing for incorporation of tramroad companies in. [Stats. 1871-72, p. 800.] TITLE 528. TREASURERS. ACT 4133. An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act. [Approved March 20, 1905. Stats. 1905, p. 323.] Repealed 1907, p. 67. See Act 4134. ACT 4134. An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act. [Approved February 28, 1907. Stats. 1907, p. 67.] Deposit of state moneys in banks. Security. Interest. Amount. Ex- pense of transporting moneys. §1. All moneys in the state treasury belonging to the state not im- mediately required to meet current expenditures may be deposited by the state treasurer to the credit of the state in such state or national bank, or banks, in the state, as the treasurer, with the approval of the governor and state controller, shall select for the safekeeping of such deposits, and any sum so deposited shall be deemed to be in the state treasury; provided, that the bank or banks in which such money is deposited shall furnish security as hereinafter provided, and provided further, that such depositary bank or banks be selected from those agree- ing to pay the highest rate of interest, not less than two per cent per annum, for such deposits, as may be determined by bids to be submitted at such times and in such manner, as the treasurer, with the approval of the governor and state controller, shall direct; provided, that not more than one-tenth of the aggregate amount of state mone^ys available for deposit and on deposit shall be deposited in any one bank, and provided further, that such deposit shall not exceed twenty-five per cent of the paid-up capital, exclusive of reserve and surplus, of any depositary bank. Any and all bids may be rejected by the treasurer, with the ap- proval of the governor and state controller, and new bids asked for. The expense of transportation of moneys to and from the state treasury to such depositaries shall be borne by such depositaries. Said deposits, with interest thereon, shall be subject to withdrawal at any time upon the demand of the state treasurer, or upon presentation of a certificate of deposit properly indorsed. Interest, when payable. School moneys. §2. The interest to be paid by any such depositary bank shall be on the average daily balances of the state moneys kept on deposit there- Act 4134, §§ 3-5 GENERAL LAWS. 1446 with, and shall be paid and credited to the state monthly on the first day of each and every month, and such interest shall accrue to the gen- eral fund of the state treasury; provided that if any moneys belonging to the state school fund or the state school land fund shall at any time be deposited under the provisions of this act, the interest received thereon shall be paid into the state school fund. 'Security of funds deposited. § 3. For the security of the funds deposited by the state treasurer under the provisions of this act, there shall be deposited with the treas- urer bonds of the United States, or of this state, or of any county, municipality or school district of this state, which bonds shall be approved by the governor, controller and treasurer, to an amount in value at least ten per cent in excess of the amount of the deposit with such bank or banks; and if in any case, or at any time, such bonds are not deemed satisfactory security to the governor, controller and treas- urer, they may require such additional security as may be satisfactory to them. Said bonds or any part thereof may be withdrawn on the written consent of the governor, controller and treasurer; provided, that a sufficient amount of said bonds to secure said deposits shall always be kept in the treasury; and in the event that said bank or banks of deposit shall fail to pay such deposits or any part thereof on the demand of the state treasurer, or upon any presentation of a certificate of deposit properly indorsed, then it shall be the duty of the state treasurer to forthwith convert said bonds into money and to disburse the same ac- cording to law; provided, however, that he shall sell no bonds for less than their face value except at public sale after ten days' printed notice in some newspaper of general circulation published in the county where the sale is to take place. Provisions of contract. Treasurer's annual statement to banks. § 4. The treasurer shall take from such depositary or depositaries a written contract, in duplicate setting forth the conditions and terms upon which the funds of the state are deposited therewith, one of which shall be filed with the controller. One provision of said contract shall be that each depositary shall at the end of each month render to the treasurer a statement in duplicate showing the daily balances or amount of money of the state held by it during the month and the amount of the accrued interest thereon separately, one of which shall be filed by the treasurer with the controller. The treasurer shall annually on the first day of July furnish each depositary bank with a statement showing the amount and description of the bonds on deposit with him by such bank to secure state deposits. Indemnity bonds. § 5. The treasurer, with the approval of the governor and controller, shall, if in his .-judgment it shall appear necessary for the security of the state, require said banks of deposit to give an indemnity bond, the sureties on which shall not be interested as stockholders in said bank 1447 TREASURERS. Acts 4135-4137 or banks, to be approved by the governor, controller and treasurer, to secure the state against loss by any depreciation in value that may occur in such bonds held by him as securitj' for the safekeeping and prompt payment of the state moneys in such depositaries. Treasurer not responsible for deposits. §6. The state treasurer shall not be responsible for any moneys de- posited in a bank or in banks under the provisions of this act while the same remain there deposited -with the consent of the governor and con- troller; but the treasurer shall be chargeable with the safekeeping, man- agement and disbursement of the bonds and certificates of deposit de- posited with him as security for deposits of state moneys, and with the interest thereon, and the proceeds of any sale under the provisions of this act. Certificates of deposit. Warrants paid by certificates. §7. At the time of depositing state moneys in any bank designated as a depositary the treasurer shall take a certificate or certificates of deposits made payable to the treasurer of state in such sum or sums as he shall deem advisable. Such certificate or certificates of deposit in the possession of the treasurer shall be deemed and counted as cash by the state board of examiners. Controller's warrants drawn upon the state treasury may be paid by such certificates of deposit when properly indorsed by the treasurer the same as in cash. Act of 1905 repealed. §8. The act of March 20, 1905, entitled "An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act," and all other acts or parts of acts in conflict with this act are hereby expressly repealed. ACT 4135. Eelating to treasurers, their deputies and clerks, in counties and cities and counties having a population of two hundred thousand in- habitants or over. [Stats. 1893, p. 282.] Superseded as to San Francisco by the charter of that city. This act appears in full in Political Code, Appendix, tit. "Treasurers," p. 1480. ACT 4136. Authorizing the state treasurer to pay controller's warrants drawn for the salaries of public officers who are entitled to monthly payments from the state. [Stats. 1873-74, p. 593.] Codified by § 461 of Political Code. ACT 4137. For the better protection of the state treasury. [Stats. 1867-68, p. 554.] This act authorized the state treasurer to employ two watchmen. The code commissioners say of it: "Doubtless superseded by § 457, Political Code, but nevertheless amended by statute of 1895, p. 55, c. LIV." Acts 4138-4153 GENERAL LAWS. 1448 ACT 4138. To provide an additional watchman for the state treasurer. [Stats. 1895, p. 55.] "Purports to amend statute of 1868, p. 554, c. CDXXXI, which statute waa, however, superseded by Political Code, § 457." — Code Commissioners' Note. ACT 4139, Increasing number of deputies for limited period. [Approved March IG, 1889. Stats. 1889, p. 303.] Eepealed March 26, 1895, Stats. 1895, p. 88, TITLE 529. TEESPASS. ACT 4144. Preventing persons passing through inclosures and leaving them open, and tearing down fences to make passages through inclosures. [Stats. 1871-72, p. 384.] See § 7, 1875-76, p. 408; 1877-78, pp. 49, 776. Superseded by Penal Code, § 602, subd. 8. Citations. Cal. 108/347. TRESPASSING ANIMALS. See "Estrays." TITLE 530. TRINITY COUNTY. ACT 4149. Additional contingent fund for, [Stats. 1877-78, p. 184.] Repealed by subd. 18, § 25, County Government Act, 1897, p. 463. ACT 4150. Providing for construction and maintenance of free bridges in. [Stats. 1873-74, p. 62.] ACT 4151. County clerk of, salary of. [Stats. 1873-74, p. 184.] Repealed by County Government Acts: See 1897, p. 568, §210. ACT 4152. Authorizing transcribing of records in. [Stats. 1862, p. 164.] Amended 1863, p. 22. ACT 4153. Public schools of, employment of teachers in. [Stats. 187.'?-74, p. 472.] Amended 1875-76, p. 122. Probably repealed by Political Code, § 1696, as amended 1893, p. 255. 1449 TRUSTS. Acts 4154-4162 ACT 4154. Supervisors to fix and pay compensation of undcr-slieriff of. [Stats. 1873-74, p. 593.] Superseded by County Government Acts: See 1897, p. 568, § 210. ACT 4155. Fixing salary of members of board of supervisors. [Stats. 1871-72, p. 380.] Repealed by County GoTernment Act, 1897, p. 568, § 210. ACT 4156. Supervisors to fix rate of tolls to be charged on wagon roads. [Stats. 1873-74, p. 607.] See County Government Act, 1897, p. 452, § 25, subd. 36. TITLE 531. TEUSTS. ACT 4161. To provide for the more certain execution of express trusts in case of the death of the last surviving trustee. [Stats. 1807-08, p. 170.] Superseded by Civil Code, §§ 2287-2289. ACT 4162. An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, main- taining, and perpetuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding, and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and management thereof. [Approved March 5, 1887, Stats. 1887, p. 26.] See post, Acts 4163, 4164, 4165. Manner of conveying gifts for dissemination of knowledge of arts, etc. § 1. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of this act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works, for such public library, or any museum, or gallery of art in this state, and such Act 4162, §§ 2-4 GENERAL LAWS. 1450 gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof; and he may also in like manner, to that end, and for such purpose, convey by grant to such trustee or trustees any real property within this state belonging to him, which may be necessary or proper for the erection and maintenance of buildings suitable to such institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of producing an income for the sup- port and maintenance of such institutions, or any of them, and any col- lateral burdens which may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes of the institution and maintenance of any such library, museum, or gallery of art. Gifts by other than founder. §2. Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in the title of this act, shall immediately vest in the trustees, and become incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations pre- Bcribed therefor. § 3. The person making such gift, grant, or conveyance, as founder, may therein designate, — 1. The name by which the institution so founded and maintained shall be known. 2. Its nature, object, and purposes. 3. The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judgment, may be necessary more effectually to carry out the purposes of such institution. 4. The mode and manner and by whom the successors to the trustees named in the gift or grant shall be appointed. 5. Such rules and regulations for the management 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 advisory only, and shall not preclude such trustees or their successors from making such changes as new conditions may, from time to time, require. 6. The place or places where the necessary buildings shall be erected, and the general character thereof. The person making such grant may therein provide for all other things necessary or proper to carry out the purposes thereof, or otherwise, by his last will or testament. §4. The trustees named in such gift or grant, and their successors, may, in the name of such institution 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. J 1451 TRUSTS. Act 4162, §§ 5-9 Privileges granted to founder, § 5. By a provision in such gift or grant, the founcler may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and in respect to the erection, maintenance, and management of any buildings auxiliary thereto, and in respect to any property connected with such institution, to reserve to himself a veto and right of annulment or modification of any act of such trustees, in case he shall, within thirty days after notice of the performance of such act, file in the office of said trustees, or deliver to their president or principal oflicer, a notice in writing, of such veto, annulment, or modifi- cation, and upon a like notice, in conformity with a provision in such gift or grant, he may elect to perform during his life all the powers which, by the terms thereof, are vested in or enjoined upon the trustees therein named, and their successors; provided, that upon the death or disability to act of the founder and grantor, such powers and duties shall be devolved upon, and be exercised by, the trustees named in the gift or grant, and their successors. Such person may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trust therein created in respect to such institution, its buildings, and the prop- erty conveyed therefor. Election of officers and compensation. § 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 im- mediate or future trustees, the librarian, and other officers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and to declare and limit any compensation, and fix the character and method of such compensation he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties shall be imposed. Gift, how recorded. §7. Any such gift or grant may be executed, acknowledged, and recorded in the manner now or hereafter provided by law for the execu- tion, acknowledgment, and recording of grants of real property. Time of commencing suit. § 8. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said gift, grant or conveyance, or to affect the title to the property conveyed, or the right to the pos- session or to the rents, issues, and profits thereof, unless the same be commenced within two years after the date of the filing of such grant for record. Founder may bequeath to state of California. §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 Act 4163 GENERAL LAWS. 1452 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. § 10. The provisions of this act shall be liberally construed, with a view to effect its objects and purposes, and the singular number in the construction thereof shall be deemed to include the plural, and the plural number shall be deemed to include the singular. Universities, colleges, schools, etc. § 11. Nothing in this act shall repeal, modify, change, or have any effect upon any of the provisions of an act of the legislature of the state of California entitled "An act to advance learning, the arts and sciences, and to' promote the public welfare by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance, within this state, of universities, colleges, schools, seminaries of learning, mechanical insti- tutes, museums, and galleries of art," approved March ninth, eighteen hundred and eighty-five. § 12. This act shall take effect immediately. ACT 4163. An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, ana pro- tection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universi- ties, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art. [Approved March 9, 1885. Stats. 1885, p. 49.] Amended 1891, p. 454. Supplemented 1903, p. 140. See next act. Citations. Cal. 113/134, 139. Construction of act. § 1. The provisions of this act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construc- tion 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. 1453 TRUSTS. Act 4163, §§ 2, 8 Grant. §2. Any person desiring in his lifetime to promote the public wel- fare by foiuiding, endowing, and maintain[ing] within this state a university, college, school, seminary of learning, mechanical institute, museum, botanic garden, public park, or gallery of art, or any or all thereof, may, to the end and for such purpose, by grant in writing convey to a trustee, or any number of trustees, named in such grant (and to their successors), any property, real or personal, belonging to such person and situated or being within this state; provided, that if such person be married and the property be community property, then both husband and wife must join in such grant. [Amendment approved March 31, 1S91. Stats. 1891, p. 454.] Requisites. §3. The person making such grant may therein designate: 1. The nature, object, and purposes of the institution or institutions to be founded, endowed, and maintained; 2. The name by which it or they shall be known; 3. The powers and duties of the trustees, and the 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 objects of such grant; 4. The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed; 5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribe, be deemed advisory only, and shall not preclude such trustees from making such changes as new con- ditions may from time to time require; 6. The place or places where and the time when the buildings neces- sary and proper for the institution 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 purposes thereof, and especially may such person provide for the trades and professions which shall be taught in such institutions, and the terms upon which deserving scholars of the public and private schools of the various counties of this state may be admitted to all the privileges of such institutions, as a reward for meritorious conduct and good scholarship; and also for maintaining free scholarships for children of persons who have rendered service to or who have died in the service of this state; and also for maintaining free scholarships for children of mechanics, tradesmen, and laborers, who have died without leaving means sufHcient to give such children a practical education, fitting them for the useful trades or arts; and also the terms and conditions upon which students in the public and private schools, and other deserving persons, may, without cost to themselves, attend the lectures of any university established; and also the terms and conditions upon which Act 4163, §§ 4-7 GENERAL LAWS. 1454 the museums, and art galleries, and conservatories of music, connected with any such institution, shall be open to all deserving persons with- out charge, and without their becoming students of the institution. Actions by trustees. §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 and estab- lished by such grant. Grantor as trustee. § 5. The person making such grant, by a provision therein, may elect, in relation to the property conveyed, and in relation to the erection, maintenance, and management of such institution or institutions, to per- form, 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 aforesaid, be a married person, such person may further pro- vide that if the wife of such person survive him, then such wife, during her life, may, in relation to the property conveyed, and in relation to the erection, maintenance, and management of such institution or insti- tutions, perform all the duties and exercise all the powers which, by tLe terms of the grant, are enjoined upon and vested in the trustee and trustees therein named, and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees therein named shall be exercised and performed by the person making such grant, or by his wife, during his or her life, as the case may be; provided, how- ever, that upon the death of such person, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. Amending grant. § 6. The person making such grant may therein reserve the right to alter, amend, or modify the terms and conditions thereof, and the trusts therein created, in respect to any of the matters mentioned or referred to in subdivisions 1 to 6, inclusive, of section 3 hereof; and may also therein reserve the right, during the life of such person or persons, of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be mar- ried, such person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same absolute dominion over such personal property, and such rents, issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses. Custody of minors. §7. The person making such grant may therein provide that the trustees named in the grant, and their successors, may, in the name of . 1455 TRUSTS. Act 4163, §§ 8-H the institution or institutions, become tLe custodian of the person of minors, and when any such provision is made in a grant, the trustees and their successors may take such custody and control in the manner and for the time and in accordance with the provisions of sections 2G4 to 276, inclusive, of the Civil Code of the state of California. Execution of grant. § 8. Any such grant may be executed, acknowledged, and recorded in the same manner as is now provided by law for the execution, acknowl- edgment, and recording of grants of real property. Annulling suit. § 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 the title to the property conveyed, or the right to the possession, or to the rents, issues, and profits thereof, unless the 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 successors, privies, or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right to the possession, or the rents, 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. § 10. The property conveyed by such grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under execution, or judicial proceedings of any kind, against the grantor or his privies, unless the action under which the execution shall be issued, or the proceedings under which the sale shall be ordered, shall have been commenced within two years after such grant shall have been filed for record. Nor shall such property be subject to execution or forced sale under any judgment obtained in any proceedings instituted within said two years, if there be other property of the grantor, subject to execution or forced sale sufficient to satisfy such judgment; provided, nothing in this section contained shall be con- strued to affect mechanics' or laborers' liens. Bequest to state. § 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 supplemental grant, and such devise or bequest shall only take effect in case, from any cause whatever, the grant shall be annulled or set aside, or the trusts 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 extent and value of such Act 4164 GENERAL LAWS. 1456 property, carry out, in respect 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 in- struction to be given in such school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil or pupils of such school or institution of learning, shall be binding upon the state; nor shall the state enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition. § 12. This act shall be in force from and after its passage. ACT 4164. An act supplemental to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by pro- viding for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, semin- aries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 18S5, concerning the resignation, relinquish- ment or surrender of rights, powers, privileges and duties reserved to or vesting in the founder or founders, surviving founder, or wife or widow of any founder, of any institution created or founded under or pursuant to said act, and concerning the assumption and exercise of powers and duties by the trustee or trustees of such institution. [Approved March 13, 1903. Stats. 1903, p. 140.] § 1. The founder or founders, surviving founder, or wife or widow of any founder, of a university, college, school, seminary of learning, mechanical institute, museum, gallery of art, library or any other institu- tion, or any or all thereof, founded under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1885, may, by an instrument in writing, resign, relinquish and surrender all the rights, powers, privileges and duties reserved to or vesting in such founder or founders, surviving founder, or wife er widow of such founder, over, in, or concerning any of the property granted or given to such institution or institutions, or over or concerning any such institution or institutions so founded, and thereupon all estates, rights, powers, privileges, trusts and duties which would otherwise vest in or devolve upon the trustee or trustees of the trusts and estates created for the founding, endowment and maintenance of any such institution or institutions upon the death of the person or per- sons so resigning, relinquishing and surrendering, by the terms of the 1457 TRUSTS. Act 4165 grant founding the institution or institutions, and amendments thereof, and by the terms of any grants, gifts, bequests, and devises supplementary thereto, or of any confirmatory grants, shall immediately vest in and devolve upon such trustee or trustees. Nothing herein contained shall prevent such person or persons so resigning, relinquishing and surrender- ing such rights, powers, privileges, or duties from thereafter becoming and serving as one of such trustees, or from becoming and serving as an officer of any board of such trustees. § 2. This act shall take effect and be in force from and after its passage. ACT 4165. An act to provide for proceedings for the ascertainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other instruments creating, changing or affecting trusts and estates for the founding, endowment and maintenance of a university, college, school, seminary of learning, mechanical insti- tute, museum, gallery of art, or library, or any other institution, or any or ail thereof, under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1885, or under or pursuant to an act entitled "An act to encourage and provide for the dissemina- tion of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and management thereof," approved March 5, 1887. [Approved February 10, 1903. Stats. 1903, p. 9.] § 1. The trustee or trustees of any trust or trusts heretofore or here- after created for the founding, endowment and maintenance of a uni- versity, college, school, seminary of learning, mechanical institute, museum, gallery of art, library or other institution, or any or all thereof, under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, me- chanical institutes, museums, and galleries of art," approved March 9, 1885, or under or pursuant to an act entitled "An act to encourage and Gen. Laws — 92 Act 4165, §1 GENERAL LAWS. 1458 provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating pub- lic libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding and protection of real property within this state suitable for the pur- poses herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and manage- ment thereof," approved March 5, 1887, may commence a special pro- ceeding in and by which may be determined all questions of law and fact affecting the existence of, and the due and voluntary execution and delivery, and the terms, validity and legal effect of the grant or grants founding the same, and of all amendments or attempted amend- ments thereof, and of any supplemental grants or gifts, and of any confirmatory conveyances, of the founder or founders, or surviving founder, or wife or widow of any such founder; and in and by which may be determined all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any gift or grant made in general terms for the benefit of the institution or institutions, or of any department thereof, or of any gift or grant made in general terms for the benefit of the institution or institutions, or of any department thereof, upon the trusts provided for in the grant founding the institution or institutions, and amendments thereof and grants, bequests and devises supplementary thereto; and in and by which may be determined all questions bearing upon the passing to the trustee or trustees of the legal title to the properties, real and personal, con- veyed or attempted to be conveyed, so far as such property or the pro- ceeds thereof, or any property acquired in exchange therefor or with proceeds thereof, may be described in the petition herein provided for, and the interest or title of the trustee or trustees in or to any such property described in such petition; and in and by which may be deter- mined all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any grant or surrender by any such founder or founders, surviving founder, or wife or widow of any founder, to, or in favor of, such trustee or trustees, of any rights, powers, privileges or duties reserved to or vesting in any such person or persons over or concerning any property described in the petition herein provided for, or over or concerning any such institution or institutions so founded, which would otherwise vest in or devolve upon such trustee or trustees upon the death of the person or persons so granting or surrendering the same, and of any relinquishment or release by the founder or founders, surviving founder, or wife or widow of any founder, of any other such rights, powers, privileges, or duties so reserved to or vesting in any such person or persons. To this end the trustee or trustees of any trust hereinbefore referred to, in the name of the institution or institutions so founded, or in the name of the trustee or trustees of such institution or institutions, or in the name of the board of trustees of such institution or institutions, may file, in the superior 1459 TRUSTS. Act 4165, §2 court of the county in which the lands described in the founding grant or grants, or some lands described in the founding grant or grants, or some portion thereof, are situated, or, if no real estate has been granted as herein provided to such trustees, then in the county where the main part of any such institution or institutions is situated, a petition in writing, signed by counsel for such trustee or trustees, or by counsel for a majority thereof, which petition shall contain copies of all such grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and grants and instruments of sur- render, relinquishment or release, hereinbefore mentioned or referred to, so far as known to such trustee or trustees; and the petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all of such instruments, copies of which are set out in the petition, and shall describe all property, real and personal, the legal title to which is held or claimed to be held by said trustee or trustees under or by virtue of any or all of such instruments, whether or not the same be the original property conveyed, the proceeds thereof, or re-invested proceeds; and the petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described; and the petition shall pray, in effect, that the court examine and determine all questions of law and fact affecting the due and voluntary execution and delivery, and the terms, validity and legal effect of all such instruments, copies of which are so set out in the petition; and that the court examine and determine all questions bearing upon the passing to the trustee or trustees, of the legal title to all the properties, real and personal, so conveyed or attempted to be conveyed, so far as the same or the proceeds thereof, or any property acquired in exchange therefor or with the proceeds thereof, may be described in said petition; and that the court examine and determine the interest or title of the trustee or trustees in or to any such property; and that it be established and determined that the trustee or trustees are rightfully vested with the legal title thereto. §2. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to post in at least three public places in the county a notice of the filing of said petition, attached to a copy of said petition, and order a copy of such notice together with a copy of the petition to be personally served upon the founder or found- ers, if living, and upon the surviving wife or widow of any founder, and upon any living grantor or donor of any other grant or gift set out in the petition, and may order such other or further notice to be given as the judge or court may deem proper. Such notice shall be posted and served at least ten days before the hearing. If the court or judge finds upon the hearing that due and proper notice has not been given as herein provided, it shall reset the hearing and cause such due and proper notice to be given. The notice and petition shall be entitled substantially in the following form: Act 4165, §§ 3, 4 GENERAL LAWS. 1460 In the superior court of the county of , state of California. In the matter of the petition of (giving the name or names in •which the petition is brought) for the ascertainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other instruments creating, changing or affecting trusts and estates for the founding, endowment and maintenance of (naming the institution or institutions founded). The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, living, and to the surviving wife or widow of any founder, and the living grantor or donor of any other grant or gift set out in the petition, and in general terms to all other persons having or claiming any interest in, or rights, powers, or duties over or concerning the property described in the peti- tion; and shall direct that they and each of such persons appear and answer said petition on or before the time set for said hearing; and shall state that unless said persons so appear and demur or answer, the petitioners will apply to the court to grant the prayer of the petition, and that each person failing to so appear and answer, shall be deemed to admit as true all the material allegations of the petition. Any of the persons so required to be served, or any other persons so interested may waive notice by written waiver filed with the clerk of the court. § 3. Any person interested in the determination of any of the questions presented by the petition may demur to or answer said petition and may set up any new matter affecting the determination of any such questions. Any allegation of the petition or answer may be made upon information and belief. The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to said petition. The persons so demurring to or answering said petition shall be the defendants to said special proceeding and the petitioners shall be the plaintiffs. Every material statement of the petition not specifically controverted by the answer must, for the purposes of said special proceeding, be taken as true; and each person failing to answer the petition shall be deemed to admit as true all the material allegations of the petition. The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to the special proceeding herein provided for. § 4. Upon the hearing of such special proceeding, the court shall have power and jurisdiction to examine into and determine all questions of law and fact within the scope of the proceeding herein provided for, whether presented by the petition or answer, or by the proofs upon the hearing. The court shall find and determine whether the notice of the filing of said petition has been duly given for the time and in the manner in this act prescribed. The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court. § 5. A certified copy of the judgment of the court in such special proceeding shall be recorded in the office of the recorder of the county in which the action is brought and in the office of the recorder of every county in which any of the real property affected is situated. § 6. The judgment of the court in such special proceeding shall be determinative of the terms and trusts upon which any property thereafter given for the benefit of such institution or institutions, or any depart- ment thereof, shall be held by such trustee or trustees, unless otherwise provided by the grantor or donor of such property, §7. This act shall take effect and be in force from and after its passage. ACT 4166. An act to define trust and to provide for criminal penalties and civil damages, and punishment of corporations, persons, firms, and associa- tions, or persons connected with them, and to promote free com- petition in commerce and all classes of business in this state. [Approved March 23, 1907. Stats. 1907, p. 984.] Amended 1909, p. 593. A trust defined. Exception. § 1. A trust is a combination of capital, skill or acts by two or more persons, firms, partnerships, corporations or associations of persons, or of any two or more of them for either, any or all of the following purposes: 1. To create or carry out restrictions in trade or commerce. 2. To limit or reduce the production, or increase the price of mer- chandise or of any commodity. 3. To prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity. 4. To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this state. 5. To make or enter into or execute or carry out any contracts, obliga- tions or agreements of any kind or description, by which they shall bind or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to directly or indirectly preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or trans- Act 4166, §§ 2-4 GENERAL LAWS. 1462 portation of any such article or commodity, or by whicli they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected. Every such trust as is defined herein is declared to be unlawful, against public policy and void, provided that no agreement, combination or association shall be deemed to be unlawful or within the provisions of this act, the object and business of which are to conduct its operations at a reasonable profit or to market at a reasonable profit those products which cannot otherwise be so marketed, provided further, that it shall not be deemed to be unlawful, or within the provisions of this act, for persons, firms, or corporations, engaged in the business of selling or manufacturing commodities of a similar or like character, to employ, form, organize or own any interest in any association, firm or corporation, having as its object or purpose the transportation, marketing or delivery of such commodities. [Amendment approved March 20, 1909. Stats. 1909, p. 593. In effect immediately.] Violation of act. §2. For a violation of any of the provisions of this act by any cor- poration or association mentioned herein, it shall be the duty of the attorney general or the district attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privi- leges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state. Agreements permitted. § 21/2. It shall be lawful to enter into agreements or form associa- tions or combinations, the purpose and effect of which shall be to pro- mote, encourage or increase competition in any trade or industry, or which are in furtherance of trade. [New section approved March 20, 1909. Stats. 1909, p. 594. In effect immediately.] Foreign corporations ajnenable. Duty of secretary of state. § 3. Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business in this state, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state shall be authorized to revoke the license of any such corpora- tion or association heretofore authorized by him to do business in this state. Penalty for violation of act. § 4. Any violation of either or all of the provisions of this act shall be and is hereby declared a conspiracy against trade, and any person who may become engaged in any such conspiracy or take part therein, or aid or advise in its commission, or who shall as principal, manager, director, 1463 TRUSTS. Act 4166, §§ 5-7 ageut, servant or employee, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates, or furnish any infor- mation to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than five thousand ($5,000) dollars, or be, im- prisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense. What indictment must set out. §5. In any indictment, information or complaint for any offense named in this act, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member of, acted with or in pursuance of it, or aided or assisted in carrying out its purposes, with- out giving its name or description, or how, when and where it was created. Prosecutions, what to prove. Books and papers must be produced when ordered. § 6. In prosecutions under this act, it shall be sufficient to prove that a trust or combination, as defined herein, exists, and that the de- fendant belonged to it, or acted for or in connection with it, without proving all the members belonged to it, or proving or producing any article of agreement, or any written instrument on which it may have been based; or that it was evidenced by any written instrument at all. The character of the trust or combination alleged may be established by proof of its general reputation as such. In case any court of record, or in vacation any judge of said court in which is pending any civil, criminal or other action or proceeding brought or prosecuted by the attorney general or any district attorney for the violation of any of the provisions of this act or in any action or proceeding for the violation of the law of this state, against conspiracy or combination in restraint of trade so orders, no person so ordered shall be excused from attending, testifying or producing books, papers, schedules, contracts, agreements or anj^ other document in obedience to the subpoena or under the order of such court or any commissioner or referee appointed by said court to take testimony or any notary public or other person or cfficer authorized by the laws of this state to take depositions when the order made by such court or judge thereof includes a witness whose deposition is being taken before such notary public or other officer on the ground or for the reason that the testimony or evidence required of him may tend to criminate him or subject him to any penalty; but no individual shall be prosecuted or subjected to any penalty for or on account of any transac- tion, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, before any such court, person or officer. Penalty, after notice "by attorney general. § 7. Each and every firm, person, partnership, corporation, or associa- tion of persons, who shall in any manner violate any of the provisions Act 4166, §§ 8-11 GENERAL LAWS. 1464 of this act, shall be for each and every day that such violations shall be commitfed or continued, after due notice given by the attorney general or any district attorney, forfeit and pay the sum of fifty ($50) dollars, which may be recovered in the name of the people of the state of Cali- fornia, in any county where the offense is committed, or where either of the offenders resides; and it shall be the duty of the attorney general, or the district attorney of any county on the order of the attorney general to prosecute for the recovery of the same. When the action is prosecuted by tne attorney general against a corporation or association of persons, he may begin, the action in the supreme court of the county in which defei\dant resides or does business. Contracts in violation of act void. § 8. That any contract or agreement in violation of the provisions of this act, shall be absolutely void and shall not be enforceable either in law or equity. Provisions cumulative. § 9. That the provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state. Trust certificates not lawful. § 10. It shall not be lawful for any person, partnership, association or corporation, or any agent thereof, to issue or to own trust certificates, or for any person, partnership, association or corporation, agent, officer, or employee, or the directors or stockholders of any corporation, to enter into any combination, contract or agreement with any person or persons, corporation, or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combina- tions, or the manufactured product thereof, in the hands of any trustee or trustees with the intent to limit or fix the price or lessen the produc- tion and sale of any article of commerce, use or consumption, or to pre- vent, restrict or diminish the manufacture or output of any such article, and any person, partnership, association or corporation that shall enter into any such combination, contract or agreement for the purpose afore- said shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than fifty dollars, nor more than five thousand dollars. Persons injured in business by trust may sue. § 11. In addition to the criminal and civil penalties herein provided, any person who shall be injured in his business or property by any other person or corporation or association or partnership, by reason of any- thing forbidden or declared to be unlawful by this act, may sue therefor in any court having jurisdiction thereof in the county where the defend- ant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages by him sustained, and the costs of suit. "Whenever it shall appear to the court before which any proceed- 1465 TULARE COUNTY. Acts 4170-4176 ings under tliis act may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not. "Person" defined. § 12. The word "person" or "persons" whenever used in this act, shall be deemed to include corporations, partnerships and associations existing under or authorized by the laws of this state or any other state, or any foreign country. Labor not a commodity. § 13. Labor whether skilled or unskilled ig not a commodity within the meaning of this act. [New section approved March 20, 1909. Stats. 1909, p. 594. In effect immediately.] TITLE 532. TULAEE COUNTY. ACT 4170. Assessors, act fixing salary and bond of. [Stat3. 1875-76, p. 172.] Superseded by County Government Acts: See 1897, pp. 521, 535, §§ 170, 182. ACT 4171. Board of health, establishing. [Stata. 1877-78, p. 558.] Superseded by subd. 20, § 25, County Government Act, 1897, p. 464. ACT 4172. County auditor and county recorder, separation of offices of, and regula- tion of official salaries in. [Stats. 1875-76, p. 151.] Amended 1875-76, p. 363; 1877-78, p. 104. Kepealed by County Govern- ment Acts: See 1897, p. 535, § 170. ACT 4173. Separating offices of county recorder and county clerk. [Stats. 1873-74, p. 60.] Repealed by County Government Act, 1897, p. 473, § 55. ACT 4174. Public roads in. [Stats. 1873-74, p. 283.] Amended 1875-76, p. 11. Repealed 1875-76, p. 531. ACT 4175. Making applicable to of act of February 21, 1872, p. 141, regulating the traveling fees of sheriff. [Stats. 1873-74, p. 45.] Repealed 1877-78, p. 560. ACT 4176. Traveling fees of sheriff of. [Stats. 1877-78, p. 559.] Repealed by fee bill of 1895, p. 269. Acts 4177-4191 GENERAL LAWS. 1466 ACT 4177. To increase the number of superior judges. [Stats. 1891, p. 61.] ACT 4178. To reduce the number of judges of the superior court. [Stats. 1895, p. 128.1 ACT 4179. Tax collector, bonds of. [Stats. 1875-76, p. 16.] Repealed by County Government Act, 1897, p. 475, § 66. ACT 4180. Concerning water ditches and water privileges for agricultural and manufacturing purposes in Tulare County. [Stats. 1867-68, p. 112.] ACT 4181. Concerning water ditches and water privileges in, for irrigating, mining and manufacturing purposes. [Stats. 1875-76, p. 547.] TITLE 533. TUOLUMNE COUNTY. ACT 4186. Lawful fences in. [Stats. 1863-64, p. 475.] ACT 4187. To provide for care and maintenance of indigent sick of. [Stats. 1877-78, p. 596.] Superseded by subd. 5, § 25, County Government Act, 1897, p. 458. ACT 4188. Township officers, regulating. [Stats. 1873-74, p. 453.] Repealed by County Government Acts: See 1897, p. 474, § 56; also Code of Civil Procedure, § 103. ACT 4189. Salaries of certain officers of. [Stats. 1875-76, p. 45.] Repealed by County Government Acts: See 1897, p. 556, § 197. ACT 4190. Supervisors, prescribing commencement of terms. fStats. 1873-74, p. 154.] Repealed by County Government Act, 1897, p. 452. ACT 4191. Treasurers of, bonds of. [Stats. 1875-76, p. 17.] Eepealed by County Government Acts: See 1897, p. 475, § 66. 1467 TUOLUMNE RIVER — UNITED STATES. Acts 4196-4214 TITLE 534. TUOLUMNE EIVER. ACT 4196. Authorizing the construction of a bridge across the Tuolumne River at ■ Modesto. [Stats. 1877-78, p. 455.1 ACT 4197. To declare the head of navigation in. [Stats. 1854, p. 203.] See Political Code, § 2349. TITLE 535. TURNPIKE CORPORATIONS. ACT 4202. To authorize formation of plank or turnpike road corporations. [Stats. 1857, p. 171.] Repealed by Civil Code, § 288. TITLE 536. UKIAH. ACT 4207. Incorporation of. [Stats. 1875-76, p. 162.] Superseded by incorporation, in 1886, under Municipal Government Act of UNINCORPORATED ASSOCIATIONS. See "Benefit Societies"; "Board of Trade"; "Chambers of Commerce"; "Co- operative Associations"; "Mechanics' Institutes." TITLE 537. UNION. ACT 4209. Incorporating town of Union. [Stats. 185S, p. 7.] Amended 1869-70, p. 414; 1873-74, p. 280. This is now Areata, Stats. 1860, p. 109. TITLE 538. UNITED STATES. ACT 4212. Giving the consent of the legislature of the state to the purchase by the United States of land within this state for public purposes. [Stats. 1852, p. 149.] Superseded by Political Code, § 34. ACT 4213. Granting right of way to the United States for railroad from Atlantic to Pacific. [Stats. 1852, p. 150.] ACT 4214. Providing for the relinquishment to the United States of lands required for military or naval purposes. [Stats. 1859, p. 26.] A-cts 4215-4241 GENERAL LAWS. 1468 ACT 4215. Ceding Jurisdiction to the United States over lands near Liime Point. [Stats. 1859, p. 334.] ACT 4220. TITLE 539. UNITED STATES COAST SUEVEY. To authorize persons engaged in United States coast survey to enter upon lands within the state. [Stats. 1852, p. 147.] TITLE 540. UNITED STATES FLAG. ACT 4225. To prohibit the desecration of. [Approved March 2, 1899. Stats. 1899, p. 46.] TITLE 541. UNITED STATES SENATORS. ACT 4230. To ascertain and express the will of the people of the state of California upon the subject of election of United States senators. [Approved March 10, 1891. Stats. 1891, p. 46.] This act provided for submitting to the people at the general election follow- ing the passage of this act the question of the election of United States Sena- tors by direct vota. TITLE 542. UNIVERSITY OF CALIFORNIA. ACT 4239. An act to appropriate the sum of eighty-three thousand eight hundred ($83,800) dollars for the use and benefit of the University of Cali- fornia, and specifying the duties of the controller and treasurer in relation thereto. [Approved June 14, 1906. Stats. 1906, p. 31.] This act appropriated $83,800 to restore the income of the University and to repair damages. ACT 4240. To create and organize the University of California. [Stats. 1867-68, p. 248.] Amended 1871-72, p. 655. Citations. Cal. 54/31, 33; 69/216; 71/120; 104/658; 123/617, 623; 153- 777. "Probably repealed by the code, but if so, revived and made irrepealable by § 9, art. IX, of the constitution of 1879." — Code Commissioners' Note. ACT 4241. For the endowment of. [Stats. 1869-70, p. 668.] Citations. Cal. 123/619. 1469 UNIVERSITY OP CALIFORNIA. Acts 4242-4244 ACT 4242. Permanent endowment for. [Stats. 1877-78, p. 337.] ACT 4243. To provide additional support and maintenance, and for the acquisition of necessary property and improvements for the University of Cali- fornia, by the levy of a rate of taxation, and the creation of a fund therefor. [Approved February 27, 1897. Stats. 1897, p. 44.] Repealed 1909, p. 543. Former act on this subject: See Stats. 1887, p. 2, which was repealed 1909, p. 543. Cit;ations. Gal. 123/623; 153/778. ACT 4244. An act to provide for the permanent support and improvement of the University of California by the levy of a rate of taxation and the creation of a fund therefor, and to repeal an act approved Feb- ruary 14, 1887, entitled: "An act to provide for the permanent sup- port and improvement of the University of California by the levy of a rate of taxation and the creation of a fund therefor," and also to repeal an act approved February 27, 1897, entitled "An act to provide additional support and maintenance, and for the acquisition of necessary property and improvements of the University of California, by the levy of a rate of taxation, and the creation of a fund there- for." [Approved March 20, 1909. Stats. 1909, p. 543.] Tax for support of state university. § 1. There is hereby levied annually, for each fiscal year, an "ad valorem" tax of three cents upon each one hundred dollars of value of the taxable property of the state, which tax shall be collected by the several ofScers charged with the collection of state taxes, in the same manner and at the same time as other state taxes are collected, upon all or any class of property, which tax is for the support of the University of California. Levy of tax. § 2. The state board of equalization, at the time when it annually determines the rate of state taxes to be collected, must at the same time declare the levy of said rate of three cents, and notify the auditor and board of supervisors of each county thereof. Disposition of money. § 3. The money collected from said rate, after deducting the propor- tionate share of expenses of collecting the same to which other state taxes are subject, must be paid into the state treasury, and must be by the state treasurer converted into a separate fund, hereby created, to be called the "state university fund." Act 4245 GENERAL LAWS. 1470 University to control fund absolutely. § 4. The money paid into the said "state university fund" is hereby appropriated, without reference to fiscal years, for the use and support of the University of California, and is exempted from the provisions of Part III, Title I, Article XVIII, of an act entitled "An act to establish a Political Code," approved March twelfth, eighteen hundred and seventy- two, relating to the board of examiners. When there is any money in the said fund, the same may be drawn out upon the order of the board of regents of the University of California, or such officers of the board as may be duly authorized thereto. Upon the receipt of the order, the controller must draw his warrant upon the state treasurer, payable to the order of the treasurer of the University of California, out of the said "state university fund." How moneys must be applied. §5. The money derived from said fund must be applied only to the support and permanent improvement of the university; provided, however, that not less than one-fourth of the revenues raised hereunder, during each of the first ten fiscal years after this act takes effect, shall be placed in a fund to be known and designated as the permanent building fund and which said fund must be devoted solely to the pur- poses of building, furnishing and equipping _permanent buildings and providing permanent improvements for the university. The board of regents must include in its biennial report to the governor the statement of the manner and for what purposes all of the moneys referred to and raised under this act were expended. Certain acts repealed. §6. An act approved February 14, 1887, entitled: "An act to provide for the permanent support and improvement of the University of Cali- fornia by the levy of a rate of taxation and the creation of a fund there- for," is hereby repealed. Same. §7. An act approved February 27, 1897, entitled "An act to provide additional support and maintenance, and for the acquisition of neces- sary property and improvements of the University of California, by the levy of a rate of taxation, and the creation of a fund therefor," is hereby repealed. § 8. This act shall take effect immediately. ACT 4245. To provide a continuous appropriation for the support and maintenance of the University of California, to be an item of the general appro- priation bill. [Approved March 15, 1901. Stats. 1901, p. 307.] This act appropriated the sum of $200,000 biennially. 1471 UNIVERSITY OF CALIFORNIA. Acts 4246-4253 ACT 4246. To grant to the regents of the University of California the north one- half of section sixteen, township seven south, of range three east, Mount Diablo meridian, and authorize the exchange thereof. [Ap- proved March 16, 1889. Stats. 1889, p. 229.] ACT 4247. To appropriate money to reimburse the university for moneys heretofore appropriated to the endowment fund, which moneys have been by mistake withheld therefrom and appropriated to other state purposes. [Stats. 1881, p. 51.] Repealed 1893, p. 77: See 1899, p. 93. ACT 4248. Appropriations for the benefit of. [Stats. 1901, p. 110. ] This act appropriated $50,000 to supply a loss in the permanent fund to supply a loss through a mortgage made to one "William 0. Turner. ACT 4249. To provide for the better control of the funds of, and for the investment and security of the same. [Stats. 1883, p. 54.] Citations. Cal. 66/608, 69/216. Unconstitutional: People v. Kewen, 69 Cal. 215. ACT 4250. To authorize the insurance of all property of the University of California held for purposes of income against damages or loss. [Approved March 20, 1899. Stats. 1899, p. 152.] ACT 4251. Concerning the selection and sale of university lands. [Stats. 1873-74, p. 356.] Amended 1880, p. 36. This act also related to the determination of land contests. ACT 4252. An act authorizing the regents of the University of California to hold farmers' institutes, and making an appropriation therefor. [Ap- proved April 14, 1909. Stats. 1909, p. 868.] See also former acts in this subject in Stats. 1903, p. 205; 1905, p. 255; amended 1907, p. 176. ACT 4253. Intoxicating liquors, prohibiting sale of within two miles of. [Stats. 187^5-74, p. 12.] Codified by § 172 of Penal Code. Arts 4254-4261 GENERAL LAWS. 1472 ACT 4254. Appropriating two hundred and fifty thousand dollars for the erection of buildings for the use of affiliated and other departments of the University of California. [Stats. 1895, p. 69.] ACT 4255. To appropriate one hundred and twenty-five thousand dollars for the erection of buildings for the use of affiliated and other departments of the University of California, in Sau Francisco. [Approved Feb- ruary 23, 1897. Stats. 1897, p. 14.] ACT 4256. Concerning the medical department of. [Stats. 1881, p. 24.] ACT 4256a. An act authorizing the board of regents of the University of California to exchange the tract of land now constituting the Santa Monica Forestry Station. [Approved March 20, 1905. Stats. 1905, p. 369.] ACT 4257. An act to create a department of music in the university of the State of California; to provide a professorship of music and to appropriate money therefor. [Approved March 22, 1905. Stats. 1905, p. 801.] ACT 4258. An act providing for the establishment and maintenance of a pathological laboratory, for the investigation of tree and plant diseases and pests, and branch agricultural experiment station, and making an appro- priation therefor. [Approved March 18, 1905. Stats. 1905, p. 249.] ACT 4259. An act to provide for experiment and research work in viticulture, di- recting publication of the results of experiments and investigations, making an appropriation therefor and prescribing the duties of the controller and treasurer in relation thereto. [Approved April 14, 1909. Stats. 1909, p. 866.] ACT 4260. An act to establish and maintain a state hygienic laboratory for bac- teriological and chemical analysis for the use of the state board of health, providing for the appointment of a director thereof, and assistants; making an appropriation therefor and prescribing the duties of the state controller and state treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 209.] ACT 4261. An act providing for the purchase of a university farm for the use of the college of agriculture of the University of California; providing for the appointment of a commission to select and purchase said 1473 VAGRANCY— VALLEJO. Acts 4262-4268 farm, providir.g for a school of agriculture and a system of instruc- tion on said farm and appropriating money therefor. [Approved March 18, 1905. Stats. 1905, p. 131.] See also Act of 1907, p. 58, appropriating $132,000 for buildings, imple- ments, etc., for the University farm. ACT 4262. An act making an appropriation for the investigation of agricultural and horticultural problems and conditions in Imperial County, and pro- viding for the establishment in said county of a branch agricul- tural and experiment station for the purpose of prosecuting said work. ' [Approved April 14, 1909. Stats. 1909, p. 865.] ACT 4263. An act to appropriate the sum of one hundred and one thousand three hundred and fourteen dollars ($101,314) for the use and benefit of the University of California, and specifying the duties of the controller and treasurer of state in relation thereto. [Approved April 14, 1909. Stats. 1909, p. 862.] This appropriation was made to replace and restore income of University lost through disaster and fire. TITLE 543. VAGRANCY. ACT 4264. To punish vagrants, vagabonds and dangerous and suspicious persons. [Stats. 1855, p. 217.] Amended 1856, p. 32; 1863, p. 1770. Superseded by Penal Code, § 647. TITLE 544. VALLEJO. ACT 4265. Charter of. [Stats. 1899, p. 370.] Amended Stats. 1907, p. 1245. Citations. Cal. 139/168; 146/397. ACT 4266. To incorporate the town of Vallejo. [Stats. 1865-6G, p. 431.] Superseded by the charter. Stats. 1899, p. 370. ACT 4267. To incorporate. [Stats. 1871-72, p. 566.] Amended 1871-72, p. 757; 1873-74, pp. 360, 381; 1875-76, p. 25; 1877--78, >. 39S. Superseded by charter of Vallejo, 1899, p. 370. ACT 4268. Vallejo township, board of education, establishing. [Stats. 1873-74, p. 160.] Amended 1875-76, p. 9. Gen. Laws — 93 Acts 4273-4284 GENERAL LAWS. 1474 The code commissioners say of this act: "But if the city of Vallejo is a part thereof, this statute is modified or repealed by the charter of that city, 1899, p. 370." TITLE 545. VENTUEA COUNTY. ACT 4273. Creating and establishing boundaries of. [Stats. 1871-72, p. 484.] Amended 1873-74, p. 365, § 4. Section 15 repealed by Political Code, § 791. ACT 4274. Legal distances, defining. [Stats. 1873-74, p. 21.] Repealed by Political Code, § 205. ACT 4275. Fixing salaries of certain officers of. [Stats. 1873-74, p. 618.] Repealed as to county judges by the constitution of 1879, and as to the other offices by the County Government Acts: See 1897, p. 452. ACT 4276. Bonds of officers of. [Stats. .1877-78, p. 334.] Repealed by County Government Acts: See 1897, p. 475, § 66. TITLE 546. VETERANS' HOME. ACT 4281. To provide for the erection of a modern hospital for the Veterans' Home located at Yountville. [Stats. 1901, p. 823.] ACT 4282. To recognize the Veterans' Home at Yountville as a state home for the maintenance of disabled soldiers and sailors of the United States and to designate an officer to receive money appropriated by the United States on account of said home. [Stats. 1889, p. 418.] Citations. App. 8/532, 534. ACT 4283. To accept from the Veterans' Home Association the conveyance of, and to vest the title in the state of California, to the tract of land in Napa County known as the Veterans' Home, with the improvements and furnishings thereon, to make the same a state home for United States soldiers, sailors, and marines, and to provide for the govern- ment thereof by the state. [Approved March 11, 1897. Stats. 1897, p. 106.] Amended 1903, p. 321; 1905, p. 471; 1907, pp. 59, 330. ACT 4284. Authorizing associated veterans of Mexican war to exchange or leass lands. [Stats. 1871-72, p. 363.] Amended 1881, p. 66. 1475 :VETERINARY SURGERY. Acts 4285-4293 ACT 4285. To authorize directors of the Veterans' Home Association to exchange certain lands in San Francisco for certain other property belonging to said city and county or for a lease of said property. [Stats. 1891, p. 184.] ACT 4286. Appropriation for support of indigent persons* residing in Veterans' Home. [Stats. 1883, p. 55.] Amended 1887, p. 6; 1893, p. 214; 1899, p. 147; 1901, p. 275; 1905, p. 191; 1907, p. 193. The amendatory act of 1907 was also repealed 1909, p. 79. ACT 4287. To enable any county, city and county, city or town to lease property to any association of veteran soldiers, sailors, or marines. [Stats, 1897, p. 113.] ACT 4288. Authorizing the state treasurer to pay over to the treasurer of the Vet- erans' Home Association moneys received by him under an act of Congress. [Stats. 1895, p. 26.] ACT 4289. An act to authorize and provide for the transfer of the Veterans' Home of California, its property, management, control and support to the government of the United States, its officers and authorities, to be conducted as a national home under such laws as now exist or which may hereafter be enacted by Congress; and for the conveying of the property of said home, both real and personal, belonging to the state of California, situate in Napa County, to the government of the United States, for such purpose. [Approved March 20, 1905. Stats. 1905, p. 495.] ACT 4290. An act authorizing the directors of the Veterans' Home of California to purchase and take over, for the state of California, to be used, and controlled by said board in the interests of the Veterans' Home of California, a certain piece of land adjoining the premises of the said Veterans' Home of California in the county of Napa, and ap- propriating the sum of three thousand dollars to pay for the purchase of the same. [Approved March 18, 1905. Stats. 1905, p. 167.] TITLE 547. VETERINARY SURGERY. ACT 4293. An act entitled an act to regulate the practice of veterinary medicine and surgery in the state of California. [Approved March 23, 1893. Stats. 1893, p. 286.] Amended 1903, p. 258. The title of the next act states that this act is repealed, but there is no mention of this act in the body of Act 4294 beyond a general reference to it. Act 4294, §§ 1,2 GENERAL LAWS. 1476 ACT 4294. An act to insure the 1)61161 education of practitioners of veterinary medicine, and to regulate the practice of veteriuary medicine in the state of California, to provide for the creation of a board of five members who shall act under and in accordance with the provisions of this act; to provide for their appointment, and define their powers, duties and compensetion; to define offenses committed by acts done contrary to the provisions of this act, and providing penalties for the violation thereof; providing for the revocation or suspension, in certain cases, of licenses issued hereunder, and to repeal an act entitled "An act to regulate the practice of veterinary medicine and surgery in the state of California," approved March 23, 1893, amended and approved March 20, 1903, and all other laws in conflict herewith. [Approved March 23, 1907. Stats. 1907, p. 919.] Board of examiners in veterinary medicine. Term of oface. Removals. § 1. That there be, and is hereby, created a board of examiners in veterinary medicine, to be appointed by the governor of the state of California, which shall consist of five reputable practitioners of veter- inary medicine who shall have graduated from some college authorized by law to confer degrees, each of whom shall have been a bona fide resident of said state for three years last past before appointment, and each, during said period, shall have been actually engaged in the prac- tice of his profession in said state. The appointments first made shall be one for one year, one for two years, one for three years, and two for four years, and thereafter appointments shall be made for a period of four years, except appointments to fill vacancies, in which case the ap- pointments shall be made for the remainder of the unexpired terms; provided, that the governor may, in his judgment, remove any member of said board for neglect of duty or other sufficient cause, after due. notice and hearing. Organization of board. Official records. Bonds of officers. §2. That the said board of examiners in veterinary medicine shall elect a president, vice-president, secretary, and such other officers as shall be necessary. The secretary of said board shall have power to administer oaths or affirmations upon such matters as pertain to the business of said board, and any person willfully making any false oath or affirmation shall be deemed guilty of perjury; and said board shall make, alter, or amend, subject to the approval of the governor, such rules and regulations as may be necessary to carry into effect the provisions of this act, and shall hold such meetings as shall be necessary for the transaction of business, and shall issue all licenses to practice veterinary medicine in the state of California. Said board shall keep an official record of its meetings, and also an official register of all applicants foi licenses, which register shall show the name, age, place, and duration of residence of each applicant, the time spent in the study of veterinary medicine in and out of medical schools, and the names and locations of 1477 VETERINARY SURGERY. Act 4294, §§ 3, 4 all medical schools which have granted said applicant any degree or certificate of attendance upon lectures, and it shall also show whether said ajiplicant was rejected or licensed under this act, and said register shall be prima facie evidence of all matters contained therein. The board shall have the power to require any or all officers of said board to give a bond to the state of California in such form and penalty as it may deem proper. The said board shall in the month of July in each year submit to the governor a full report of its transactions during the twelve months immediately preceding. Applications for license to practice. Application fee. Examinations. §3. That from and after the passage of this act all persons desiring to practice veterinary medicine or any branch thereof in the state of California, or who shall desire to hold themselves out to the public as practicing veterinary medicine or any branch thereof in the state of California, shall make application to said board of examiners in veter- inary medicine for a license so to do. Application for this purpose shall be upon a form furnished by said board, and shall be accompanied by satisfactory evidence of good moral character, and by a diploma from some veterinary college authorized by law to confer the same, which college shall require at least two sessions of study of veterinary medi- cine of not less than six months each prior to the issue of such diploma, and graduates of two-year colleges shall accompany their diplomas by satisfactory evidence that they have practiced veterinary medicine for five years last past subsequent to the issue of such diplomas. Every person applying to the board of examiners in veterinary medicine for a license to practice veterinary medicine shall pay to the board a fee of ten dollars, which fee in no case shall be refunded, and from the fund thus created the board shall pay such necessary expenses as it may incur. Such expenses shall not exceed in any one fiscal year the amount of fees collected during that period, but if any balance remain after paying all such expenses it shall be paid into the state school fund, except as hereinabove provided. Said board shall, by means of examinations, ascertain the professional qualifications of all applicants for license to practice veterinary medicine in said state, and shall issue such licenses to all who are found by such examinations to be, in the judgment of said board, competent to so practice; and no such license shall be issued tc any person who has not so demonstrated his competence, except as hereinafter otherwise provided. Such examinations shall be held in January, April, July, and October of each year, and shall include all such subjects as are ordinarily included in the curricula of veterinary crdleges in good standing, but examinations may be held at such other times and include such other subjects as said board shall authorize and direct. Said board shall number consecutively all applications received, note upon each the disposition made of it, and preserve the same for r^iference, and shall number consecutively all licenses issued. Arrangements with boards of other states. § 4. That said board of examiners, so far as may be possible, shall make arrangements with analogous boards of the several states and terri- Act 4294, §§ 5-7 GENERAL LAWS. 1478 tories whereby due credit for state and territorial licenses -will be allowed in the state of California to such licentiates of said boards as desire to secure licenses to practice veterinary medicine in this state, and whereby licentiates of the board of examiners in veterinary medicine in the state of California will secure due credit for licenses issued by said board whenever such licentiates desire to secure licenses to practice veterinary medicine in any state or territory; but no arrangements shall be made under the provisions of this section which will be liable to lower the standard of practice of veterinary medicine in the state of California, and no arrangement for the mutual recognition of licenses shall be valid until it has been approved by the governor of the state of California. Appeal of applicant when license has been refused. Board of review. §5. That any person having been examined by said board of ex- aminers in veterinary medicine and having been refused a license as the result of such examination may, within thirty days after formal notification of such refusal, appeal from the decision of said board. Such appeal must be in writing, addressed to the governor of the state of California, setting forth the ground upon which it is based, and ac- companied by a deposit of thirty dollars. If, after examination of said appeal, the governor deem it proper, he shall appoint a board of review, consisting of three practitioners of veterinary medicine having qualifi- cations similar to those required of members of the regular board of examiners in veterinary medicine, which board shall review the examina- tion of appellant, and if they deem necessary re-examine him and report their finding to the governor; and such finding shall be final and bind- ing upon all parties concerned, and if favorable to the appellant the bop.rd of examiners in veterinary medicine shall issue to him a license to practice veterinary medicine in said state. Each member of said board of review shall be paid a fee of not more than ten dollars for each candidate examined, payment to be made from the deposit of the appellant if the finding is adverse to him, but otherwise from the funds of the board of examiners. If favorable, the amount deposited shall be returned to the appellant. License must be displayed. § 6. That every person practicing veterinary medicine in the state of California, or representing himsielf or permitting himself to be repre- sented as so practicing, shall display or cause to be displayed con- spicuously in his usual place of business his license to practice in said state. Said place of business shall, during all reasonable hours, be open to inspection by any representative of the police department or of the board of examiners in veterinary medicine of said state, so far as may be necessary to examine such licenses, and it shall be unlawful for any person to interfere with any inspection made or intended to be made for this purpose. Practicing veterinarian defined. § 7. That from and after the passage of this act any person shall be regarded as practicing veterinary medicine in the state of California who 1479 VETERINARY SURGERY. Act 4294, §§ 8-10 shal], in said state, append or cause to be appended to his name the letters V. S., D. V. M., V. M. D., M. D. V., M. D. C, D. V. S., or M. R. C. V. S., or the words "veterinary," "veterinarian," "veterinary- surgeon," or "veterinary dentist," "veterinary farrier," "veterinary horse- shoer," "horse dentist," or "horse doctor," or who shall prescribe, advise, or apply any drug or medicine or other agency, or who shall per- form any operation for the treatment, relief, or cure of any sick, diseased, or injured lower animal, or for commercial purposes, or who shall pub- licly profess to do any of these things, and shall charge or receive therefor money or other compensation, directly or indirectly; provided, nothing in this act shall be construed to prohibit members of the medical profession from prescribing for domestic animals in case of emergency, and collecting a fee therefor, nor to prohibit gratuitous services in an emergency, nor to prevent any person from practicing veterinary medi- cine on any animal belonging to himself or herself. Present rights not affected. § 8. That this act shall not affect the rights under the laws of the state of California of veterinarians to practice veterinary medicine who have lawful rights to practice veterinary medicine at the time of the passage of this act; and provided further, that this act shall not apply to veterinary surgeons in the employ of the United States army, nor to regularly licensed veterinarians in actual consultation from other states, nor to regularly licensed veterinarians actually called from other states to attend cases in the state of California, but who do not open an office or appoint a place to do business within said state, nor to employees of licensed veterinarians legally qualified to practice as such under the provisions of this act. License may be suspended or revoked, when. § 9. That the board of examiners in veterinary medicine hereby created may, by a vote of four members, revoke or suspend for a certain time the license of any person to practice veterinary medicine or any branch thereof in the state of California after notice and hearing, for any of the following causes, namely: The employment of fraud or de- ception in passing the examinations or in obtaining a license, chronic inebriety, or conviction of crime involving moral turpitude. The form of complaint, the form and length of notice, and the time and procedure of hearing charges against any licensee for any of the above causes shall be as near as possible according to the provisions of Title XI of the Code of Civil Procedure and the president of the board shall sign all papers, writs and process. Violation of act a misdemeanor. § 10. That any person who shall violate or aid or abet in violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Acts 4298-4307 GENERAL LAWS. 1480 Quorum of board. § 11. That three members of the board of examiners in veterinary medi 'ine in the state of California shall constitute a quorum for the transaction of business at any meeting of the board, except as pro- vided in section 9 of this act. § 12. That this act shall take effect immediately, and all laws in con- flict with this act are hereby repealed. TITLE 548. VISALIA. ACT 4298. Incorporating, and providing for public schools therein. [Stats. 1873-74, p. 171.] Amended 1875—76, p. 119. Superseded by incorporating in 1900, under stat- ute of 1883. ACT 4299. [Quieting title to town lots in. Stats. 1877-78, p. 3C3.] TITLE 549. VITICULTUEE, ACT 4304. To define and enlarge the powers and duties of the state viticultural commissioners, to authorize the appointment of certain officers, and to protect the interests of horticulture and agriculture. [Stats. 1881, p. 51.] Enlarged 1885, p. 9. Repealed 1895, p. 235. Unconstitutional in part: Ex parte Cox, 63 Cal. 21. ACT 4305. To enlarge the duties of the board of state viticultural commissioners. [Stats. 1885, p. 9.] Repealed 1895, p. 235. ACT 4306. For the promotion of the viticultural industries of the state. [Stats. 1880, p. 52.] Enlarged 1881, p. 51; 1885, p. 9. Certain sections repealed 1895, p. 235. This act provided for the creation of viticultural districts and the appointment of viticultural commissioners. ACT 4307. An act for the protection of the viticultural interests of the state, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 522.] § 1. The regents and the president of the University of California are hereby directed to cause to be prosecuted with all possible diligence, 1481 WAGON ROAD CORPORATIONS. Act 4312 in connection with and in addition to the work heretofore carried on by the agricultural experiment station, experimental and research work in the field of viticulture, including both cultural and industrial pro- cesses. They are directed to ascertain the adaptation of the various kinds of vinos to the several climatic and soil conditions of the state, with the special reference to those stocks for propagating purposes, resistant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting and propagating said stocks and vines, together with the most important methods of vinifiea- tion and the preparation, manufacture and application of yeasts in vinification and distillation. They are further directed to report upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases and all matters appertaining to the viticultural industry, pertinent to the successful conduct of the business and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investiga- tions in form of bulletins from time to time, as may seem advisable, and not less than two bulletins showing the progress and result of the work, shall be issued in any fiscal year. § 2. The sum of three thousand dollars ($3,000) is hereby appropri- ated out of any money in the treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act; said money to be paid to the regents of the University of California, to be expended by them through the agricultural department of the university during the two years beginning July 1, 1903. The controller of the state is hereby directed to draw his warrant for such payments as requested by said regents of the state university of California, and the treasurer of the state is hereby directed to pay the same. § 3. This act shall take effect and be in force from and after its passage. TITLE 550. WAGON EOAD CORPOEATIONS. ACT 4312. To provide for the formation of. [Stats. 1853, p. 114.] Amended 1856, p. 71. Citations. Cal. 122/338. This act was repealed by the later act of March 12, 1853. Stats. 1853, p. 169, in regard to the formation of wagon-road corporations, being inconsistent with it: See People ex rel. Waugh v. Auburn etc. Tp. Co., 122 Cal. 335. Acts 4317-4319 GENERAL LAWS. 1482 TITLE 551. WAEEHOUSES. ACT 4317. To authorize the keepers of warehouses to sell goods on storage after a certain period. [Stats. 1851, p. 170.] This act is probably superseded by the provisions of the code relating to stor- age. In the absence of positive legislation it is difficult to determine what, if any, part of it is in force. ACT 4318. Eelating to warehouse and wharfinger receipts and other matters per- taining thereto. [Stats. 1877-78, p. 949.] Codified by §§ 1858-1858f of Civil Code. See note to § 1858, Civil Code. See post, Acts 4319, 4320. Citations. Cal. 68/609, 610; 75/355; 108/140; 110/359; 111/380; 123/631. App. 1/491. ACT 4319. An act concerning warehouse receipts, and the issuing, sale and transfer thereof, and the sale of goods, wares and merchandise stored in public or private warehouses in other states. [Approved March 20, 1905. Stats. 1905, p. 322.] See Civil Code, §§ 1858-1858f. See, also. Act of 1909, p. 437, regulating warehouse receipts, post, Act 4320. § 1. That it shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sell, pledge, assign or transfer in this state, any receipt, certificate or other written instrument purporting to be a warehouse receipt, or in the similitude of a warehouse receipt, or designed to be understood as a warehouse receipt, for goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument, shall have been issued by the warehousemen operating such warehouse. § 2. It shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sell, pledge, assign or transfer in this state, any receipt, certificate or other written instrument for goods, wares or merchandise claimed to be stored or deposited, in any warehouse, public or private, in any other state, knowing that there is no such warehouse located at the place named in such receipt, certificate or other written instrument, or if there be a warehouse at such place, knowing that there are no goods, wares or merchandise stored or deposited therein as speci- fied in such report, certificate or other written instrument. §3. It shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sign, sell, pledge, assign or transfer, in this state, any receipt, certificate or other written instrument evidencing, or purporting to evidence, the sale, pledge, mortgage or bailment of any 1483 WAREHOUSES. Act 4320 goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument shall plainly designate the number and location of such warehouse, and shall also set forth therein a full, true and complete copy of the receipt issued by the warehouseman operating such warehouse wherein such goods, wares or merchandise are stored or deposited, or are claimed to be stored or deposited: Provided, that the provisions of this section shall not apply to the issue, signing, sale, pledge, assignment or transfer of bona fide warehouse receipts issued by the warehouseman operating public or bonded warehouses in other states, according to the laws of the state wherein such warehouses may be located. § 4. Every corporation, firm or person, or agent, or employee, who shall knowingly violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty nor more than one thousand dollars, to which may be added imprisonment in the county jail for any period not ex- ceeding six months. ACT 4320. An act to make .uniform the law of warehouse receipts. [Approved March 19, 1909. Stats. 1909, p. 437.] Receipts, who may issue. § 1. Warehouse receipts may be issued by any warehouseman. What receipt must embody. Liability for omission. § 2. Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms — (a) The location of the warehouse where the goods are stored, (b) The date of issue of the receipt, (c) The consecutive number of the receipt, (d) A statement whether the goods received will be delivered to the bearer, or to a specified person, or to a specified person or his order, (e) The rate of storage charges, (f) A description of the goods or of the packages containing them. (g) The signature of the warehouseman, which may be made by his authorized agent, (h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership, and (i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient. Act 4320, §§ 3-8 GENERAL LAWS. 1434 A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required. Insertion of other conditions. §3. A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not— (a) Be contrary to the provisions of this act. (b) In anywise impair his obligation to exercise that degree of care in the safekeeping of the goods intrusted to him which a reasonably careful man would exercise in regard to similar goods of his own. Non-negotiable receipt. § 4. A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a non- negotiable receipt. Negotiable receipt. § 5. A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt is a negotiable receipt. No provision shall be inserted in a negotiable receipt that is non-negotiable. Such provision, if inserted, shall be void. Duplicates shall be so marked. § 6. When more than one negotiable receipt is issued for the same goods, the word "duplicate" shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do anyone who pur- chased the subsequent receipt for value supposing it to be an original. even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt. Non-negotiable shall be marked. § 7. A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it, "non-negotiable," or "not negotiable." In case of the warehouseman's failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable. This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character. Rights of holder of receipt. § 8. A warehouseman, in the absence of some lawful excuse pro- vided by this act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with — (a) An offer to satisfy the warehouseman's lien, 1485 WAREHOUSES. Act 4320, 5 § 9-12 (b) An offer to surrencler the receipt if negotiable, with such indorse- ments as would be necessary for the negotiation of the receipt, and (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman. In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal. When warehouseman justified in delivering goods. § 9. A warehouseman is justified in delivering the goods subject to the provisions of the three following sections, to one who is — (a) The person lawfully entitled to the possession of the goods, or his agent, (b) A person who is either himself entitled to delivery by the terms of a non-negotiable receipt issued for the goods, or who has written author- ity from the person so entitled either indorsed upon the receipt or written upon another paper, or (c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been indorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorsee. YiThen warehouseman liable. § 10. Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section and though he delivered the goods as authorized by said subdivision he shall be so liable, if prior to such delivery he had either (a) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery, or (b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods. Same. § 11. Except as provided in section 36, where warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to anyone who pur- chases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman. § 12. Except as provided in section 36, where a warehouseman delivers part of the goods for which he had issued si negotiable receipt and fails Act 4320, §§ 13-15 GENERAL LAWS. 1*86 either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered he shall be liable, to anyone who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman. Alteration of receipt, no excuse from liability. Fraudulent alteration. § 13. The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was (a) Immaterial, (b) Authorized, or (c) Made without fraudulent intent. If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman shall be liable according to the terms of the receipt, as they were before alteration. Material and fraudulent alteration of a receipt shall not excuse the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but shall excuse him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser of the receipt for value without notice of the alteration shall acquire the same rights against the warehouseman which such purchaser would have acquired if the receipt had not been altered at the time of the purchase. Delivery when receipt is lost, how. § 14. Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satis- factory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the ware- houseman from any liability or expense, which he or any person by such delivery may incur by reason of the original receipt remaining out- standing. The court may also in its discretion order the payment of the warehouseman's reasonable costs and counsel fees. The delivery of the goods under an order of the court as provided in this section, shall not relieve the warehouseman from liabilities to a per- son to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. Word "duplicate" is warranty. § 15. A receipt upon the face of which the word "duplicate" is plainly placed is a representation and warranty by the warehouseman that such receipt is an accurate copy of an original receipt properly issued and uncanceled at the date of the issue of the duplicate, but shall impose upon h/im no other liability. 1487 WAREHOUSES. Act 4320, §§ 16-21 Title of warehouseman. § 16. No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or in- directly from a transfer made by the depositor at the time of or subse- quent to the deposit for storage, or from the warehouseman's lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt. Claimants may interplead. § 17. If more than one person claim the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, which- ever is appropriate, require all known claimants to interplead. Refusal to deliver, excuse from liability. § 18. If some one other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the ware- houseman has information of such claim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. If such adverse claimant shall not bring suit and serve summons on the warehouseman within forty-eight hours after the service of notice of his adverse claim, such failure shall act as a complete abandonment of such adverse claim. Rights of third persons. § 19. Except as provided in the two preceding sections and in sec- tions 9 and 36, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt. Goods must correspond with description. § 20. A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that packages containing the goods are said to con- tain goods of a certain kind, or by words of like purport, such state- ments, if true, shall not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor. Injury to goods. § 21. A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as Act 4320, §§ 22-27 GENERAL LAWS, 1488 a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care. Goods must be kept separate. §22. Except as provided in the following -section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and redelivery of the goods deposited. Certain may be mingled. §23. If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common, and each depositor shall be entitled to such por- tion thereof as the amount deposited by him bears to the whole. Care of mingled goods. §24. The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate. Attachments, surrender of receipt, § 25. If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they cannot thereafter, while in the possession of the ware- houseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the ware- houseman, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court. Creditors' right to injunction, §26. A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction or otherwise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which can not readily be attached or levied upon by ordinary legal process. Lien for lawful charges, § 27. Subject to the provisions of section 30, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transporta- tion, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses 1489 WAREHOUSES. Act 4320, §§ 28-33 for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman's lieu. Lien may be enforced against what. § 28. Subject to the provisions of section 30, a warehouseman's lien may be enforced — (a) Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is assessed, and (b) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted, if such person has been so intrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid. Loss of lien, when. §29. A warehouseman loses his lien upon goods — (a) By. surrendering possession thereof, or (b) By refusing to deliver the goods when a demand is made with which he is bound to comply under the provisions of this act. Charges for storage, lien for. § 30. If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumer- ates other charges for which a lien is claimed. In such case there shall be a lien for the charges enumerated so far as the}^ are within the terms of section 27, although the amount of the charges so enumerated is not stated in the receipt. Goods may be held. §31. A warehouseman having a lien valid against the person demand- ing the goods may refuse to deliver the goods to him until the lien is satisfied. Warehouseman entitled to remedy. §32. Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the ware- houseman to pay. How lien may be satisfied. Sale of goods at auction. § 33. A warehouseman's lien for a claim which has become due may be satisfied as follows: The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the ware- houseman to claim an interest in the goods. Such notice shall be given by delivery in person or by registered letter addressed to the last known Gen. Laws — 94 Act 4320. i 34 GENERAL LAWS. 1490 place of business or abode of the person to be notified. Tlie notice shall contain — (a) An itemized statement of the warehouseman's claim, showing the Bum due at the time of the notice and the date or dates when it became due, (b) A brief description of the goods against which the lien exists, (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue shall be paid on or before the day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail, and (d) A statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place. In accordance with the terms of a notice so given, a sale of the goods by auction may be had to satisfy any valid claim of the warehouseman for which he has a lien on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein. From the proceeds of such sale the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods. At any time before the goods are sold any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and pay the reasonable expenses and lia- bilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The warehouseman shall de- liver the goods to the person making such payment if he is a person entitled, under the provisions of this act, to the possession of the goods on payment of charges thereon. Otherwise the warehouseman shall re- tain possession of the goods according to the terms of the original con- tract of deposit. Perishable goods. § 34. If goods are of a perishable nature, or by keeping will deter- iorate greatly in value, or by their odor, leakage, inflammability, or 1491 WAREHOUSES. Act 4320, §§ 35-38 erplosive nature, will be liable to injure other property, the warehouse- man may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circum- stances, to satisfy the lien upon such goods, and to remove them from the warehouse, and in the event of the failure of such person to satisfy the lien and to remove the goods within the time so specified, the ware- houseman may sell the goods at public or private sale without adver- tising. If the warehouseman after a reasonable effort is unable to sell such goods, he may dispose of them in any lawful manner, and shall incur no liability by reason thereof. The proceeds of any sale made under the terms of this section shall be disposed of in the same way as the proceeds of sales made under the terms of the preceding section. Other remedies. § 35. The remedy for enforcing a lien herein provided does not pre- clude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the, warehouseman's claim as shall not be paid by the proceeds of the sale of the property. Warehouseman's liability ceases, when. § 36. After goods have been lawfully sold to satisfy a warehouseman's lien, or have been lawfully sold or disposed of because of their perish- able or hazardous nature, the warehouseman shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods when they were de- posited, even if such receipt be negotiable. How negotiable receipt may be negotiated. § 37. A negotiable receipt may be negotiated by delivery — (a) "Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or (b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer. Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be nego- tiated only by the indorsement of such indorsee. Same. § 38. A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer or to a speci- fied person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiations may be made in like manner. Act 4320, §§ 39-43 GENERAL LAWS. 1492 Same. § 39, A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable receipt can not be negotiated, and the indorsement of such a receipt gives the transferee no additional right. By whom may be negotiated. § 40. A negotiable receipt may be negotiated — • (a) By the owner thereof, or (b) By any person to whom the possession or custody of the receipt has been intrusted by the owner, if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of the person to whom the possession or custody of the receipt has been intrusted, or if at the time of such intrusting the receipt is in such form that it may be negotiated by delivery. What is acquired by negotiation. § 41. A person to whom a negotiable receipt has been duly negotiated acquires thereby — (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value, and (b) The direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him. What is acquired by transfer of receipt. § 42. A person to whom a receipt has been transferred but not nego- tiated, acquires thereby, as against the transferrer, the title to the goods, subject to the terms of any agreement with the transferrer. If the receipt is non-negotiable such person also acquires the right to notify the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt. Prior to the notification of the warehouseman by the transferrer or transferee of a non-negotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferrer, or by a notification to the warehouseman by the transferrer or a subsequent purchaser from the transferrer of a subsequent sale of the goods by the transferrer. Transferee acquires, what. § 43. Where a negotiable receipt is transferred for value by delivery, and the indorsement of the transferrer is essential for negotiation, the transferee acquires a right against the transferrer to compel him to in- 1493 WAREHOUSES. Act 4320, §§ 44-4P dorse the receipt, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made. •Transferrer warrants, what. §44. A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants — (a) That the receipt is genuine, (b) That he has a legal right to negotiate or transfer it, (c) That he has knowledge of no fact which would impair the validity or worth of the receipt, and (d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby, Ijiability of indorser. § 45. The indorsement of a receipt shall not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfill their respective obligations Mortgagee's warrant. § 46. A mortgagee, pledgee or holder for security of a receipt who in good faith demands or receives payment of the debt for which such receipt is security, whether from a party to a draft drawn for such debt or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described. Validity of negotiation, when not impaired. § 47. The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was induced by fraud, mistake, or duress to intrust the possession or custody of the receipt to such person, if the person to whom the receipt was negotiated, or a person to whom the receipt was subse- quently negotiated, paid value therefor, without notice of the breach of duty, or fraud, mistake, or duress. Subsequent negotiation. § 48. Where a person having sold, mortgaged, or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt represent- ing such goods, continues in possession of the negotiable receipt, the sub- sequent negotiation thereof by that person under any sale, or other dis- position thereof to any person receiving the same in good faith, for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation. Act 4320, §§ 49-54 GENERAL LAWS. 1494 Seller's lien shall not defeat rights of purchasers. § 49. Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of any pur- chaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transitu. Nor shall the warehouseman be obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation. Fraudulent issue of receipt, penalty for. § 50. A warehouseman, or any officer, agent, or servant of a ware- houseman, who issues or aids in issuing a receipt knowing that the good? for which such receipt is issued have not been actually received by such warehouseman, or are not under his control at the time of issuing sucfc receipt, shall be guilty of a crime, and upon conviction shall be pun- ished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. False statements. § 51. A warehouseman, or any officer, agent, or servant of a ware- houseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Fraudulent issue of duplicates, penalty for. § 52. A warehouseman, or any officer, agent, or servant of a ware- houseman, who issues or aids in issuing a duplicate or additional nego- tiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, with- out plainly placing upon the face thereof the word "duplicate," except in the case of a lost or destroyed receipt after proceedings as provided for in section 14, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. When warehouseman is owner. §53. Where there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction, shall be punished for each offense by im- prisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Penal clause. § 54. A warehouseman, or any officer, agent, or servant of a ware- houseman who delivers goods out of the possession of such warehouse- 1495 WAREHOUSES. Act 4320, §§ 55-58 man, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases proviiled for in sections 14 and 36, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Same. § 55. Any person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. What niles of law, to govern. § 56. In any case not provided for in this act, the rules of law and equity, including the law-merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepre- sentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. Interpretation of act. § 57. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Definition of certain terms, §58. (1) In this act, unless the context or subject matter otherwise requires — • "Action" includes counterclaim, setoff, and suit in equity. "Delivery" means voluntary transfer of possession from one person to another. "Fungible goods" means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit. "Goods" means chattels or merchandise in storage, or which has been or is about to be stored. "Holder" of a receipt means a person who has both actual possession of such receipt and a right of property therein. "Order" means an order by indorsement on the receipt. "Owner" does not include mortagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee. "Purchaser" includes mortgagee and pledgee. "Eeceipt" means a warehouse receipt. "Value" is any consideration sufficient to support a simple contract. Acts 4323-4333 GENERAL LAWS. 1496 An antecedent or pre-existing obligation, whether for money or not, con- stitutes value where a receipt is taken either in satisfaction thereof or as security therefor. "Warehouseman" means a person lawfully engaged in the business of storing goods for profit. (2) A thing is done "in good faith" within the meaning of this act,, when it is in fact done honestly, whether it be done negligently or not. Prior acts. § 59. The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act. Same. § 60. All acts or parts of acts inconsistent with this act are hereby repealed. Name of act. § 61. This act may be cited as the Warehouse Eeceipts Act. TITLE 552. WAEM SPRINGS CEEEK. ACT 4323. To declare navigable. [Stats. 1871-72, p. 307.] The code commissioners say of this act: "Probably repealed by Political Code, § 2349, as amended 1891." TITLE 553. WARRANTS. ACT 4328. To provide for the payment of the controller of state's warrants, which have been lost or destroyed previous to payment by the state treas- urer. [Stats. 1891, p. 294.] See this act, ante, Act 2033. TITLE 554. WASHINGTON TOWNSHIP. ACT 4333. Yolo County, hogs and goats in Washington Township. [Stats. 1875-76, p. 800.] Superseded by 1897, p. 198. TITLE 555. WATER COMMISSIONERS. The Political Code, § 19, continued in force all acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. For the act governing in any particular township or county, see the particular title. See, also, Acts 4364, 4365. 1497 WATER COMPANIES. Acts 4343-4348 TITLE 556. WATER COMPANIES. ACT 4343. For the incorporation of water companies. [Stats. 1858, p. 218.] Amended 1861, p. 228. Repealed by Civil Code, § 288. ACT 4344. To provide for the incorporation of water companies. [Stats. 1852, p. 171.] Repealed by Civil Code, § 288. ACT 4345. For the protection of water companies. [Stats. 1861, p. 533.] This act provided a penalty for injuring, defrauding, etc. It was superseded by Penal Code, §§ 499, 592, 607, 625. ACT 4346. Authorizing boards of supervisors to fix water rates. [Stats. 1880, p. 16.] Superseded by 1885, p. 95. Citations. Cal. 129/446. ACT 4347. Regulating and controlling the sale, rental and distribution of appropri- ated water in this state other than in any city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the place of use. [Stats. 1885, p. 95.] Amended 1897, p. 49; 1901, p. 80. Citations. Cal. 74/573; 129/446, 447, 449; 130/313; 189/28; 151/58, 59; 152/730. App. 8/170, 173, 174. This act appears in full in Appendix, Civil Code, p. 1936. "See Osborne v. San Diego etc. Co., 178 U. S. 22, and Fellows v. Los Angeles, 33 Cal. Dec. 472." — Code Commissioners' Note. ACT 4348. An act to enable the board of supervisors, town council, board of alder- men, or other legislative body of any city and county, city, or town to obtain data and information, from any corporation, company, or person supplying water to such city and county, city, or town, re- quiring such boards, town council, or other legislative body to per- form the duties prescribed by section 1 of Article XIV of the con- stitution, and prescribing penalties for the nonperformance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Citations. Cal. 152/265, 266. Act 4348, §§-1-4 GENERAL LAWS. 1498 "Unconstitutional in part (Fitch v. Supervisors, 122 Cal. 285). See 1885, p. 95; San Diego Land Co. v. National City, 174 U. S. 739." — Code Commission- ers' Note. See the Act of 1885, p. 95, ante. Act 4347. Municipal corporations to fix water rates. § 1. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized and empowered, and it is made their official duty, to annually fix the rates that shall be charged and collected by any person, company, association, or corporation, for water furnished to any such city and county, or city, or town, or the inhabitants thereof. Such rates shall be fixed at a regular or special session of such board or other legislative body, held during the month of February of each year, and shall take effect on the first day of July thereafter, and shall continue in full force and effect for the term of one year, and no longer. Annual statements to be made by water companies, etc. § 2. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized, and it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ordinance or otherwise, any corporation, company, or person supplying water to such city and county, city, or town, or to the inhabitants thereof, to furnish to such board, or other governing body, in the month of January in each year, a detailed statement, verified by the oath of the president and secretary of such corporation or company, or of such person, as the case may be, showing the name of each water-rate payer, his or her place of residence, and the amount paid for water by each of such water- rate payers, during the year preceding the date of such statement, and also showing all revenue derived from all sources, and an itemized state- ment of expenditures made for supplying water during said time. Additional statement. § 3. Accompanying the first statement made as prescribed in section 2 of this act, every such corporation, company, or person shall furnish a detailed statement, verified in like manner as the statement mentioned in section 2 hereof, showing the amount of money actually expended annually, since commencing business, in the purchase, construction, and maintenance, respectively, of the property necessary to the carrying on of its business, and also the gross cash receipts annually, for the same period, from all sources. Refusal to make statement a misdemeanor. § 4. Every corporation, company, or person who shall refuse or neg- lect to furnish the statements mentioned in sections 2 and 3 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 1, 2, and 3 of this act, shall be deemed guilty of a misdemeanor. J 1499 WATERS. Act 4352 Copy of statement to be filed, §5. Upon receiving the statements provided for in sections 2 and 3 of this act, tlie board of supervisors, town council, board of aldermen, or other legislative body, shall cause a copy thereof to be made and filed in the oflice of the county recorder of such city and county, or of the county wherein such city or town is situated. Eates to be equaL §6. Eates for the furnishing of water shall be equal and. uniform. There shall be no discriminations made between persons, or between persons and corporations, or as to the use of water for private and domestic, and public or municipal purposes; provided, that nothing herein shall be so construed as to allow any person, company, associa- tion, or corporation to charge any person, corporation, or association any- thing for water furnished them when, by any present law, such water is free. Excess in charging rates forfeits franchise, etc. § 7. Any person, company, association, or corporation charging, or attempting to collect from the persons, corporations, or municipalities using water, any sum in excess of the rate fixed as hereinbefore desig- nated, shall, upon the complaint of said board of supervisors, town coun- cil, board of aldermen, or other legislative body thereof, or of any water- rate payer, and upon conviction before any court of competent jurisdic- tion, shall forfeit the franchises and the waterworks of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used. Penalty to supervisors neglecting to enforce act. § 8. Any board of supervisors or other legislative body of any city and county, city or town which shall fail or refuse to perform any of the duties prescribed by this act, at the time and in the manner hereinbefore specified, shall be deemed guilty of malfeasance in office, and upon con- viction thereof, at the suit of any interested party, in any court of competent jurisdiction shall be removed from office. § 9. This act shall take effect and be in force from and after the date of its passage. TITLE 557. WATEKS. ACT 4352. An act to provide for the joint investigation with the federal govern- ment of the water resources of the state, and to make an appropria- tion for the expenses of such investigations. [Approved March 11, 1907. Stats. 1907, p. 194.] Board of examiners to contract for topographic maps. Ascertaining methods of distributing water. § 1. The state board of examiners are hereby empowered to enter into contracts with the director of the United States Geological Survey for Act 4352, §§ 2, 3 GENERAL LAWS, 1500 the purposes of making topographic maps, to the extent of thirty thou- sand dollars; also for the purpose of gauging streams, determining under- ground water supplies, surveying reservoir sites and canal locations, for the conservation and utilization of waters of the state, to the extent of twenty thousand dollars; also for the purpose of investigating the economic quality and purity of the water of the state, to the extent of three thousand dollars, provided, no work of the nature heretofore stated shall be done where the same will interfere with the water already appropriated or in reservoirs or now in use for irrigation purposes, or domestic purposes, under the laws of this state; also with the director of the Office of Experiment Stations of the Department of Agriculture for the purpose of ascertaining the best methods of distributing and using the water, to the extent of fifteen thousand dollars; provided, however, that these expenditures for such purposes shall not be in excess of the amounts to be expended by the various departments of the federal government in the collaboration with the specific work named above; and provided further, that in case any of the departments of the federal government above mentioned do not contribute these funds for said co- operation, that the state board of examiners shall have power to enter into such contracts as may seem best to them with the lawfully author- ized representatives of any of the departments of the federal govern- ment for the expenditure of said remaining balance; and provided fur- ther, that said last mentioned expenditure for such purpose shall not be in excess of the amount to be expended by that department of the fed- eral government in collaboration with the state. Powers of persons employed. § 2. In order to carry out the purposes of this act, any person or persons employed hereunder are authorized to enter and cross all lands within this state; provided, in so doing no damage is done to private property; it shall be a misdemeanor, punishable as provided in such cases, for any person or persons to willfully and maliciously remove or destroy sny permanent marks or monuments made or erected by any such persons. ixppropriation. When available. § 3. The sum of sixty-eight thousand dollars is hereby appropriated for the purposes specified in this act, and the controller of state is hereby authorized and directed to draw warrants upon such fund from time to time, upon the requisition of the state board of examiners and the state treasurer is hereby authorized and directed to pay such warrants; pro- vided, one-half of the appropriation herein shall be available in the fifty- ninth fiscal year, and the remaining one-half of said appropriation shall be available in the sixtieth fiscal year, except that one-half the funds for making topographic maps shall be available during the twelve months immediately following the passage of this act, and the remaining one-half of this fund shall be available during the second twelve months follow- ing the passage of this act. i 1501 WATERS. Acts 4353-1359 Duty of surveyor general and engineer of public works. § 4. It is hereby made the duty of the surveyor general and the engineer of the board of public works to render any assistance desired by the state board of examiners in furtherance of the aims of this act. This act shall take effect and be in force on and after the passage of this act. See, also, Acts of 1903, p. 171, and 1905, p. 152, on the same subject matter. ACT 4353. To prevent obstructions in navigable streams. [Stats 1850, p. 188.] Superseded by Penal Code, § 611, and Political Code, § 2350. ACT 4354. For the protection of harbors. [Stats. 1861, p. 224.] This act forbade the mooring to buoys or beacons and the throwing over- board of ballast. It was superseded in part by the Act of 1873-74, p. 619, and entirely by Penal Code, §§ 613, 614. See ante. Act 435. ACT 4355. Fixing and defining a miner's inch of water. [Approved March 23, 1901. Stats. 1901, p. 660.] ACT 4356. Artesian wells, regulating use of, and preventing waste of subterranean waters. [Stats. 1877-78, p. 195.] Section 8 repealed 1901, p. 284. See Stats. 1907, p. 122. \CT 4357. To declare navigable a creek in sections 35 and 36, township 3 south, range 3 west, Mt. Diablo meridian. [Stats. 1807-68, p. 486.] This act declared a certain creek in Alameda Conuty navigable. ACT 4358. To declare certain rivers and creeks navigable. [Stats. 1851, p. 422.] Amended 1853, p. 182. Citations. Cal. 79/349. This act declared certain parts of the following streams navigable: San Jose de Guadalupe, Petaluma River, Sonoma River, Napa River, Suisun River, Sac- ramento River, Feather River, Yuba River, San Joaquin River, Stockton Slough, Mokelumne River, Tuolumne River, Deer Creek, and American Pork. Substan- tially incorporated in Political Code, § 2349, with the exception of the San Jose de Guadalupe and the American Fork. ACT 4359. Declaring a certain creek in Washington Township, Alameda County, navigable. [Stats. 1871-72, p. 307.] Probably repealed by Political Code, § 2349, as amended 1891. Acts 4360-4363 GENERAL LAWS. 1502 ACT 4360. Alameda County, navigable streams in. [Stats. 1867-68, pp. 486, 680.] These acts applied, amongst others, to San Leandro Creek and Johnson's Creek. Particular streams, navigability of: See particular title. ACT 4361. Authorizing the boards of supervisors of the several counties, of this state to declare innavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.] Repealed by § 25, County Government Act, 1897, p. 457. ACT 4362. To authorize the board of supervisors of the several counties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 1881. Stats. 1881, p. 25.] Superseded by subd. 35, § 25, County Government Act, 1897, p. 466. Re- pealed 1901, p. 265. This act authorized supervisors to grant privileges to build booms to hold logs and timber. ACT 4363. An act to provide for the location of towpaths along the banks of navi- gable streams, [Approved April 1, 1872. Stats. 1871-2, p. 940.] Authority given. § 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 towpath, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county. Viewers. §2. In order to locate and open such towpath, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the pur- pose of locating and opening public roads and highways. Water frontage. § 3. The owner or owners of any land over which a towpath shall be located and opened shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce. Fences. § 4. It shall not be necessary to construct or maintain fences on either side of any towpath so located, but the board of supervisors may make all necessary rules and regulations for the government and management of towpaths, and may provide for the erection of gates thereon and for 1503 WATERS. Act 4364 the full and complete protection of the property through which the same passes. § 5. This act shall take effect from and after its passage. ACT 4364. An act to provide for the appointment of an examining commission ou rivers and harbors, defining their duties and powers, and prescribing their compensation. [Approved March 19, 1889. Stats. 1889, p. 420.] Appointment of engineers. § 1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent engineers in good standing in their profession, to be known and called the "Examining Commission on Eivers 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 appointment. Oath nst.; subd. 5, sec. 8, art. I Const, of U. S.)" — Code Commissioners' Note. 1507 WEIGHTS AND MEASURES. Act 4383, §§ 1-6 ACT 4383. An act relating to weights and weighers for warehousemen and wharf- ingers, and matters connected therewith. [Approved March 24, 1903. Stats. 1903, p. 387.] § 1. All persons now engaged in or who may hereafter engage in a general warehouse, wharfinger or storage business for the storage of grain or other commodities, which in the course of such business are weighed, shall, before they engage in such business, or within sixty days after the appointment of an inspector of weights as provided in section 4 of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so designated shall thereupon, and before they shall do any weighing for such business subscribe, before an officer authorized to administer oaths, the following oath, to wit: "(I or we) designated as (weigher or weighers) will correctly weigh all grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from the same, and in all cases render to the person bringing or receiving the same, as the ease may be, upon demand, a full, true and correct account of the weight thereof." § 2. All persons engaged in the business in the foregoing section men- tioned shall keep for and use in such business no other than true and correct scales and weights. Said designation and said oath shall thereupon and within the time aforesaid, be recorded in the office of the recorder of the county in which such business is to be or is being carried on. No person, excepting the person or persons thus designated and sub- scribing and recording such oath shall do any of the weighing of such business. § 3. Every person engaged in the business in said section 1 men- tioned, shall keep and use therein none but true weights, and scales; said weights must conform to the United States standard of weights. § 4. The board of supervisors of the respective counties of the state of California, hereby are authorized to appoint for their respective coun- ties an inspector of weights and measures, who shall hold office at the pleasure of said board and receive such compensation as each board may allow, and whose duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sec- tions mentioned, and report all violations of this act to the district attor- ney of such county, whose duty it shall be to prosecute all violations hereof. § 5. Every violation of this act shall be and is punishable as a mis- demeanor. § 6. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be en- Acts438S-4408 GENERAL LAWS. 1508 titU.ci to recover from the person owning or conducting such business as in the foregoing sections mentioned, in any court of competent juris- diction, three times the amount of such shortage in weight of the grain or other commodity so delivered or taken out by him. TITLE 562. WEST SIDE IRRIGATION DISTRICT. ACT 4388. Act creating. [Stats. 1875-76, p. 731.] Supplemented 1875-76, p. 885. Superseded by 1877-78, p. 468. Repealed as to Coutra Costa and Alameda counties, 1877-78, p. 887. TITLE 563. WHARFINGERS. ACT 4393. In relation to warehouse and wharfinger receipts, and other matters per- taining thereto. [Stats. 1877-78, p. 949.] Citations. Cal. 75/355; 108/140, 141; 111/380. Codified by §§ 1858-1858f of Civil Code. TITLE 564. WHARVES. The Political Code, §§ 2906 et seq., 2520 et seq. and 2567 et seq., seems to have superseded the old legislation on the subject of wharves. ACT 4398. Authorizing supervisors of counties to grant the right to construct wharves. [Stats. 1858, p. 120.] Amended 1869-70, p. 526; 1871-72, p. 903. Superseded by Political Code, 2906 et seq. » TITLE 565. WHEATLAND. ACT 4403. Incorporation of. [Stats. 1873-74, p. 351.] Amended 1875-76, p. 19; 1877-78, p. 441. Superseded by incorporating, in 1891, under Municipal Corporation Act of 18S3. TITLE 566. WHITTIER STATE SCHOOL. ACT 4408. To establish the Whittier Reform School for Juvenile Offenders. [Stats. 1889, p. 111.] Amended 1893, p. 328; 1905, p. 80; 1907, p. 3; 1909, p. 988. Citations. Cal. 93/639; 110/653; 117/536; 122/296, 297, 298, 299, 300- 301; 138/495. App. 3/740; 5/471, 472, 473. In full in Appendix to Penal Code, p. 868. 1509 WILMINGTON — WOMAN'S RELIEF CORPS. Acts 4409-4420 ACT 4409. To prevent evil-disposed persons from coming upon the grounds of. [Stats. 1895, p. 92.1 Codified by §§ 171a, 171b, 171c of Penal Code. ACT 4410. Eelating to the commitments to the state school at "Whittfer and to the Preston School of Industry, fixing the authority to examine and commit to such schools with the superior court judges of the counties, and fixing the responsibilities from which commitments are made to the state for the maintenance of the persons committed therefrom; providing the manner of payment therefor and fixing the responsi- bility of the parents to the counties from which their children are committed. [Stats,. 1895, p. 122,] Citations. Cal. 138/494, 495. In full in Appendix, Penal Code, p. 2134. ACT 4411. An act to authorize the board of trustees of the Whittier State School to contract for the care and keeping of girls committed to said school in charitable or benevolent institutions or with private persons, and to pay for their care while in such institution or with such persona. [Approved March 18, 1905. Stats. 1905, p. 226.] Former act: See Stats. 1903, p. 514. ACT 4412. An act to authorize the trustees of the Preston School of Industry and the Whittier State School to acquire property by gift, bequest or devise. [Approved March 6, 1909. Stats. 19u9, p. 149.] TITLE 567. WILMINGTON. ACT 4413. Incorporating town of. [Stats. 1871-72, p. 108.] Amended 1871-72, p. 446. Sections 8 and 16 repealed, 1887, pp. 108, 109. Citations. Cal. 151/652, 653. App. 7/386. TITLE 568. WOMAN'S RELIEF CORPS. ACT 4420. 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. [Approved April 1, 1897. Stats. 1897, p. 447.] Citations. App. 8/529, 530, 531, 532, 534, 536, 537. Codified by S§ 2210-2210g of Political Code. Acts 4421-4447 GENERAL LAWS. 1510 ACT 4421. Making an appropriation for the support of ex-army nurses and indigent widows, wives, mothers, and dependent daughters and sisters of Union veterans, who served honorably during the civil war, at the Woman's Relief Corps Home at Evergreen, Santa Clara County, Cali- fornia. [Approved March 8, 1907. Stata. 1907, p. 181.] Foimer act: See Stats. 1903, p. 514. TITLE 569. WOODBRIDGE. ACT 4426. Woodbridge, to prevent hogs and goats running at large in. [Stats. 1875-76, p. 180.] Repealed 1897, p. 198. TITLE 570. WOODLAND. ACT 4431. Eeincorporating. [Stats. 1873-74, p. 557.] Amended and supplemented 1875-76, p. 818. Amended 1877-78, pp. 84, 447. Superseded by incorporating, in 1890, under Municipal Corporation Act of 1883. TITLE 571. WRECKS. ACT 4436. Concerning water craft found adrift. [Stats. 1850, p. 156.] Superseded by Civil Code, §§ 1864-1872. ACT 4437. Concerning wrecks and wrecked property. [Stats. 1850, p. 173.] Superseded by Political Code, §§ 2403-2418. TITLE 572. TACHT CLUBS. ACT 4442. An act to authorize the incorporation of yacht clubs. [Stats. 1869-70, p. 7L] Repealed by § 288, Civil Code. TITLE 573. YOLO COUNTY. ACT 4447. Agriculture, protection of from trespassing animals. [Stats. 1873-74, p. 343.] Repsaled 1877-78, p. 362. 1511 YOLO COUNTY. Acts 4448-4459 ACT 4448. Trespassing of animals in. [Stats. 1877-78, p. 360.] Repealed by 1897, p. 98. See 1901, p. 607. ACT 4449. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-66, p. 451.] ACT 4450. To provide for the drainage of certain lands in the counties of Colusa and Yolo. [Stats. 1877-78, p. 1037.] ACT 4451. Regulating fees and salaries of officers of. [Stats. 1873-74, p. 420.] Amended 1875-76, pp. 170, 566; 1877-78, p. 637. Eepealed by County Gov- ernment Acts: See 1897, p. 533, § 181. ACT 4452. Legalizing acts of public administrator of. [Stats. 1860, p. 207.] ACT 4453. Public road along boundary line between Yolo and Colusa counties, es- tablishing. [Stats. 1873-74, p. 213.] ACT 4454. Eoads and highways in, [Stats. 1873-74, p. 490.] Repealed 1883, p. 5, c. X, 5 2. ACT 4455. Providing for the distribution of school moneys in. [Stats. 1877-78, p. 1003.] Repealed by Political Code, f 1858. ACT 4456. Supervisors, terms of office and time of meeting of. [Stats. 1873-74, p. 304.] Superseded by County Government Acts: See 1897, p. 452. ACT 4457. Authorizing supervisors to levy taxes for county purposes. [Stats. 1877-78, p. 843.] Superseded by subd. 12, § 25, 1897", p. 460. ACT 4458. Quieting title to certain lands in. [Stats. 1871-72, p. 803.] ACT 4459. Quieting title to certain lands in. [Stats. 1873-74, p. 492.] This act released the title of the state to the United States and its grantees. Acts 4460-4479 GENERAL LAWS. 1512 ACT 4460. Quieting title to certain lands in. [Stats. 1873-74, p. 818.] ACT 4461. Quieting title to land in. [Stats. 1877-78, p. 943.] By this act the state relinquished to one George Herget the title to a piece of land in Yolo County. TITLE 574. yOSEMITE VALLEY. ACT 4466. To provide for the management of the Yosemite Valley. [Stats. 1880, p. 44.] Amended 1885, p. 212. Repealed 1907, p. 268. ACT 4467. To appropriate money for the survey, location, and construction of a free wagon road from the town of Mariposa in Mariposa County, to the Yosemite Valley. [Approved March 26, 1895. Stats. 1895, p. 87.] Repealed 1905, p. 798. ACT 4468. Appropriation for the purchase of certain roads within the limits of. [Stats. 1889, p. 142.] This act appropriates money for the purchase of the "Big Oak Flat and Yosem- ite Turnpike Road" and the "Yosemite and Wawona Road." ACT 4469. To provide for certain improvements in. [Stats. 1901, p. 818.] This act made an appropriation for an electric and a pumping-plant. ACT 4470. An act to recede and regrant unto the United States of America, the "Yosemite Valley," and the land embracing the "Mariposa Big Tree Grove." [Approved March 3, 1905. Stats. 1905, p. 54.] TITLE 575. YEEKA. ACT 4474. Incorporating Yreka. [Stats. 1857, p. 229.] Amended 1860, p. 313. Superseded by incorporatiug, in 1888, under the stat- ute of 1883. TITLE 576. YUBA CITY. ACT 4479. To incorporate. [Stats. 1877-78, p. 783.] Repealed 1907, p. 113. 1513 TUBA COUNTY. Acts 4484-4494 TITLE 577. YUBA COUNTY. ACT 4484. Muiysville and Long Bar townships, act for protection of agriculture and to prevent the trespassing of animals upon private property. [Stats. 1875-76, p. 210.] Repealed 1897, p. 198. ACT 4485. Trespassing of animals. [Stats. 1877-78, p. 360.] Repealed by estray laws of 1897, p. 98, and 1901, p. 607. ACT 4486. Lawful fences in, [Stats. 1863, p. 357.] Repealed 1871-72, p. 700. ACT 4487. Defining a lawful and partition fence in. [Stats. 1871-72, p. 700.] ACT 4488. Salaries of officers. [Stats. 1873-74, p. 109.] Repealed by County Government Act, 1897, p. 553, § 194. Amended 1901, p. 777. ACT 4489. Fees and salaries of certain officers. [Stats. 1875-76, p. 522.] Repealed by County Government Acts: See 1897, p. 533, § 194. ACT 4490. Overflow, protection of lands from. [Stats. 1873-74, p. 223.] Amended 1877-78, p. 789. ACT 4491. Authorizing transcribing of records in. [Stats. 1856, p. 139.] ACT 4492. Providing for transcribing records in. [Stats. 1877-78, p. 212.] ACT 4493. Eoads and highways of. [Stats. 1871-72, p. 72.] Repealed 1873-74, p. 11. ACT 4494. Eoad overseers and road poll taxes. [Stats. 1877-78, p. 157.] Repealed by Political Code, §§ 2642, 2652, as amended 1891, pp. 474, 478. Acts 4495, 4496 GENERAL LAWS. 1514 ACT 4495. Separate judges for Yuba and Sutter counties, creation of, and providing for payment of salaries. [Stats. 1897, p. 48.] ACT 4496. An act to dissolve Protection District No. 2, of Yuba County, California, and providing for the liquidation and winding up of said dissolved district. [Approved March 21, 1907. Stats. 1907, p. 839.] INDEX. ("IS) li INDEX. A ABANDONMENT. Children, abandoned, care of, Act 1622. Children, of, punishment of, Act 1G22. Children, of, what constitutes, Act 2594. Children, of. See Orphan Asylums. IiTigation districts, abandonment of operations by, Act 1721. ABORTION. Advertising to procure, forbidden, Act 1. ACADEMIES. Issuing arms and accoutrements to. Acts 229, 230. Military, issuing arms to, Act 230. See Military Academy. ACCIDENT INSURANCE COMPANIES. Formation, regulation, powers and duties of. Act 1664. ACCORD AND SATISFACTION. Discharge of whole of debt on payment of part. Act 6. ACCOUNTS. Board of accountancy, annual report of, Act 11, subd. 7. Board of accountancy, appointment and qualification of members, Act 11, 5 1. Board of accountancy, appointments from whom made, Act 11, § 1. Board of accountancy, certificates, issuance, revocation and renewal of, Act 11, § 2. Board of accountancy, examinations of applicants. Act 11, § 2. Board of accountancy, expenses of, how met. Act 11, § 2. Board of accountancy, fees that may be charged by, Act 11, § 2. Board of accountancy, number of members, Act 11, § 1. Board of accountancy, oaths of members. Act 11, §1. Board of accountancy, office to be at San Francisco, Act 11, § 2. Board of accountancy, powers and duties of. Act 11, § 2. Board of accountancy, surplus of receipts, how used. Act 11, subd. 7. Board of accountancy, terms of office. Act 11, § 1. Board of accountancy, vacancies, how filled. Act 11, § 1. Board of accountancy, who may apply for examination and certificate. Act 11, § 3. Certified public accountant, who is, Act 11, § 3. Intoxicating liquors sold at retail, collection of accounts for prohibited, Act 1685. Misdemeanor, violation of act creating board of accountancy, Act 11, § 4. Money of account, Act 2282. ACCOUTREMENT. See Arms. ACKNOWLEDGMENTS. Defective acknowledgments validated. Acts 16-21. Manner of making. Act 903. N. M. Bonh»m, acknowledgments by legalized. Act 2394. Of de«d8 and instruments by prisoner, Act 2764. (1517) 1518 INDEX. ACTION IN EEM. See Establishment of Title. ACTIONS. Against state for bounties on coyote scalps authorized, Act 3792. Against state to quiet title to certain land authorized, Act 3793. See, also, Stat*. ADJUTANT GENEEAL. Additional clerks for revision of records of California volunteers, Act 520. ADMINISTRATORS. See Executors and Administrators; Public Administrators. ADOPTION. Illegitimate children, adoption of, Act 26. Minors, adoption of, Act 26. Managers of orphan asylums may consent to. Act 27. ADULT BLIND. Industrial Home of Mechanical Trades for, board of directors for. Act 1480. Industrial Home of Mechanical Trades for, establishment and management of, Act« 1479, 1480. ADULTERATION. Analyzing foods and drugs to prevent, Act 40. Analyzing minerals, mineral waters and other liquids to prevent. Act 40. Analyzing of mineral plants to prevent, Act 40. Analyzing waters, arugs and foods to prevent, Act 3799. Butter, fraud and deception in manufacture and sale of. Acts 32-34. Cheese, fraud and deception in manufacture and sale of, Acts 32-34. Older, sale of adulterated, prohibited. Act 43. Dairy products, adulteration in, prohibition of. Act 875. Dairy products, definition of adulteration. Act 875. Drugs, adulteration of, forbidden. Act 35. See Drugs. Food, adulteration of forbidden, Acts 35, 36. Honey, adulteration of prohibited, Act 38. Honey, sale of imitation or adulteration, Act 37. Intoxicating liquors, adulteration of, prevention of. Act 36. Intoxicating liquors, sale and disposal of adulterated, prohibited. Act 43. Manufacture, sale or transportation of adulterated, mislabeled or misbranded foods or liquors, prevention of, Act 29. Milk, adulteration, prevention and punishment of. Act 89. Milk and milk products, us« of chemicals or materials to prevent fermentation prohibited. Act 46. Olive oil, imitation, regulating sale of, Acts 41, 2568. Paints, oils, varnishes and pigments, prevention of adulteration of. Act 31. Quicksilver, pure, sale of secured to miners. Act 2218. Syi-up, sale of adulterated prohibited, Act 42. Wine, deception in manufacture and sale of, prevention of, Act 45. Wine, fraud in manufacture and sale of. Acts 43, 44. Wine, sale of adulterated, prohibited. Act 43. Wine, sophistification and adiulteration of, Acts 43, 44. ADULTERY. Punishment of. Act 49. ADVEBS3 POSSESSION. See Establishment of Title. I ADVEETISEMENTS. False advertisements regarding articles offered for sale, punishment of, Act 3083. AFFIDAVITS. County clerk to take affidavits of pension claimants without fee, Acts 829, 2641. AFFILIATED COLLEGES. Appropriations for buildings for, Acts 4254, 4255, AGED PERSONS. See Paupers. AGENCY. Advances made to agents intrusted with goods, Act 59. Employment agents, duties and liabilities of. Act 1036. AGISTERS. Lien on livestock kept, fed or pastured. Act 1947. AGNEWS INSANE ASYLUM. See Insane Asylums. AGRICULTURAL COLLEGE GRANT. Governor authorized to reconvey to United States part of, Act 2846. AGRICULTURE. See Horticulture; Viticulture. Agricultural districts, advances from state association, Act 68a, § 8. Agricultural districts, classification of. Acts 68, 68a. Agricultural districts, coun'ties, division of into, Acts 68, 68a. Agricultural districts, directors, on formation of new district. Act 68a, §§4, 5. Agricultural districts, division of state into. Acts 68, 68a. Agricultural districts, fair, appropriations of several districts may be used for. Act 68a, § 9. Agricultural districts, fair, districts may associate for purpose of holding, Aci' 68a, §9. Agricultural districts, fair, state aid to, Act 68a, § 9. Agricultural districts, formation of. Acts 68, 68a, 69, 70, Agricultural districts, management and control of, Act 70. Agricultural districts, name of association. Act 68a, § 7. Agricultural districts, number of. Act 68, 68a. Agricultural districts, officers of, act 68a, § 3. Agricultural districts, organization. Act 68a, § 6. Agricultural districts, reports to state association, Act 68a, § 10. Agricultural societies, appropriations for. Act 72. Agricultural societies, formation of, Act 66. Agricultural societies, powers and government of, Act 66. Assent of state to act of Congress applying proceeds of public land for col- lege. Act 634. Associations, annual report to state board of agriculture. Act 68a, § 10. Associations are state institutions, Act 68a, § 7. Associations, authorized to lease lands to cities or counties in which lands situated. Act 75. Associations, board, classification and terms, Act 68ia, §§4, 5. Associations, board, powers and duties of. Act 68a, § 7. Associations, board, president of, term of office, Act 68a, § 6. Associations, board, qualifications and organization of, Act 68a, §§4, 6. Associaltions, exhibitions, Act 68a, §§7, 8, 9. Associations, fairs. Act 68a, §§7, 8, 9, 1520 INDEX. AGRICULTURE. (Contintird.) Associations, fiscal year, Act 68a, § 6. Associations, formation of, Act 68a, § 2. Associations heretofore formed, continued in force, Act 68a, § 5. Associations, name of, Act 68a, § 7. Associations, new, governor to appoint district board. Act 68a, § 4. Associations, officers of, Act 68a, §§3, 6. Associations, oiYicers of, terms of office, Act 68a, §§5, 6. Associations, powers of, Act 68a, § 7. Buildings, erection and construction of, under control of state agricultural society, Act 63. Cereal crops, improvement of, act providing for, Act 62. Cereal crops, investigations and experiments as to under supervision of University of California, Act 62. Cereal crops, investigation and experiments concerning under direction of Univer- sity of California, Act 62. Cities and counties authorized to acquire lands for developing and encouraging products and exhibiting same. Act 2387. Cities or counties authorized to acquire property for exhibitions of agricultural products, Act 2387. Diseases, investigation of nature and means of control of. Act 1519. Encouragement of. Acts 71, 72. Fair grounds of state agricultural society, buildings for, Act 63. Fair grounds of state agricultural society, equipment of. Act 63. Fair grounds of state agricultural society, gambling prohibited on. Act 63. Fairs, state agricultural society authorized to and empowered to hold in Oakland, Act 2532. Fertilizers, sale of commercial fertilizers or materials used for manurial pui-poses, regulation of. Act 1157. Formation of corporations for direct promotion of, Act 290. Fruit trees, better protection of, Act 73. Gambling prohibited on grounds of state agricultural society, Act 63. Investigation of cereal crops under director of agricultural experiment station of University, Act 62. Investigation of tree and plant diseases and pests at University, Act 4258. Johnson grass, prevention of propagation of. Act 74. Pear blight and walnut blight, investigation into by University, Act 1511. Protection of. Act 4304. Protection of in particular counties. See particular title. Ramie. See Ramie Culture. Report to state board of equalization of agricultural resources of counties. Act 837, § 48. Sale of fertilizers and manurial materials, regulation of, Act 1157. Sorghum halepense or Johnson grass, prevention of progapation of. Act 74. State agricultural society authorized and empowered to hold fairs in Oakland, Act 2532. State agricultural society authorized to make certain improvements and repairs a^t State Agricultural Park, Act 67b. State agricultural society, directors authorized to erect new building at Agricul- tural Park, Act 67b. State agricultural society, exchange of property by. Act 64. State agricultural societies, incorporation of, Act 65. State agricultural society, management and control of. Act 67. State agricultural society, sale of property authorized, Act 64. INDEX. 1621- AGRICULTURE. (Continued.) State agricultural society, sale of property, commissioner, appointment and duties, Act 64. State agricultural society, sale of property, costs and expenses of, Act 64. State agricultural society, sale of property, deeds to state to be executed. Act 64. State agricultural society, sale of property, deed, title passing by. Act 64. State agricultural society, sale of property, defective title, indemnity to purchaser, Act 64. State agricultural society, sale of property, disposition of proceeds. Act 64. State agricultural society, sale of property, how conducted. Act 64. State agricultural society, sale of property, indemnifying purchasers at sale. Act 64. State agricultural society, sale of property, procedure. Act 64. State agricultural society, sale of property, proceeds, how applied. Act 64. Supcivisor.s to furnish secretary of state agricultural society with statistics, Act 837, § 66a. Tobacco culture, experimental work in by University of California, Act 4113. University, establishment of branch agricultural experiment gtations by, Act 4258. Vines, better protection of. Act 73. ALAMEDA CITY. Bay Avenue, Act 81. Broadway, Act 81. Buena Vista Avenue, Act 80. Clinton Avenue, Act 81. Incorporation of. Acts 83, 84. Park Street, Act 80. Pearl Street, Act 81. Railroad Avenue, Acts 80, 81. San Jose Avenue, Act 81. Santa Clara Avenue, Acts 80, 81. School department, funds for, Act 82. Streets in, opening, Act 79. Third Avenue, Act 80. Versailles Avenue, Act 81. ALAMEDA COUNTY. Actions against state to quiet title to certain lands in, authorized. Act 3796. Alameda City. See Alameda City. Assessor, abolition of oifice and creation of township assessors. Act 91. Assessor, no commissions for collections or compensation for military roll. Act 837, § 215. Attachments in, powers and duties of sheriflfs in relation to. Act 99. Berkeley horse railway company, resolution granting certain rights to, ratified, Act 108. Brooklyn, incorporation of. Act 425. Certain creek in declared navigable. Acts 4357, 4359. Classitication and population of, Act 837, §§ 10, 157. Constable, duties of. Act 92. County clerk, additional deputies. Act 93. County clerk, deputy, salary of. Act 90. County clerk, salary of. Act 90. County jailer, salary of. Act 100. Creeks in declared navigable, Acts 4359, 4360. Gen. LawB — 96 1522 INDEX. AliAMEDA COUNTY. (Continued.) District attorney, salary of, Act 90. Fees, regulation of, Act 106. Fireman, exemption of from poll tax, Act 4063. Fish, destruction of in prevented. Act 1323. Gophers in, destruction of. Acts 111, 186. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of, Act 1577. Jailers, salaries of, Act 100. Johnson's Creek, navigability of. Act 4360. Justice's court, executions from, Act 105. Licenses, collection of. Act 107. Matron for county jail. Act 837, § 214 V6. Oakland. See Oakland. Officers, deputies and assistants of and salaries of. Act 837, § 160. Officers, fees of, regulation of. Act 106. Officers of, and salaries, fees and allowances of, Act 837, § 160. Officers, salaries of. Acts 89, 90. Poll tax in, Act 97. Population of, Act 837, § 10. Recorder, deputy, salary of. Act 90. Recorder of, salary of, Act 90. Road and poll tax. Act 97. Road overseers, compensation of. Acts 97, 98. Road overseer of Brooklyn road district, salary of. Act 98. San Antonio Creek, drawbridge across authorized. Act 3098. San Antonio, estuary of, supervisors to have control of bridge across. Act 104. San Leandro Creek, navigability of. Act 4360. School moneys, transfer of to and from state treasury. Act 109. Sheriffs, compensation of, Act 100. Sheriffs, deputies, salaries of. Acta 100, 101. Sheriffs, powers and duties in relation to attachments in. Act 99. Squirrel nuisance, abatement of. Act 112. Squirrels in, destruction of. Acts 111, 186. Stallions prevented from running at large in. Act 1063. Superior judges, additional, for. Acts 94-96, 96a. Supervisors, compensation of, Act 102. Supervisors to establish receiving hospital in Oakland, Act 103. Thistle, propagation prevented in. Act 4104. Treasurer of, salary of. Act 90. Washington township, certain creek in declared navigable, Act 4359. ALAMEDA CREEK, Declared navigable, Act 117. Removal of obstructions in, Act 117. ALAMEDA, OAKLAND AND PIEDMONT RAILWAY. Certain privileges granted to. Act 2511. ALDERMEN. See Supervisors. ALIENS. Chinese, licenses not to issue to. Act 122. Chinese prohibited from fishing, Act 125. INDEX. 1523 ALIENS. (Continued.) Citizens only to be employed in public service, Act 2543. Fines imposed on immigrants unable to become citizens, Act 1588. Fishing prohibited by aliens incapable of becoming electors, Act 125. Indexing names of persons declaring intention or becoming citizens, Act 2434, Inheritance, property to be claimed within five years, Act 124. Inheritance, right of, Act 124. Licenses not to issue to aliens not eligible to become electors. Act 122. Miners' licenses from foreigners. Act 1936. Miner's license not to issue to aliens ineligible to become citizens, Act 1937. Names of persons declaring their intention to become citizens to be indexed, ." t 123. Naturalization, no fees to be charged. Act 837, § 227. Naturalization, prepayment of fees not necessary in, Act 837, S 222. Not to be given public employment, Act 127. Office, aliens not to be appointed to, Acts 126, 127, 2543. Prohibited from fishing in waters of this state. Act 1320. . ALMSHOUSES. See Paupers. Funds of pauper, refunding, Act 2631, § 8. Support a county charge, Act 837, § 223, subd. 7. Support, duty of kindred. Act 2631, §§6, 7. Support, inquiry into ability of inmate or relatives. Act 2631, 5 5. Support, property subsequently acquired chargeable with, Act 2631, § 6. Support, property subsequently acquired, duty of district attorney, Act 2631, §§ 6, 7. ALPINE COUNTY. Assessors to pay deputies in. Acts 255, 4062. Classification and population of. Act 837, §§ 10, 157. Fees and salaries of officers of. Act 132. Jurors in, grand and trial, tax for payment of fees of, Act 135. Officers of, and salaries, fees and allowances of. Act 837, § 214. Oflicers of, fees and salaries of. Act 132. Population of. Act 837, § 10. Sheriffs of, traveling fees of, Act 133. Stallions prevented from running at large in. Act 1063. Taxes, delinquent, extending time for selling property for, Act 136. Treasurer of, bond of. Act 134. Trespassing of animals in. Act 1071. ALTUEAS. Dorris bridge, name of changed to Alturas, Act 970. ALVISO CITY. Incorporation of. Act 141. AMADOB CITY. Hogs and goats running at large in, Act 146. AMADOR COUNTY. Animals of another, wounding in, punishment of. Act 1593. Assessors to pay deputies in. Acts 255, 4062. Classification and population of, Act 837, §§ 10, 157. Fencea in, Acts 1134, 1135. 1524 INDEX. AMADOR COTJNTT. (Continued.) Fences, division, in, Act 1138. Fences in, tearing down of, prevention of, Act 1593. Fiddletown, name of changed to Oleta, Act 1163. Fires, leaving of, punishment of. Act 1593. Goats, trespassing of on inclosed land prevented. Act 158, Hunting on inclosed private land, prevention of. Act 1593. Officers, deputies and assistants, and salaries, fees and allowances. Act 837, § 192. Officers of, salaries and compensation of, Act 151. Oleta, Fiddletown, name of changed to, Act 1163. Passing through inclosures and leaving them open, Act 1593. Payment by to Calaveras county of interest on indebtedness. Act 155. Plymouth, hoga and goats prevented from running at large in, Act 2718. Population of. Act 837, § 10. Revenue of. Act 153. Roads in, location, construction and maintenance of. Act 156. Roads, supervisors authorized to declare certain road a toll road. Act 157. Stallions prevented from running at large in. Act 1063. Supervisors, act relating to. Act 152. Sutter Creek, township 2, hogs running at large in, prevention of, Act 1065. Sutter Creek. See Sutter Creek. Tax, additional, supervisors authorized to levy, Act 154. Toll road, supervisors authorized to declare part of certain road a toll road, Act 157. AMENDMENTS. Articles of incorporation, of. Act 762. Charter, amendments to, election upon. Act 1014. To constitution, submission of, Act 705. AMEBICAN FLAG. Desecration of prohibited. Act 1193. AMERICAN FORK. Navigability of. Act 4358. AMERICAN RIVER. Fish commissioners authorized to remove obsti-uctions in. Act 1303. AMERICAN RIVER RECLAMATION DISTRICT. Creation, control and management of. Act 2939. AMERICAN WATER AND MINING COMPANY. Authorized to extend its works. Act 163. AMUSEMENTS. See Theaters. ANAHEIM. Incorporation of. Act 168. Incorporation of, legalizing. Act 169. ANALYST, STATE. See State Analyst. ANATOMY. Study of, act providing for. Act 174. Surrender of dead bodies for dissection, Act 937. Pitomotion of study of, Act 937. INDEX. ANGORA GOATS. See Goafs. ANIMALS. See Fish; Game. Assessment of migratory herds and distrilsution of taxes, Acts 4052, 4053. At large in particular county or town. See particular title. Boophilus annulatus tick, extermination of, Act 177. Bounties for destruction of wild animals, Acts 185, 189. Bounties on coyote scalps, Act 403. Bounties on coyote scalps, actions against state for authorized. Act 3792. Branding of calves in certain counties. Act 183. Bristle bur, tack bur, or other like device, use of prohibited, Act 872. Carrier pigeons. See Homing Pigeons. Cattle, hides of slaughtered cattle, preservation of. Acts 182, 183, 184. Cattle, hides of slaughtered, inspection of. Act 184. Combinations to obstruct sale of livestock, prevention of. Act 191. Contagious diseases, prevention of spread of amongst stock, Acts 178, 179, 180, 877. County livestock inspector, qualifications. Act 837, § 54. Coyote scalps, bounty on. Acts 403, 851. Cruelty to animals, prevention of. Acts 869-871. Cruelty to, use of bristle bur, tack bur or similar device prohibited, Act 872. Destruction of, power of supervisors, Act 837 § 25, subd. 26. Disease, burial or cremation of animal dying from, Act 178. Diseased, carrying of, when a misdemeanor, Act 178. Diseased, duty toward and punishment for violations of, Act 178. Diseases, contagious and infectious, prevention of amongst animals, Acts 178, 179, 180, 877. Dogs. See Dogs. Drugs or poisons, administering to, prevention of. Act 192. Estray animals, Acts 1060 et seq. Estrays, care required of taker up and liability of, Act 1060, §§ 2, 8. Estrays, demand by owner and tender of expenses, Act 1060, §§3, 4. Estrays, duty of person taking up. Act 1060, §§ 2, 8. Estrays, law relating to does not affect impounding laws in city. Act 1060, § 9, Estrays, lien for keeping. Act 1060, § 1. Estrays, may be taken up. Act 1060, § 1. Estrays, notice of taking up, duty of recorder as to, Act 1060. §2. Estrays, notice of taking up, fees of recorder for filing, Act 1060, §2. Estrays, notice of taking up, what to contain and filing with recorder. Act 1060, §2. Estrays, notifying owner of taking up of. Act 1060, 5 2. Estrays, owner not appearing or paying charges, proceedings. Act 1060, § 5. Estrays, repeal of acts relating to, Act 1060, § 10, Act 1073. Estrays, sale of and disposition of proceeds, Act 1060, §§ 5-7. Goats. See Goats. Goats, buck, running at large prevention of. Acts 1072, 1367. Gophers, destruction of, Acts 186, 188. Gophers in particular counties. See particular title. Hides of slaughtered cattle, inspection of, Act 184. Hides of slaughtered cattle, preservation of. Acts 182, 183, 184. Hogs prevented from running at large on townsites. Acts 1068, 1070. Homing pigeons. See Homing Pigeons. Horses, bristle bur, tack bur or other like device, use of prohibited. Act 872. Hunting on private grounds in certain counties, prevention of, Act 1577. Infectious diseases among, prevention of. Acts 179, 180, 877. 1526 INDEX. ANIMALS. (Continued.) Injurious to trees, vines and vegetables, prevention of introduction of into state, Act 1517. Insurance, life, health and accident insurance of livestock on assessment plan, Act 1672a. Jacks, limits for keeping of. Act 3749. Judges of the plains, act concerning and defining their duties, Act 1741. Liens of owners of bulls, stallions or jacks used for propagation. Act 1948. Lien on livestock kept, fed or pastured. Act 1947. Livestock inspectors are county officers. Act 837, § 55. Livestock inspectors, powers and duties of. Act 837, § 152%. Livestock inspectors, salaries of and how paid. Act 837, § 55*^. Livestock inspectors, when appointed. Act 837, § 55%. Migratory, assessment of. Act 4052. Ordinances to preserve health of, expenses of enforcement, payment of. Act 837, § 251/2. Ordinances to preserve health of stock, supervisors may adopt. Act 837, § 25%. Oysters. Se« Oysters. Particular animals. See, also, particular title. Poisons, administering to, prevention of. Act 192. Poultry. See Poultry. Pounds, maintenance and regulation of. Act 837, § 25, subd. 14. Propagation, liens of owners of animals used for. Act 1948. Quarantine against domestic animals from infected districts. Act 2910. Rats. See Rats. Records of slaughtered animals in certain counties, Act 183. Rodents. See Rats. Rodeos, regulation of, Acts 3027, 3028. Sale of cattle or livestock infested with boophilus annulatus tick, prevention of. Act 177. fiheep. See Sheep. Squirrels, destruction of. Acts 186, 187, 188. Squirrels in particular counties. See particular title. Stallions, limits for keeping of, Act 3749. Stallions running at large in Mono county, prevention of. Act 2293. See Stal- lions. State veterinarian, creation of office of. Act 180. See State Veterinarian. Tampering with, prevention of, Act 192. Tick, boophilus annulatus, extermination of. Act 177. Trespassing, in particular counties. See particular title. Trespassing of, action for damages, security for payment and procedure, Act 1059. Trespassing of animals upon private property, prevention of. Acts 1059, 1061 et Beq. Trespassing of, liability of owner, act 1059. Veterinarian, state. See State Veterinarian. Veterinary surgery. See Veterinary Surgery. Wild, destruction of. Acts 185, 188, 189. Wild, bounty for destruction, supervisors authorized to fix. Act 185. Wounding animals of another, punishment of. Act 1593. ANNUITIES. Annuity insurance companies, formation, regulation, powers and duties of. Act 1664. •Teachers' annuity and retirement fund. Act 3570. Teachers:' annuity and retirement fund; withdrawal of contributor, Act 3571, INDEX. 1627 ANNITLMENT. Protection district for nonuser, Act 2803. Reclamation district for nouuser, Act 2803. ANTIOCH. Boundaries of, Act 197. Incorporation of, Act 197. ANTONIO CREEK. Declared navigable, Act 202. ANTWERP MESSENGERS. See Homing Figeon«. APIARIES. See Be« Culture. APOTHECARIES. See Pharmacy. APPEALS. From orders relating to reclamation or swamp land districts, Act 2976. APPRENTICES. Act relative to apprentices and masters, Acts 212, 213. Binding minors as clerks or servants, Acts 212, 213. Children not to be apprenticed for immoral purposes, Act 1617. Orphan asylums, managers of authorized to bind children as, Act 214, APPROPRIATIONS. First-class cities, appropriation bills, Act 2348, § 61. For relief of sufferers by Tia Juana flood, Act 4109. ARBITRATION, STATE BOARD OF. Application for arbitration. Act 219, § 2. Appointment and qualification of members. Act 219, § 1. Appropriation for expenses of, Act 219, § 7. Chairman, Act 219, § 1. Compensation and expenses of, Act 219, § 6. Complaints and grievances and investigation of, Act 219, § 5. Contract against strike or lockout and proceedings on violation. Act 219, § 3. Decision, how long binding. Act 219, § 4. Decision, notice that party will not be bound by, Act 219, § 4. Decision, within what time to be rendered. Act 219, S 3. Duties, Act 219, § 2. Hearing and decision. Act 219, §§2, 3, 4. Hearing, notice of. Act 219, § 3. Number of members of. Act 219, { 1. Oaths of members. Act 219, § 1. Procedure and rules, Act 219, § 1. Proceedings where parties do not agree upon, Act 219, § 1. Qualifications of members. Act 219, § 1. Refusal to submit to, selection of new board, Act 219, S 1. Term of office, Act 219, § 1. Vacancies in, filling, Act 219, 5 1. ARBOR DAT. EsUblishment of, Act 348. 1528 INDEX. ABCATA. Incorporation of, Act 4209. Union, name changed to Areata, Act 4209. ARCHITECTURE. Certificate, cancellation of for nonpayment of license fee, Act 224, 9 7. Certificate, fees for recording, Act 2^4, § 4. Certificate, new, issuance of after revocation. Act 224, § 5. Certificate, practicing without penalty. Act 224, § 5. Certificate, revocation of. Act 224, §§4, 5. Certificate, temporary, issuing to nonresident architect. Act 224, § 5. Certificate to be recorded. Act 224, § 4. Certificate to practice, issuance of. Act 224, § 4. Certificrte without passing examination when granted, Act 224, § 4. District boards, time and place of meeting. Act 224, § 3. Examination, certificate granted without, when, Act 224, § 4. Examination, fees of applicant. Act 224, § 4. Examination of applicants, times and places of holding. Act 224, § 3, Examination, who entitled to take. Act 224, § 3. Fee, annual license fee of architect. Act 224, § 7. Fees for recording certificate, Act 224, § 4. Fees for temporary certificate issued to nonresident. Act 224, § 5. License fee, annual. Act 224, § 7. Nonresident architect, fee for temporary certificate. Act 224, § 5. Nonresident architect, issuing temporary certificate to. Act 224, § 5. Nonresident architect, right to employ, Act 224, § 5. Northern district. Act 224, § 1. Public buildings, bond of architects for contract. Act 2896, § 2. Seal of certificated architect, Act 224, § 5. Southern district. Act 224, § 1. State board, appointment of, Act 224, § 1. State board, compensation, members act without. Act 224, § 1. State board, exponses of, how paid. Act 224, § 1. State board, meetings and quorum. Act 224, § 3. State board, northern district. Act 224, § 1. State board, number of. Act 224, § 1. State board, oaths of members. Act 224, § 2. State board, officers of. Act 224, § 2. State board, officers of, appointment and term of office, Act 224, § 2. State board, organization and appointment of officers. Act 224, §§2, 8. State board, qualifications of members. Act 224, § 1. State board, records open to inspection. Act 224, §3. State board, rules and regulations, Act 224, § 3. State board, seal. Act 224, § 3. State board, secretary, duties of, Act 224, § 3. State board, southern district. Act 224, § 1. State board, terms of office, Act 224, §1. State board, vacancies, how filled. Act 224, § 1. ARCHIVES. Keeper of, appointment, duties and salary of. Acts 1779, 3585. AEMOBY. See National Guard. INDEX. 1529 ARMS. See Military Academy. Issuing to colleges and academies, Acts 229, 230, 2200. Sale of fire arms and ammunition to Indians forbidden. Act 1604. AEMY AND NAVY. See National Guard; Soldiers and Sailors; Veterans' Home; Woman's Relief Corps. Army nurses, home for, Act 3694. Jurisdiction over lands acquired for military purposes ceded to United States, Act 3S29. Relinquishment to United States of lands required for military or naval purposes, Act 4214. Soldiers, sailors and marines of war of rebellion preferred in public services, Act 2893. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. Unlawful wearing of badge of Grand Army of the Republic, prevention of, Act 1392. ARREST. Escape or rescue, liability of sheriCf, Act 837, §§ 95-97. Posse comitatus, supervisors authorized to pay expenses of, Act 3959. Relief of persons imprisoned on civil process, Act 235. ARROYO DEL MEDO. Declared navigable. Act 240. ARROYO DEL SAN ANTONIO. Declared navigable, Act 1798. ARTESIAN WELLS. Defined, Act 246. Flow from, prevention of. Act 246. Particular counties, in. See particular title. Regulation of use of. Acts 245, 246, 4356. Waste defined, Act 246. Waste from, penalty for. Acts 245, 246. Waste from, prevention of, Acts 245, 246, 4356. ART GALLERIES. Assumption of control by trustees. Act 4164. Cities or counties authorized to acquire lands for purpose of erection of, Alt 2387. Gifts and donations to, encouragement and protection of, Acts 4163, 4163. Relinquishment of rights in by founder or wife, Act 4164. Trusts for benefit of, creation of. Acts 4162, 4163. Trusts for benefit of, determination of validity authorized. Act 4165. ASEXUALIZATION. Provision for asexualization of certain persons. Act 247. ASSAULT. Assault upon certain federal and state officials, punishment of. Act 693. Caustic or corrosive liquids, assault with, punishment of, Act 250. 1530 INDEX. ASSEMBLY. Assembly districts, Acts 1905-1909. Election of assemblymen, Acts 1907-1909. ASSEMBLY HALL. Construction of by city, Act 2372. ASSESSMENT-EOLL. Restoration of, Act 3016a. ASSESSMENT INSURANCE. See Insurance. Livestock, life, health and accident insurance of on assessment plan, Act 1672a. ASSESSMENTS. See Irrigation Districts; Levee Districts; Streets; Taxation. Reclamation districts in, equalization of, Act 2972. Reclamation district No. 108, Yolo County, warrants and assessments to bear in- terest, Act 2956. Reclamation districts Sacramento County, delinquent assessments, collection of, Act 2968. See Reclamation Districts. Swamp land district. No. 118, Contra Costa County, assessment in. Act 2958. ASSESSOR. See Taxation. ASSIGNEES. Bond of, cost of chargeable against estate. Act 368. Bonds, deposit of money or assets with coi-poration and reduction of bonds. Acts 770, 1055. Corporation acting as, rights and duties of. Acts 770, 1055. Corporations as, and powers and duties of. Act 770. Corporations authorized to act as, Acts 770, 1055. Deposit of moneys or assets with corporation and reduction of bonds, Acts 770, 1055. ASSIGNMENTS. Assignee, bond of, chargeable against estate, Act 368. ASSIGNMENT OF CONTRACTS. Bonds, due-bills, etc., made assignable. Act 260. ASSOCIATIONS. See Unincorporated Associations; Water Users' Associations. ASYLUMS. See Deaf, Dumb and Blind Asylum; Orphan Asylums. Sheriff, compensation of, for carrying insane persons to, Act 3627. State hospital for miners. Act 2224. ATTACHMENT. Exemption of property of building and loan associations, Act 429. Exemption of property of building and loan association in liquidation, Act 429. Expenses for property seized on, or execution and how paid, Act 837, § 215. For disobedience of subpoenas, Act 2348, § 862, subd. 17. ATTORNEY AT LAW. Admission of to practice. Act 271. City attorney, assistants in cities and cities and counties over certain size, Act 599. Disbarment of, Act 271. INDEX. 1531 ATTORNEY AT LAW. (Continued.) Foreclosure, attorneys' fees and other charges in, aliolition of, Acts 1213, 2330. Foreclosure, attorneys' fees to be fixed by court, Acts 1213, 2330. For state board of health and board of health of San Francisco, Act 2831. Officers, certain, not to have law partner, Act 837, § 65. Officers, certain, not to practice law, Act 837, § 65. Police courts in cities of first class, qualifications of attorneys, Act 2348, § 243. Qualifications to practice before justices in cities of first class, Act 2348, § 227. ATTORNEY GENERAL. Appropriation to purchase law books. Act 264. Authorized to bid in property for benefit of state. Act 265. Commissions, payment of for collection of delinquent taxes legalized. Act 4046. Department of engineering, is adviser to. Act 3812, § 18. Duty of on violation of law against trusts. Act 4166, § 2. Duty where foreign corporation violates anti-trust law, Act 4166, § 3, Providing office of with law books. Act 266. State librarian to furnish with law books. Act 266. AUBURN. Trustees authorized to remove cemetery and to donate land for park, Act 276. AUDITORS. Accounts current with treasurer, to keep. Act 837, § 112. Acts of legalized, Act 2982. Bonds of. See Bonds. Cities of first class, audited, meaning of. Act 2348, § 92. Cities of first class, auditing of demands, Act 2348, §§ 91-94. Cities of first class, demands, effect of one-twelfth act, Act 2348, §§ 102-105. Cities of first class, demand of auditor, how audited. Act 2348, § 94. Cities of first class, demands, remedy on rejection of. Act 2348, §§ 99, 100. Cities of first class, deputies and clerks in and salaries of. Act 2348, § 26, subd. 3. Cities of first class, powers and duties of. Act 2348, § 121. Cities of first class, receipts, duty in relation to, Act 2348, § 98. Cities of first class, salary of, Act 2348, § 26, subd. 3. Cities of third class, salaries of clerk and auditor. Act 2348, § 506. Consolidation, separation and reconsolidation of auditor and recorder, Act 837, § 55. Consolidation, separation and reconsolidation of county clerk and auditor. Act 837, § 55. Consolidation, separation and reconsolidation of county clerk, auditor and recorder, Act 837, § 55. County officer, is. Act 837, § 55. Deputies and assistants in various counties and salaries of. See Counties; also particular title. Duties regarding persons indebted to county or holding moneys payable into treasury. Act 837, § 111. Duties required by law, must perform. Act 837, § 118. Estimates of revenue, furnishing to supervisors, Act 837, § 36. Joint statement with treasurer to supervisors, Act 837, § 117. Office hours, Act 837, § 61. Recorder and auditor, separation of in counties of fifth class. Act 837, § 162, subd. 17. Salaries and fees in various counties. See particular county. Settlements with county treasurer, Act 837, §§ 77, 79. 1533 INDEX, AUDITORS. (Continued.) Statement of fees to precede warrant for salary, Act 837, § 221. Statement of indebtedness and property, preparing for snpervisors, Act 837, § 50. Statements of to supervisors, Act 837, § 36. Swamp land funds paid into county treasuries, duties of auditor, controller and treasurers. Acts 1280, 3 920. Treasurer, duty to examine books of, Act 837, § 114. Treasurer, to charge with moneys deposited with, Act 837, § 112. Treasurer, to charge with moneys received. Act 837, § 69. Treasury, counting cash in, Act 837, §§ 87, 115, 116. Warrants, duties regarding. Act 837, §§ 109, 110, 113. AURORA. Mining corporations of Aurora, Nevada, authorized to change their places of busi ness to California, Act 2238. AUTOMOBILES. See Motor Vehicles. Act regulating operation of on public highways, Act 2331. Franchises for paths and roads for bicycles and horseless vehicles, Act 1464. B BAILMENTS. See Pawnbrokers; Warehouses. BAKING. Forbidden between 6 P. M. Saturday and 6 P. M. Sunday, Act 3951. BALL, ROBERT C. Authorized to sue state. Act 3788. BALLAST. Throwing overboard of ballast prevented. Act 4354. BANK COMMISSIONERS. Creation of board of. Acts 295, 296. Powers and duties of, Act 296. Repeal of act of 1903, relating to, Act 298. BANKRUPTCY AND INSOLVENCY. Insolvency law, Act 1654. Insolvent debtors, acts for relief of. Acts 281-283, 1654. Bank commissioners, creation of board of, Acts 295, 296. Bank commissioners, powers and duties of, Act 296. Bank commissioners. See Bank Commissioners. Banking, persons, associations or corporations prohibited from exercising privi- leges of. Act 2284. Business of, act of 1909 regulating. Act 297. Business of, definition of. Act 297. Certificates of deposit, action for after death, limitation on, Act 3876. Creation of paper to circulate as money. Act 2284. Deposit of city and county funds in, authorized, Act 1285. Deposit of city and county funds in, regulation of, Act 1285. Deposit of state moneys in banks, Acts 4133, 4134. INDEX. 153S: BANKS. (Continued.) Deposits, unclaimed, publishing statements as to, Acts 292, 293. Formation of banking corporations. Act 288. No limitations against banks and trust companies, Act 3877. Savings banks, collection of deposits by next of kin, Act 1052. Savings banks, deposits, unclaimed, publication of statements as to. Acts 292, 293. Savings banks, dissolution and winding up of and disposition of funds, Act 294.. Savings corporation, formation of. Acts 288—290. Statements of unclaimed deposits, publication of. Acts 292, 293. Statements, sworn, publication of, Acts 291-293. BARBERS. Regulation of the practice of barbering, Act 301. BASTARDS. See Legitimacy. BATHHOUSES. Precautions required of proprietors of for safety of public, Act 4369. BATTALION. See Naval Battalion. BEACONS. Mooring to buoys or beacons prevented, Act 4354. Protection of, Acts 432, 2445, 4354. BEAR VALLEY MUTUAL WATER COMPANY. Conveyance by trustees of Southern California State Hospital to, ratified. Act 1637b. UEE CULTURE. Inspectors of apiaries, supervisors, authorized to appoint, Acts 306, 307. Inspectors of apiaries, compensation, duties and powers of. Acts 306, 307. (San Bernardino County, regulation and protection of bee-keeping, Act 3115. Af.NEFIT SOCIETIES. Authorized to incorporate. Act 3005. Mutual benefit and relief associations, act relating to. Act 312. BENEVOLENT COBORATIONS. Formation of corporations for benevolent purposes. Acts 317, 318, 319. BENICIA. Assessor of, election of. Act 326. City marshal of, election of. Act 326. Government of. Act 327. Incorporation of under municipal corpo'ration bill, Act 327. Titles in, settlement of, Act 324. Treasurer of, election of, Act 326. Waterfront of city ceded to. Act 325. BERKELEY. Charters of. Acts 331, 332, and note. Incorporation of. Act 330. Justices' court for, creation of. Act 333. 1534 INDEX. BERKELEY HORSE RAILWAY COMPANY. Resolution of supervisors granting certain rights to, ratified, Act 108. BICYCLES. License on, using fees for construction of paths, Act 1942. Licensing of authorized, Acts 1942, 2345. Franchises for paths or roads for. Acts 1234, 1464. BID WELL, ANNIE E. K, Grant by of land in Butte County for park, governor authorized to accept, Act 2885. BIGLER. See Lake Bigler. BIG OAK FLAT ROAD. Appropriation to purchase, Act 1452. BIG OAK FLAT AND YO SEMITE TURNPIKE ROAD. Purchase of. Act 4468. BIG RIVER TOWNSHIP. Mendocino County, purchase and construction of free bridges in, Act 2167. BIG TREE GROVE, MARIPOSA, Management of, Act 339. Protection of, Act 1405. Protection of big trees in Fresno, Tulare and Kern counties, Act 338. Transfer to general fund of moneys for. Act 1287. BILL OF EXCEPTIONS. Destruction of, proceedings on. Act 435. BILLS AND NOTES. Act relating to bills of exchange and promissory notes. Act 344. BIRD DAY. Establishment of, Act 348. BIRDS. See Game. BIRTHS. Record of in cities of first class. Act 2348, §§ 183, 184. BLIND. See Adult Blind. BLIND ASYLUM. See Adult Blind; Deaf, Dumb and Blind Asylum. BLINDNESS. Regulation of medical practice so as to prevent blindness in infants, Act 2160. BLUE BOOK. Compilation, printing, binding, publishing and distribution of, Act 349. BLUE CRANES. Capture and destruction of prevented. Act 1316. B'NAI BRITH. Corporate powara conferred on order of. Act 354. INDEX. 168S BOARD OF ACCOUNTANCY. See Accounts. BOABD OF COMMISSIONERS. State, to issue bonds to pay funded indebtedness, creation of, Act 881. Particular commission. See particular title. BOARD OF EQUALIZATION. See Taxation. BOARD OF EXAMINERS. Appropriation for purchase and protection of forests, to control, Act 1217. Duties of regarding funds. Act 362. Exchange of commodities between public institutions, duties as to, Act 2845. Furnishing board, is, for state officers and legislators, Act 359. Investment of moneys of estates in state treasury in bonds, Act 1056. Moneys from school lands, authorized to invest in county bonds. Act 360. Old furniture and material, authorized to sell, Act 361. Supplies for state officers and legislators, to furnish, Act 359. BOARD OF FREEHOLDERS. Elections for. Act 367. BOARD OF HEALTH. See Public Health. BOARD OF MEDICAL EXAMINERS. Reproduction of register of. Act 438. BOABD OF PHARMACY. Reproduction of register of, Act 438. BOARD OF TRADE. Acknowledgments by validated. Act 19. Formation of, Act 568. BOLINAS BAY. Destruction of fish in prevented, Act 1324. BONDS. Assignability of, Act 260. Assembly hall, bonds for construction of, issuance. Act 2372. Assembly halls, bonds for, sale and payment. Act 2372. Board of examiners authorized to invest moneys from school lands In county bonds. Act 360. Bonded indebtedness, counties authorized to create. Acts 371, 373. Boulevards, for construction of. Act 1449. Central Pacific railroad bonds of 1864, transfer into general fund of moneys held for redemption of coupons of, Act 1290. Cities and counties, election on question of issuing bonds for expenses of year 1883, Act 383. Cities authorized to issue for purpose of investing proceeds in other bonds issued for public improvements. Act 388. Cities, issuance of by for protection from overflow by water. Act 2306. Cities of first class, bonds of ofiicers. Act 2348, § 24. Cities of first class, corporate debt, fund for payment of. Act 2348, § 90, subd. 2. Cities of second class, officers of, bonds of. Act 2348, § 302. Cities of second class, officers not to be sureties. Act 2348, § 304. Cities of second class, bonded indebtedness, how paid, Act 2348, § 331. 1536 INDEX. BONDS. (Continued.) Cities of third class, bonded indebtedness, taxes in case of, Act 2348, § 534. Cities of third class, bonds of officers of, Act 2348, § 504. Cities of fourth class, bonds of officers of. Act 2348, §§ 605, 607. Cities of fifth class, bonds of officers of, Act 2348, § 753. Cities of sixth class, bonds of officers of. Act 2348, § 853. Cities of si.\th class, taxes in case of. Act 2348, § 873. Cities other than first class, funding debts and issuing bonds, Act 882. City, compromise of bonded indebtedness by. Act 386. City, consent to judgment by city in favor of holders of bonds, Act 386. City, declaring all indebtedness due at once. Act 386. City, destruction of where unexecuted and unsold. Act 385. Civil bonds of 1857, transfer of moneys held for payment of coupons of, t«» of, Act 1524. Trusts for founding, endowment and maintenace of, Act 1524. HOTELS. Hotel or lodging-house keepers not to turn gas off at meters. Act 1343. Number of cubic feet for each person, Act 1966. Refusal of admission to because of race or color. Act 605. HOURS OF LABOR. Drug clerks. Act 2665. Infants, of, regulation of, Acts 1611, 1619, 1620. Limiting, Act 1533. Limit of on public works, Acts 1534, 1535, 1536. Members of police department in cities and counties. Acts 2728, 2729. Members of police department in cities of first class, Acts 2728, 2729, Members of police in cities of first and one-half class. Act 2729. Members of police in cities of second class. Act 2729. Penalties for violating statute relating to and enforcement of, Acts, 1534, 1535, 1536. Public works or service, limit of, on. Acts 1534, 1535, 1536. Smelting and reduction works, in. Act 2230. Stipulation in public contract as to. Acts 1534, 1535, 1536. Underground mines, in. Act 2230. HOUSE-BOATS. On streams or rivers, regulation of, Act 4368. HOUSE OF CORRECTION. Commitments to, Act 1540. In cities of first class. Act 2348, § 32. San Francisco, of. See San Francisco. 160« INDEX. HOUSE OF ILL-FAME. See House of Prostitution. HOUSE OF PROSTITUTION. See Prostitution. HUMBOLDT BAY. Certain tide lands granted to United States to improve harbor, Acts 1551, 1552. Crabs, preserve for in, creation and regulation of, Act 1340. Governor and attorney general authorized to purchase certain lands in for state, Act 1553. Obstructions of channels of, prevention of, Act 1550. Survey and data for report to legislature as to necessity of dredging, appropriation for. Act 1554. HUMBOLDT COUNTY. Animals of another, wounding in, punishment of, Act 1593. Assessor of, compensation of, Act 1571. Bounties for destruction of wild animals in, Act 189. Classification and population of, Act 837, §§ 10, 157. Clerk of, compensation of, Act 1558. Dependent poor and indigent sick of, relief and maintenance of, Act 1560. District attorney of, salary of, Act 1559. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Growing timber ou private grounds, destruction of prevented, Act 1577. Humboldt County and counties of Del Norte and Siskiyou, boundary line between, Acts 822, 909. Humboldt, Mendocino, Trinity and Klamath counties, boundaries between, Act 813. Hunting on private inclosed grounds in, prevention of. Acts 1577, 1593. Inclosures, passing through and leaving them open, Act 1593. Judge, additional, for. Act 1561. Jurors in courts of justice of the peace in, Act 1562. Justices of the peace, jurors in courts of, Act 1562, Klamath County annexed to. Act 1808. Logs, scaling of in. Act 1563. Notaries, additional, for. Acts 1564, 2500. OfTicers, deputies and assistants and salaries, fees and allowances of, Act 837, § 168. Officers in, compensation of. Act 1565. Population of. Act 837, § 10. Roads in, Acts 1566, 1567. Sheriff, compensation for services as jailer. Act 1568. State highway connecting road systems of Trinity, Tehama or Shasta counties with road system of Humboldt County, Act 1457c. Streams and sloughs in, certain declared navigable, Act 1572. Supervisors, number of, Act 1569. Thistle, propagation prevented in. Act 4104. Towns and villages on public land, disposal of lots in, Act 1570. Treasurer of, compensation of, Act 1571. Trespassing of animals in, Act 1071. HUNTING. Inclosed land, on, prevention of, Acts 1141, 1577, 1593. HUSBAND AND WIFE. See Married Women. Insanity of either spouse, alienation of homestead in case of, Act 1487 Rights of defined, Act 1582. INDEX. 1607 1 ICE. Regulations governing manufacture, storage, sale or transportation of, Act 2830. §§ 6-10. IDENTIFICATION. See Bureau of Criminal Identification. ILLEGITIMACY. See Legitimacy. ILL-FAME. See Prostitution. IMMIGRATION. Chinese, prevention of, Acts 588, 589, 590. Duties of masters of vessels in relation to passengers arriving. Act 1587. Fine, act imposing on immigrants unable to become citizens, Act 1588. Special tax by counties to encourage, authorized, Act 4041. IMPERIAL COUNTY. Agricultural and horticultural branch experimental station, establishment of in. Act 4262. Agricultural and horticultural problems and conditions in, investigation of by Uni- versity of California, Act 4262. IMPRISONMENT. Separation of children from adults. Act 1769. IMPROVED ORDER OF RED MEN. See Red Men. IMPROVEMENTS. Public buildings. See Public Works. Public lauds, on removal of, Act 2870. INCLOSURES. Hunting on inclosed lands, prevention of. Act 1593. Fences, tearing down to make passages, through iuclosures, prevention of, Acts 1140, 4144. Leaving open of inclosures, prevention of, Acts 1140, 1141, 1593, 4144. INDEBTEDNESS. See Public Debt. INDEPENDENT ORDER GOOD TEMPLARS. See Good Templars. INDEPENDENT ORDER OF ODD FELLOWS. See Odd Fellovrs. INDEX. Statutes, compiling, printing and distribution of index to. Acts 515, 1598. Statutes of California, superintendent of state printing authorized to prepare and print, Act* 515, 1598. INDIANS. Claims against state of soldiers serving in Indian wars. Act 1607. Firearms and ammunition, sales of to, forbidden. Act 1604. Government and protection of. Act 1603. Lands within Indian reservations granted to United States, Act 1605. Officers of Indian department, aiding in performance of their duties, Act 1608. 1608 INDEX. INDIGENTS. See Paupers. INDUSTRIAL HOME OF MECHANICAL TRADES FOB ADULT BLIND. Set Adult Blind. INDUSTRIAL SCHOOL. In cities of first class, Act 2348, § 33. Of San Francisco, Act 3237. INDUSTRY. See Preston School of Industry. INFANCY. See Guardian and Ward; Orphan Asylums. Abandoned and dependent children, trades and training school for. Ses California State Trades and Training Schools. Abandoned children, care of. Act 1622. Abandonment of children, punishment of, Act 1622. Adoption of children. Act 26. Apprentices. See Apprentices. Begging, infant not to be used for. Act 1616. Binding minors as clerks or servants, Act 213. Boards to investigate organizations receiving dependent or delinquent children, Act 1769. Care and custody of, act relating to. Act 1621. Child labor laws. Acts 1611, 1619, 1620. Cock-fight, infant under eighteen not permitted to attend. Acts 1610, 2782. Cock-fight, pennitting minor under eighteen to visit, a misdemeanor. Act 1610. Cruelty to children, incorporation of societies for prevention of. Act 1618. Delinquent children. See Juvenile Court. Dependent and delinquent children, control, protection and treatment of. Act 1769. Dependent children. See Juvenile Court. Employment of infants, proceedings where infant violates statute regulating, Act 3574a. Employment of infants, regulation of, Acts 1611, 1619, 1620. Feeble-minded children. See Feeble-minded Children. Female under seventeen not to be exhibited in public place, Act 1615. Hours of labor of minors, regulation of. Acts 1611, 1619, 1620. Hours of labor, proceedings where infant violates statute regulating. Act 3574a. Illiterate minors, employment of, prohibition of, Act 1611. Immoral purposes, children not to be apprenticed or sold for. Act 1617. Intoxicants, giving or delivering of to infants, prevention of, Acts 1614, 1689. Intoxicants, sale of to infants, prevention of. Acts 1612, 1613, 1614, 1688, 1689. Juvenile court. See Juvenile Court. Juvenile offenders. See Preston School of Industry; Whittier State School, Legitimacy. See Legitimacy. Orphan asylums. See Orphan Asylums. Orphan children, care of. Act 1622. Orphan children, trades and training school for. See Oalifomia State Trades and Training School. Prisoners, infant, to be separated from adults when confined in jails or prisons, Act 1769. Prize-fight, infant under eighteen not permitted to attend. Acts 1610, 2782. Prize-fight, infant under eighteen not permitted to visit. Act 1610. Prize-fight, permitting minor under eighteen to visit a misdemeanor. Act 1610. Probationary treatment of delinquent children, Act 1769. Regulation of medical practice to prevent blindness in infants. Act 2160. INDEX. 1C09 INFANCY. (Continued.) Saloon, infants prevented from entering, Acts 1614, 1616, 1689. Saloons, infants under sixteen prevented from enteri)ig. Act 1616. Society for prevention of cruelty to children, incorporation of, Act 1618. INFECTION. See Public Health. INHEEITANCE. Aliens, right of inheritance of, Act 124. Aliens, time within which estate to be claimed, Act 124. Collateral, tax on. Act 4040. Inheritance tax deputy, appointment and duties, Act 4034. Law governing. Act 92 7. Tax on inheritances. See Taxation. INHERITANCE TAX. See Taxation. Collateral inheritances, tax on, Act 4040. Deputy, controller authorized to appoint, Act 4034. Deputy, duties of. Act 4084. INJUNCTION. Removal from office for want of qualifying, enjoined when. Act 2.'5.52. Restraining orders, use of in disputes between master and servant limited, Act 692. Use of in disputes between master and servant limited, Act 692. INNS. Hotel or lodging-house, keepers not to turn gas off at meters, Act 1343. Number of cubic feet for each person. Act 1966. Refusal of admission to because of race or color, punishment of, Act 605. INQUESTS. Coroners' inquests in state prisons, costs of. Act 3859, In states prison, payment for. Act 750. INSANE ASYLUMS. Accommodations for patients, further provision for, Act 1638. Agnews, additional asylum for chronic insane at, Act 1627. Agnews State Asylum, appropriation for replacing and re-equipping buildings de- stroyed April 1906, Act 1626. Agnews State Asylum, erection of water towers and tanks on grounds of. Act 1628. Agnews State Asylum, managers authorized to convey certain realty to Western Distilleries, Act 1647. Care, custody of and apprehension of persons believed insane, Act 1643. Chronic insane, additional asylum for at Agnews, Act 1627. Discharge of patients in asylums, Act 1642. Liquors, prohibition of sale near Mendocino Insane Asylum, Act 1694. Management of, future regulation of. Act 1641. llendocinio State Asylum, name changed to Mendocino Asylum, Act, 1C30. Mendocino State Insane Asylum, establishment of at Ukiah, Act 1629. Mendocino State Insane Asylum, sale of liquor near prohibited. Act 1694. Napa State Asylum, management of, Act 1631. Napa State Asylum, sale of intoxicating liquor within certain distance of, prohib- ited, Act 1632. Napa State Asylum, water supply of. Act 1633. Overcrowding of asylums, prevention of. Act 1639. Sheriff, compensation and allowances of, for conveying patients, Act 837, § 215. 1610 INDEX. INSANE ASYLUMS. (Continued.) Southern California Railway Company granted right of way over asylum grounds in San Bernardino County, Act 2923. Southern California State Asylum, erection and management of. Act 1634. Southern California State Asylum managers authorized to sell strip of land. Act 1636. Southern California State Asylum, trustees authorized to convey certain water rights, Act 1637. Southern California State Hospital, conveyance by to Bear Valley Mutual Water Company ratified, Act 1637b. Southern California State Hospital, trustees authorized to convey certain land to San Bernardino Valley Traction Co., Act 1637a. State commission in lunacy, report by to state board of charities and correction, Act 573, § 4. State commission in lunacy, transfer of une.\pended appropriations of, Act 1643. State lunacy commission, establishment, powers and duties. Act 1643. Stockton, directors authorized to construct canal along North Street to San Joaquin River, Act 3904. Stockton Insane Asylum, water, light and fuel for. Act 1635. Superintendent to attend meetings of superintendents of asylums, Act 1640. Support of patients in asylums, Act 1642. Support of patients in asylums who are able to support themselves, Act 1642. Uniform government and management of, Act 1643. INSANE PERSONS. See Insane Asylums. Care, custody, and apprehension of persons believed to be insane, Act 1643. Commitment of insane persons to asylum. Act 1643. Compensation and allowances of sheriff for conveying. Act 837, § 215. Feeble-minded children. See Feebleminded Children. Homestead, alienation of in case of insanity of either spouse, Act 1487. Physician to inquire into sanity of convict, costs a state charge. Act 2070. Prisoners, insane, erection of buildings for, Acts 2769, 2770. Restoration to capacity, effect of order of judge or verdict of jury, Act 1644. Restoration to capacity of persons without guardians and not confined, Act 1644. Sheriff, compensation of for carrying patients to and from asylums. Acts 837, § 215; 3627. State hospital for insane convicts and insane persons charged with felony, Act 2776. INSECTICIDE. Paris green, fraud in sale of, prevention of, Act 2614. Paris green, regulation of sale of. Act 2614. INSECTS. Spreading of pests, prevention of, Acts 1516, 1649. INSOLVENCY. See Bankruptcy and Insolvency. Insolvency law. Act 1654. INSPECTOR. Fruits, inspector to enforce law requiring labels on, Acts 2101, 2102. Sheep. See Sheep. INSTITUTES. Farmers, holding by regents of University of California, Act 4253. Mechanics. See Mechanics' Institute. INDEX. 1611 INSURANCE. Accident insurance corporations on assessment plan, formation, regulation, powers and duties of, Act 1664. Annuity insurance companies, on assessment plan, formation, regulation, powers and duties of, Act 1664. Assessment plan, life, health, accident, and annuity or endowment insurance on. Act 1664. Capital (tock, increase of by insurance companies. Act 1660. Conditions for doing insurance business, Act 1661. County fire insurance companies, organization and management of. Act 1667. Endowment insurance companies on assessment plan, formation, regulation, pow- ers and duties of. Act 1664. Extension of time to file annual statement for 1905, Act 1671. Fire insurance companies, act relating to. Act 1666. Fire insurance companies, county, organization and management of. Act 1667. Fire insurance policy, standard form of. Act 1670. Firemen's relief fund, payment by foreign companies to. Acts 1177, 1668. Fireman's relief, health, and insurance fund, creation of, Act 1175. Fire patrol, establishment of by underwriters, Act 1188. Form, standard, of fire insurance policy. Act 1670. Harbor commissioners of San Francisco authorized to insure. Act 1431. Health insurance corporations on assessment plan, formation, regulation, powers and duties of, Act 1664. » Life, health, accident, and annuity or endowment insurance or assessment plan. Act 1664. Life insurance corporations on assessment plan, formation, regulations, powers and duties of. Act 1664. Life insurance policies, forfeiture of. Act 1663. Life insurance policies, oflScial valuation of. Act 1662. Livestock, life, health and accident insurance on. Act 1672a. Marine insurance corporations, act relating to. Act 1666. Mutual fire insurance companies, organization and management of. Act 1672. Mutual insurance companies, formation of. Acts 1659, 1665. Police relief, health, life insurance and pension fund, creation of. Act 2735. Prison directors authorized to insure jute or jute goods. Act 1766. State, noninsurance of property belonging to, Act 1669. INSURANCE COMMISSIONER. Extension of time to insurance companies to file annual statement for 1905, Act 1671. INSURANCE COMPANIES. See Insurance. INTEREST. Chattel mortgages, corporations loaning money on, regulation of. Act 758. Chattel mortgages, excessive rate, penalty for charging. Act 1673. Chattel mortgages, limit of rate of interest. Acts 758, 1673. Corporations organized to loan money, regulation of. Act 758. Limit on rate in loans on chattel mortgage. Acts 758, 1673. Limit on rate that can be charged. Act 758. Limit of rate that can be charged on loans on personal property. Act 2637. Purchaser of public land, redemption after forfeiture for nonpayment. Act 2872. Rate of, regulation of. Act 1674. Reclamation district No. 108, Tolo County, warrants and assessmenta to bear in- terest, Act 2956. 1612 INDEX. INTEREST. (Continued.) Sale of state lands, redemption where foreclosed for nonpayment of, Act 3835. State bonds held in trust for University and school funds, payment of interest on, Act 374. Swamp land districts 50 and 54, payment of interest on trustees' orders, Act 2rf ; Swamp land district No. 70, Sutter County, warrants to bear interest. Act 29''t INTERPRETERS. Cities of first class interpreters, appointment and salary. Act 2348, § 246. Grand jurors, interpreters before, Act 1679. Italian interpreter, appointment of in cities of 100,000, Act 1680. INTESTACY. Law governing descents and distribution. Act 927. INTOXICATING LIQUORS. Accounts for liquors sold at retail, collection of prohibited. Act 1685. Adulterated, sale or disposal of prohibited. Act 43. Adulteration of forbidden. Act 36. Election days, sale of intoxicating liquors on, prohibited. Acts 1016, 1690. Good Templars. See Good Templars. Home of inebriates in San Francisco, Act 3231. Infants, giving or delivering of to, prevention of. Acts 1614, 1688, 1689. Infants, prevention of from entering saloon, Acts 16l6, 1689. Infants, sale of to, prevention of. Acts 1612, 1613, 1614, 16S8, 1689. Licenses to sell in cities of first class, powers of police commissioners, Act 2343, § 140, subd. 4. License to sell, voters permitted to vote on question of granting. Act 1687. Manufacture, sale or transportation of, prevention of. Act 29. Mendocino State Insane Asylum, sale of liquor near prohibited, Act 1694. Officers, intoxication of. Act 2548. Prohibition of sale near Mendocino Insane Asylum, Act 1694. Prohibition of sale of within one mile of College City, Act 627. Retail, collection of accounts for liquors sold at, prohibited, Act 1685. Sale of in state capital prohibited. Acts 536, 1691. Sale of near construction camps prohibited, Act 1695. Sale of near Mendocino State Insane Asylum prohibited. Act 1694. Sale of to persons addicted to inordinate use of prohibited. Act 1686. Sale of within certain distance of Napa Insane Asylum prohibited. Act 1632. Saloons, minors prevented from visiting, Acts 1614, 1616, 1689. Soldiers' home, sale of in vicinity of, prevention of. Acts 1692, 1693, 3696. State capitol building, sale of intoxicating liquors in prohibited. Acts 536, 1691. University of California, not to be sold within two miles of, Act 4253. Wine, fraud in manufacture and sale of. Acts 43, 44. Wine, sophistication and adulteration of. Acts 43, 44. INVENTORY. State and county property inventory and record of, Act 1697. INYO COUNTY. Animals, prevention of trespasses by. Act 1704. Assessor of, compensation of. Act 1702. Classification and population of. Act 837, §§ 10, 157. District attorney, fees of in, Act 945. Expenses of government of, payment of, Act 1703. INDEX. 1613 INYO COUNTY. (Continued.) Growing crops in, protection of, Act 1704. Inyo and Mono counties, boundnry line between. Act 812. Notaries, additional in, Act 1705. Officers of and salaries, fees and allowances of, Act 837, § 210. Officers of, salaries of. Act 1706. Population of. Act 837, § 10. Roads in, improvement of. Act 1707. School moneys in, distribution of, Act 1708. Sheriffs of, traveling fees of. Act 1710, Teachers in, employment of, Act 1709. Treasurer of, salary of, Act 1711. lONE. Railroad from to Jackson or Sutter Creek, Act 2922. IRRIGATION. Act of 1871-72, to promote, Act 1716. Assessments, payment for in two installments, provision for, Act 1732. Contracts between owners of water and consumers of water for irrigation, act re- lating to, Act 1730. Contracts between owners of water and consumers of water for irrigation, validity. Act 1730. Districts, abandonment of operations by. Act 1721. Districts, acquisition and distribution of water. Acts 1717, 1718, 1719, 1726. Districts, assessments, provision for payment of in two installments. Act 1732. Districts, bonded indebtedness, reduction of. Act 1722. Districts, bonds, examination, approval and confirmation of proceedings for issue and sale of. Act 1720. Districts, bonds, funding, a lien. Act 1727, § 18. Districts, bonds, funding, exchange of. Act 1727. Districts, bonds, funding, issuance of. Act 1727. Districts, bonds, funding, payment of, Act 1727. Districts, bonds, funding, proceedings to test validity. Act 1727. Districts, bonds, funding, sale of, Act 1727. Districts, bonds, funding, unused, cancellation of, Act 1727, § 17. Districts, boundaries, change of, Act 1719. Districts, destruction of bonds remaining unsold, Act 1723. Districts, disorganization of division of districts into classes for purpose of, Act 1721. Districts, disorganization of upon payment of debts. Act 1721. Districts, dissolution of, discharge of debts and distribution of property. Act 1731. Districts, examination, approval and confirmation of proceedings, Act 1720. Districts, exclusion of lands from. Act 1718. Districts, government of. Act 1717. Districts, inclusion of other lands in. Act 1719. Districts, funding bonds, sale of. Act 1727. Districts, lease or disposition of water by for generation of power for mechanical purposes, Act 1729. Districts, organization of, Acts 1717, 1718, 1719, 1720, 1726. Districts, redemption of property sold to for delinquent assessments. Act 1723. Drainage by irrigation districts, provision for. Act 988, Modesto irrigation district, creation of, Act 1724. Particular county, in. See particular title. 1614 INDEX. IRRIGATION. (Continued.) Providing system of, Act 3811. Rates of water furnished for irrigation, Act 1730, 5 2. Superintendent of in cities of fourth class, Act 2348, § 601. West Side irrigation district, creation of, Acts 1725, 4388. Irrigation districts under act of 1897. Assessments, actions to determine validity, Act 1726, §§ 68-71. Assessments, equalization of, Act 1726, §38. Assessments for completion of works. Act 1726, § 34. Assessments, rate of, how ascertained, Act 1726, § 60. Assessments, special. Act 1726, §§ 59, 60. Assessor, duties of, Act 1726, §§ 35-37. Bonded indebtedness, reduction of. Act 1726, §§ 98-99 V^. Bonds, actions to determine validity. Act 1726, §§ 68-71. Bonds, destruction of unsold. Act 1726, § 106. Bonds, issuance of. Act 1726, §§ 30-32. Bonds, redemption of and payment of interest, Act 1726, § 52. Construction of works, expenses and payment, Act 1726, §§ 53-56. Directors, compensation, and expenses. Act 1726, § 57, Directors, duties and powers of. Act 1726, §§ 13-16. Directors, not to be interested in contracts, Act 1726, § 58. Directors, number of, Act 1726, § 28. Directors, organization and officers. Act 1726, §§ 13, 20. Directors, qualifications of. Act 1726, § 26. Districts, acquisition and construction of works, Act 1726. Division of, Act 1726, § 5. Effect of as repealing act. Act 1726, § 110. Effect of on districts organized prior. Act 1726, § 109. Election on organization. Act 1726, §§ 6-12. Election for assessments, Act 1726, § 34. Election for bonds, Act 1726, § 30. Election for destruction of unsold bonds, Act 1726, §§ 106—108. Election for special assessments. Act 1726, § 59. Elections, general in. Act 1726, §§ 19-28. Election to reduce bonded indebtedness. Act 1726, § 99. Exclusion of lands. Act 1726, §§ 74-84. Funds, creation of, Act 1726, § 67. Inclusion of lands. Act 1726, §§ 85-97. Indebtedness, incurring. Act 1726, § 61. Officers of. Act 1726, §§7, 19. Officers of, oaths and bonds. Act 1726, § 19. Officers of, terms of office. Act 1726, § 19. Officers, penalty, for violation of duty. Act 1726, § 73. Officers, salaries of, Act 1726, § 57. Officers, vacancies, filling of and term of appointee. Act 1726, § 25. Offices, consolidation of. Act 1726, § 27. Organization of, Act 1726, §§ 1-5. Taxation, property exempt from, Act 1726, § 66. Taxes, delinquent, publication of delinquent notice. Act 1726, § 42. Taxes, delinquent, sale for. Act 1726, §§ 43-46. Taxes, delinquent, sale for, deed, Act 1726, §§ 47-50. Taxes, delinquent, redemption of property sold for, Act 1726, §§ 47-51. Taxes, delinquent when, Act 1726, { 41. INDEX. 1«15 IRRIGATION. (Contimied.) Taxes, levy and collection of, Act 1726, §§ 39-41. Title to property, Act 1726, § 29. Tolls, charging. Act 1726, § 55. Water, governing use of, Act 1726, §§ 62-65. Water, lease of, Act 1726, §§ 100-105. Water regulations. Act 1726, §§ 17, 18. Water, right to exercise eminent domain, Act 1726, § 65. Water, use of navigation or vested rights not atTected, Act 1726, § 64. Works, construction of, expenses and ^payment, Act 1726, §§53-56. ISLAIS CREEK. Jurisdiction of Islais Creek given to Harbor Commissioners, Act 3242. San Francisco, declared navigable. Act 3242. ITALIAN INTERPRETER. Appoiutuient of in cities of 100,000, Act 1680. J JACKS. Lieu of owner of, where used for propagation, Act 1948. Limits for keeping of unless inclosed from view. Act 3749. JACKSON. Railroad from lone to Sutter Creek or Jackson, Act 2922. JAILS. See Prisons. Consolidated cities and counties of over 100,000 authorized to make alterations in. Act 3284. County jail. See particular county. Infant prisoners to be separated from adults. Act 1769. Matron, compensation of. Act 2775, § 3. Matron, creation of office of in certain cites. Act 2775. Matron, duties and powers of. Act 2775. Matron, not to be hindered in discharge of duty, Act 2775, § 4. Matron of in certain counties, appointment, term of office, duties, compensation, etc.. Act 837, § 2141/2 ; 2775. Matron, searching of female prisoners. Act 2775, § 4. Parole of prisoners. See Parole Commissioners. Prisoners, allowance to sheriflf for boarding, Act 837, § 214'^. Separation of children from adults. Act 1769. Supervisors, powers and duties of, Act 837, § 25, subd. 8. Support of prisoners a county charge, Act 837, § 228, subd. 8. JAPANESE. Chinese or Japanese women, importation of for immoral purposes, prevented, Art 2797. Kidnaping and importation of females for immoral purposes. Act 592. Records of statistics and information concerning, keeping of. Act 1734. Statistics and information regarding, gathering, compiling, printing and distrib- ution of. Acts 1733, 1734. iEWISH ORDER OF KESHER SKEL BARSEL. Corporate powers conferred on. Act 1736, JOHNSON GRASS. Propagation of, prevention of, Act 74. JOHNSON'S CREEK, Navigability of, Act 4360, JOINT. Sewers, construction and maintenance of by cities, Act 2389. JOINT OWNERSHIP. Water supply, ownership by cities. Act 2362. JOINT TENANT. See Cotenancy. Suits, may bring or defend. Act 788. JUDGES, Mayor not required to act as justice or judge in cities over 10,000, Act 2145. Not to order production of original papers, Act 2348, § 125. Of United States court, assault upon, punishment of. Act 693. Of United States court, conspiracy to commit any crime against, punishment of, Act 693. Particular county. See particular title. Superior court. See Superior Court; Superior Judges. Supreme court commission. See Supreme Court Commission. Supreme. See Supreme Court. JUDGES OF THE PLAINS. Act relating to, Act 1741. JUDICIAL NOTICE. Cities of fifth class, of organization and existence of. Act 2348, § 765. Municipal corporation, of existence of. Act 2348, § 3. Ordinances of cities of fifth class, of. Act 2348, § 765. JUDGMENTS. Act to better enable collection of judgments in favor of state, Act 265, Attorney general authorized to bid in property. Act 265. Payment of judgments against cities and counties of certain sizes. Acts 800, 1747. Payment of judgments against counties, cities, and cities and counties, Act 1746. JUNIPERO SERA. Landing place of at Monterey, gift of to state, Act 2298, JURISDICTION. Ceded to United States over lands ceded to, Acts 3784 3830. Pees of jurors, serving since 1895, and not paid, payment of. Act 1124. Justices' courts. See Justices' Courts. Justices of the peace in cities and towns, of. Act 1757, Lands ceded to federal government, jurisdiction of state over, Act 1956. Lands near Lime Point, over, ceded to United States, Act 4215. Over certain lands ceded by state to United States, Act 3784. Over lands acquired for military purposes ceded to the United States, Act 8829 . Over lands given to United States, ceded to. Acts 3784, 3830. Police courts. See Police Courts. JURORS. Fees, counties of fifth class. Act 837, 5 162, subd. 18, JUEORS. (ContiTnied.) Fees, counties of seventh class, Act 837, § 164, subd. 16. Fees, counties of nineteenth class, Act 837, § 176, subd. 17. Fees, counties of twenty-eighth class, Act 837, § 185, subd. 16. Fees, counties of thirty-third class. Act 837, § 190, subds. 15, 16. Fees of generally. Acts 1119, 1123. Fees of in counties of thirty-fourth class, Act 837, § 191, subd. 18. Fees of in counties of forty-ninth class, Act 837, §206, subd. 16. Fees of, in San Francisco, Acts 3217, 3346. Fees of jurors and witnesses a county charge, Act 837, § 228, subd. 4. Particular county, in. See particular title. Payment of fees of jurors who have served as such under act of 1895, Acts 1124, 1752. JUSTICE, JOHN D., Application of to purchase state land validated, Act 2870. JUSTICES. Of supreme court. See Supreme Court. Of United States court, assault upon, punishment of. Act 693. Of United States court, conspiracy to commit any crime against, punishment of, Act 693. JUSTICES' COURT. See Justices of the Peace. Cities of the first class, provisions relating to. Act 2348, § 213-228. In counties of various classes. See Counties. Particular county, in. See particular title. JUSTICES OF THE PEACE. Bond of. Act 837, § 66. Cities of the first class, clerks and deputies, salaries of, Act 2348, § 26, subd. 18. Cities of the first class, provisions relating to. Act 2348, § 26, Bubd. 17; §§ 213- 228, 241. Cities of first class, salaries of. Act 2348, § 26, subd. 17. Cities of fourth class, powers of. Act 2348, § 700. City court, business of, transferred to. Act 2145. City court, to finish business of. Act 2145. City, fees of in criminal action not a county charge. Act 1125. Clerk employed by justices of certain cities, salary of and payment of, Act 1759. Clerk, employment of by justices of certain cities, Act 1759. Clerk of, salaries of in various counties. See Counties. Compensation of in cities and towns. Act 1757. Coroner, to perform duties of when, Act 837, § 146. Counties of the tenth class, ascertaining population of townships for purpose of ascertaining salary. Act 1758. Counties of the tenth class, salary, amount of and manner of payment, Act 1758. Division of counties into townships for election oi. Act 837, § 56. Duties of enumerated. Act 837, § 155. Election of, time of. Act 837, § 58. Expenses of in criminal proceedings ft county charge. Act 837, § 228, subd. 6. Fees of justices and constables, poster of. Act 837, § 224. Jurisdiction of in cities and towns, Act 1757. Mayor not required to act as justice or judge in cities over 10,000, Act 2145. Number of. Act 837, § 56. Oaths, may administer. Act 837, S 63. Gen. Laws — 102 1618 INDEX. JUSTICES OF THE PEACE. (Continued.) Particular city, in. See particular title. Particular county, in. See particular title. Salaries and fees of in various classes of counties. See Counties. Township officers, are, Act 837, § 56. JUSTIFICATION. Sheriff, of, under process or orders, Act 837, § 100. JUTE. Permanent fund for purchase of, appropriation for, Act 1767. Prison directors authorized to insure jute and jute goods, Act 1766. JUTE GOODS. Fund for purchase of to be manufactured at state prison, Act 1763. Price and condition of sales of jute bags, Act 1765. Prices and conditions of sale of. Acts 1764, 1768. JUVENILE COURT. Boards to investigate organizations receiving children. Act 1769. Creation, powers and duties of. Acts 1769, 1770. Dependent and delinquent children, commitment to and release from Whittier State School and Preston State School, Act 1770. Dependent and delinquent children, control, protection and treatment of. Act 1769. Dependent and delinquent minors, care, custody and maintenance of. Act 1770. Detention home for dependent and delinquent children, Act 1770. Jurisdiction of superior court over offenses against juvenile court law, Act 1770. Probationary treatment of juvenile delinquents. Acts 1769, 1770. Probation committee, establishment of, Act 1770. Probation officers, number of, appointment, powers, duties and salaries of. Acts 1769, 1770. Proceedings in when evidence. Acts 1769, 1770. Punishment of persons responsible for dependency or delinquency of children. Act 1770. Separation of children from adults when confined in jails or other institutions, Act 1769. JUVENILE OFFENDEES. See Juvenile Court; Preston School of Industry; Whit- tier State School. KAWEAH EIVER. Board of commissioners for, ^ct 1774. KEEPER OF THE ARCHIVES. Appointment, duties and salary of, Acts 1779, 8585, KERN COUNTY. Assessor, salary and bond of, Act 1784. Auditor and recorder, separation of offices of. Act 1786. Auditor, salary of. Act 1786. Big trees in, protection of, Act 338. Bonds to pay indebtedness, issuance of, Act 1785. Classification and population of, Act 837, §§ 10, 157. INDEX. 1619 ^iRN COUNTT. (Continued.) Funds of, transfer of, Act 1787. Judge, additional, for Act 1790. Officers, deputies and assistants of, and salaries, fees and allowances of, Act 837, § 183. Population of, Act 837, § 10. Recorder and auditor, separation of offices of, Act 1786. Recorder, salary of, Act 1786. San Luis Obispo and Kern counties, locating boundary line between, Act 818. Sheriff of, traveling fees of, Acts 1788, 1789. Squirrels, destruction of, Act 187. Swamp and overflowed lands in, determining rights in certain, Act 4023. Tax collector, bond of. Act 1791. Treasurer of, salary of. Act 1792. Water ditches and water privileges in, Act 1793. KESHEB SHEIi BARSEL. Jewish order of, corporate powers conferred on, Act 1736. KETES CREEK. Declared navigable. Acts 1798, 3097. KINGSBURY SCHOOL DISTRICT. Kings River Switch school district, portion of attached to, Fresno County, Act 8548. KINGS COUNTT. Boundaries of. Act 1803. Boundary between and Fresno, location of. Acts 823, 824. Classification and population of, Act 837, §§ 10, 157. Classification of, Act 1803. County seat, Act 1803. Creation of, Act 1803. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 194. Officers, election of, Act 1803. Organization of, Act 1803. Population of. Act 837, ! 10. KINGS RIVER. Destruction of fish in prevented. Act 1328. KINGS RIVER CANYON. Highway from General Grant Park to. Act 1450. KINGS RIVER SWITCH SCHOOL DISTRICT. Portion of attached to Kingsbury school district, Fresno County, Act 3548. KLAMATH COUNTY. Annexed to Humboldt and Siskiyou, Act 1808. Fences in, Acts 1134, 1135. Humboldt, Mendocino, Trinity and Klamath counties, boundaries between, Act 813. Thistle, propagation prevented in. Act 4104. 1620 INDEX. KLAMATH RIVER, Navigability of, Act 1813. KNIGHTS LANDING. Hogs and goats prevented from running at large in, Act 1818. Bailroad from Marysville to. Act 2919. L LABELS. Drugs, prevention of manufacture, sale or transportation of misbranded or mis- labeled drugs, Acts 29, 30. Fruits, inspector to enforce law requiring labels on. Acts 2101, 2103. Fruits, marketing or branding of boxes, barrels, etc., containing. Acts 2101, 2102. Furniture stuffed with secondhand material to be stamped and labeled, Act 2062. Marks and brands, act relating to, Act 2099. Mislabeled foods, or liquors, manufacture, sale or transportation of, prevention of. Acts 29, 30. Stamping and labeling produce and manufactured goods, fraud in. Act 2100. LABOB. See Master and Servant. Anti-trust law, labor not a commodity within meaning of. Act 4166, § 13. Bureau of labor statistics. Act 1828. Hours of labor of memhers of police department in cities and counties. Acts 2728, 2729. Hours of service of members of police department in cities of first class. Acts 2728, 2729. Hours of labor of police in cities of first and one-half class. Act 2729. Hours of labor of police in cities of second class, Act 2729. Hours of. See Hours of Labor. LABOR BUREAU. Commissioner, duty of to enforce educational rights of children. Act 1611a. Commissioner of statistics, county officers to furnish information to of mar- riages, divorces and crimes. Act 1827. Commissioner of statistics, statistics of deaths, divorces and crimes. Act 1827. Establishment and support of. Act 1828. Labor commissioner to gather and distribute statistics concerning Japanese, Acts 1733, 1734. LABORERS. See Master and Servant. Loggers and, in logging camps, liens of. Act 1951. Materialmen, mechanics, or laborers, on public works, liens of. Act 1950. Retaining part of wages of laborers on public works a felony, Act 2594. Wages of ft preferred claim. Act 1823. Wages of, on threshing machines, liens of, Act 1949, LABOR STATISTICS. Child labor law, enforcement of by commissioner of. Act 1611. LABOR UNIONS. Button of labor union, unlawfully wearing, prevention of. Act 1830. Union card, unlawfully using, prevention of, Act 1831. INDEX, 1621 LAEOKATOEY. See State Laboratory. LADIES' RELIEF SOCIETY. Oakland, common council authorized to pay police court fines to, Act 2514. LAKE. Sale of lands uncovered by recession of, Act 4031. LAKE BIGLER. See Lake Tahoe. Name of legalized, Act 1833. Preservation of fish in, Act 1327. LAKE COUNTY. Bonds to pay judgment against, issuance of authorized, Act 1838. Boundary between and Colusa County, location of. Act 825. Boundary between and Glenn County, location of. Act 825. Boundary between and Mendocino County, location of, Act 825. Bounties for destruction of wild animals in, Act 189. Classification and population of, Act 837, §§ 10, 157. District attorney of, salary of, Act 1839. Fees of officers in. Act 1841. Funds in, transfer and loan of certain, Act 1840. Goats, prevented from being herded in. Act 1844. Goats prevented from running at large in certain parts of. Act 1844. Highways in, Act 1842- Lake and Yolo counties boundary line between. Act 820. Lakeport, hogs prevented from running at large in, Act 1855. Northern boundary line of. Act 817. Officers, deputies and assistants, and salaries, fees and allowances of. Act 837, § 202. Officers of, fees and salaries of. Act 1841. Population of. Act 837, § 10. Roads in. Act 1842. Sheep prevented from running at large in certain parts of. Acts 1843, 1844. Sheep, restricting the herding of, Acts 1843, 1844, 3617. Squirrels in, special tax for purposes of exterminating, Act 1845. LAKE EARL. Drainage of, provision for. Act 1851. Navigability, Act 1850. LAKE MERRITT. Destruction of fish and game in prevented. Act 1317. LAKEPORT. Hogs prevented from running at large in, Act 1855. LAKES. Clear Lake, cession to United States government. Act 1858. Clear Lake declared navigable. Act 607. Goose Lake, cession to United States government, Act 1858. Irrigation, cession of certain lakes to federal government for, Act 1858. Land uncovered by recession, cession of to federal government. Act 1858. Lower or Little Klamath Lake, cession of to United States government. Act 1858. Reclamation, cession of certain lakes to federal government for, Act 1858. 1622 INDEX. LAKES. (Continued.) Sale of lands uncovered by recession of, Acts 2857, 4031. Sale of lands uncovered by recession or drainage of lakes. Acts 2857, 4031. Tule or Rhett Lake, cession to United States government, Act 1858. LAKE TAHOE. See Lake Bigler. Construction of permanent bridge work on Lake Tahoe wagon road, Act 1859. State authorized to secure right of way of wagon road between Smiths Flat and, Act 1861. Wagon road, appropriations for benefit of, Acts 1862, 1863. Wagon road commissioner, creation of office of, Act 1860. LANDLORD AND TENANTS. See Leases. Forcible entry and unlawful detainer, act concerning. Act 1208. Regulating rights of, Act 1866. Tenement houses, regulation of building and occupancy of, Act 4097. LANDS. See Public Lands. LARCENY. Crime of more fully defined, Act 1871. Grand, stealing of amalgam, gold-dust, or quicksilver is, Act 1872. LASSEN COUNTY. Animals of another, wounding in, punishment of, Act 1593. Classification and population of, Act 837, §§10, 157. District attorney, salary of, Act 1877. Fees of justices in. Act 1878. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Hunting on inclosed lands in, prevention of, Act 1593. Northern boundary of, survey of. Act 816. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 208. Passing through inclosures and leaving them open, Act 1593. Plumas and liassen counties, boundaries between, Act 809. Population of, Act 837, § 10. Roads in, Act 1880. School moneys in, distribution of. Act 3542. Shasta and Lassen counties, boundary line between changed and located, Act 821. Susanville, hogs running at large in, prevention of, Act 1065. Treasurer of, bond of, Act 1879. LAURITZEN COMPANY. Authorized to sue state, Act 3795. LAW. Hastings College of the Law, creation of, Act 1440. LAW LIBRARIES. Cities of first class, fee for, Act 2348, § 127. Establishment of, Act 1885. San Francisco Law Library, creation of. Act 3293, San Jose, law library in. Act 3381. Supreme court. See Supreme Court Library. LAWS. Abolition of laws prior to 1850, Act 3882. LEASES. Counties or cities, leases by of tide lands belonging to state, confirmed. Act 2385. Lease of property of veterans by county, city and county, or town authorized, Act 4287. Leases and other contmcts by officers, ratification of, Act 2546. Leavenworth, C. F., right to supply water to Modesto granted C. P. Leaven- worth and assigns, Act 2256. Railroad corpoiations, of, Act 2917. Ratification of lease of China Basin in San Francisco, Act 1890. Ratification of leases made by officers for terminal facilities, Act 1890. Tide or submerged lands of state, lease of by cities or counties cuuflrmed, Act 2385. Water, lease of by irrigation districts, Act 1729. LEGACIES. Tax on. See Taxation. LEGAL TENDER. Legal tender notes are receivable in payment of taxes and debts. Act 1895. LEGISLATION. Commission for promotion of uniformity of, Act 1900. LEGISLATURE. Conveyance of and session to federal government of lands for lighthouses. Act 1956. Lands ceded to federal government, jurisdiction of state over, Act 1956. Legislative districts, division of state into, Acts 1905-1909. Supplies for members of, powers and duties of board of examiners. Act 359. LEGITIMACY. Children born out of wedlock, legitimizing, Act 26. LEVEES. Sacramento County, additional powers conferred on levee commissioners, Act 3071. Sacramento County, in, construction and repair of. Act 3072. LEVEE DISTRICTS. See Reclamation Districts. Assessments, levy of. Act 1913. Consolidated, government of. Act 2982. Formation and government of. Acts 1913, 1914. Indebtedness, funding and refunding of, Act 1921. Levees, dikes, etc., erection of. Act 1913. No. 1, Sacramento County, organization of. Act 1916. No. 1, Sutter County, act relating to. Act 4003. No. 1, Sutter County, boundary and care of. Act 2944. No. 1, Sutter County, trustees authorized to issue bonds to fund indebtedness. Act 2947. No. 2, Sutter County, election of officers, Act 1917. No. 2, Sutter County, funding indebtedness of. Acts 1917, 2945. No. 6, Sutter County, boundaries and government of, Acts 1918, 2948. 1624 INDEX. LEVEE DISTRICTS. (Continued.) No. 6, Sutter County, funding indebtedness of, Acts 1919, 2949. Organization and government of, Acts 1913, 1914. Swamp land district funds in state treasury, transfer of to treasurers of various counties. Acts 1280, 1920. Water users' associations. See Water Users' Associations. Yuba, Sutter, and Placer counties, in, Act 1915, LEXINGTON. Name of changed to El Monte, Act 1926. LIBEL. Bond for costs in actions for, Act 1931. LIBRARIES. See Law Libraries; Public Libraries; Supreme Court Library. Gifts and donations to, encouragement and protection of, Acts 41G2, 4163. State library. See State Library. Trusts for benefit of. Acts 4162, 4163. Trusts for benefit of, determination of validity of, Act 4165. LICENSES. Aliens, miners license from. Act 1936. Aliens not eligible to become electors, not to issue to. Act 122. Architect, annual license fee. Act 224, § 7. Bicycles, tricycles and similar vehicles, license fees, using for constniction of paths. Act 1942. Bicycles, tricycles and similar vehicles, licensing of authorized, Act 2345. Bridge, district attorney to proceed against persons neglecting to pay, Act 1938. Building and loan associations, of, Act 429. Butter, renovated, license of manufacturers and dealers in. Act 468. Cities of first class, collector, accounting, report, and paying over moneys, Act 2348, § 139. Cities of first class, collector, appointment of, Act 234?, § 138. Cities of first class, collector, deputies of and salaries of. Act 2348, § 26, subd. 19. Cities of first class, collector, powers and duties of, and of deputies. Act 2348. § 138. Cities of first class, collector, salary of, Act 2348, § 26, subd. 19. Cities of first class, collector, vacancies filling of and term of appointee. Act 2348, § 138. Cities of first class, collector, validity of licenses signed by or by depuites. Act 2348, § 139. Cities of second class, license on common carriers, Act 2348, § 333. Cities of second class, licenses in, Act 2348, §§ 323, 331, 333. Cities of second class, property and business that may be licensed. Act 2348, § 321. Cities of third class, collector, salary of, Act 2348, § 506. Cities of fourth class, ordinances affecting, ayes and noes to be entered on journal. Act 2348, § 634. Cities of fourth class, ordinance affecting, majority vote necessary. Act 2348, § 635. Cities of fifth class, powers of supervisors. Act 2348, § 764, subd. 10. Cities of fifth class, treasurer is ex officio license collector. Act 2348, § 751. Cities of sixth class, licenses in, Act 2343, § 862, subd. 10. INDEX. 162S LICENSES. (Continued.) Cities of sixth class, marshal, is ex oflRcio license collector, Act 2348, $ 851. Collector, county officer, is, Act 837, § 55. Collector, percentage on licenses collected, Act 837, § 215. Collectors of licenses in particular classes of counties. See Counties. Collector, tax collector is ex officio. Act 837, § 55. Collectors salaries, payments of legalized, Act 1939. Collectors salaries, supervisors authorized to pay, Act 1939. Corporations, license tax upon, Act 757. Dentistry, license to practice. See Dentistry. District attorney to proceed against persons neglecting to pay ferry or bridge license, Act 1938. Employment agents, license of, Act 1037. Exempt from payment of county licenses, ex-soldiers, sailors and marines are. when. Act 837, § 25, subd. 25. Ex-soldiers and sailors permitted to sell goods without, Act 3692. Ferry, district attorney to proceed against persons neglecting to pay, Act 1938. Fishing, license for. Act 1298. Horseless vehicles, licenses on, Act 1942. Horseless vehicles, on, funds derived from how applied, Act 1942. Hunting of game birds and animals, license for, Acts 1296, 1297. Itinerant venders, definition of. Act 1941, § 3. Itinerant venders of drugs, nostrums, etc., to cure disease, disposition of receipts, Act 1941. Itinerant venders of drugs, nostrums, etc., to cure disease, license upon, Act 1941. Imposing of, powers of supervisors. Act 837, § 25, subd. 25. Intoxicating liquors, to sell, voters permitted to vote on question of granting, Act 1687. Maternity and lying-in hospital, licensing. Act 1523, Miners' licenses from foreigners. Act 1936. Miners, not to issue to aliens ineligible to become citizen. Act 1937. Particular county. See particular title. Sheep business, power of supervisors to impose licenses on limited, Act 1940. Supervisors of county, power to impose. Act 837, § 25, subd. 25. Surveyors, Act 3990. Tax collector ex officio license collector. Act 837, § 55. LIENS. Estray animals, for keeping, Act 1060, | 1. Estrays, persons taking up and caring for. Act 1060. Exemption of property of building and loan association pending liquidation, Act 429. Expense of extermination of rodents, lien for. Act 2506a. , Laborers on threshing machines, liens of, Act 1949. Livestock kept, fed, or pastured, on. Act 1947. Loggers and laborers in logging camps, of, Act 1951. Materialmen, mechanics or laborers on public works, of. Act 1050. Owners of bulls, stallions or jacks used for propagation, of. Act 1948. Wages of laborers on threshing machines, of, Act 1949. LIFE INSUEANCE. See Insurance. LIGHTHOUSES. Conveyance of and cession to federal government of lands for, Acts 1956, 2446. Governor authorized to convey to United States sites for. Acts 1956, 2446. LIGHTS. See Highways. LIME POINT. Jurisdiction over lands near, ceded to United States, Act 4215. LIMITATIONS. See Statute of Limitations. LINCOLN, ABRAHAM. Birthday of, as legal holiday, Acts 1470, 1471, LIQUORS. See Intoxicating Liquors. LITERARY CORPORATION. Formation of, Act 319. LITTLE KLAMATH LAKE. United States government authorized to lower level of and use lake or bed for irrigation or reclamation. Act 1858. LIVERMORE. Incorporation of, Act 1961. LIVERY-STABLE KEEPERS. See Stable-keepers. LIVESTOCK. Lien on livestock kept, fed or pastured, Act 1947. Life, health and accident insurance of livestock, assessment plan. Act 1672a. LIVESTOCK INSPECTOR. Appointed when. Act 837, § 55i^. County officers, are. Act 837, § 55. Powers and duties of. Act 837, § 152 ^^. Salary of and how paid. Act 837, § 55>^. Term of office, Act 837, § 55 Vi. To be veterinary surgeon. Act 837, § 54. LOAN COMMISSIONERS. Additional powers granted to, Act 2824. LOANS. See Building and Loan Associations. Incorporation of associations for loaning money on personal property, Act 758. Incorporations for loaning money on personalty, regulation of. Act 758. Limit of rate of interest on loans on personalty. Act 758. Rate of interest chargeable by personal property brokers, limit on. Act 2637. Regulation of charges and of business of loaning money. Act 2637. LODGING-HOUSES. Keepers not to turn gas off at meters. Act 1343. Number of cubic feet for each person, Act 1966. LODI. Fire limits of. Act 2272. Mokelumne Hill, name changed to Lodi, Act 2271. LOGGERS. Laborers and, in logging camps, liens of. Act 1951. LOGGING CAMP. Lunch hour for laborers in mills and logging camps. Act 2139. LOGS. Booms to hold, supervisors authorized to permit building, Act 4362. INDEX. 1627 LOGS. (Continued.) Facilitating chiving of in Mad River, Act 2059. Humboldt County, scaling of logs in. Act 1563. Penalty for driving into logs substances liable to injure saws, Act 2049. Scale for measuroment of. Act 1971. Supervisors authorized to declare innavigable streams highways for, Act 4361. LONG BAR TOWNSHIP. Yuba County, prevention of trespassing of animals. Act 4484. Yuba County, protection of agriculture in. Act 4484. LOS ANGELES CITY. Armory for national guard, erection of, in. Act 2433. Board of education of, creation of. Act 1979. Board of public works for, creation of. Act 1985. Bonds for improvement of irrigation in, Act 1981. Bonds for improving water supply of. Act 1982. Bonds for special school building fund, Act 1979. Bonds for widening Los Angeles Street, Act 1983. Bonds, issuance of, for main public sewer, Act 1981. Charter of. Acts 1975-1978. Construction of telegraph line from, to Wilmington, Act 4093. Council, acts of ratified. Act 1984. Dedication to public use for street purposes of lands of state normal school. Act 1989. Exposition building, erection of at. Act 1990. Normal school at. Act 3554. Public library, establishing in. Act 1986. School law of, special, Act 1987. Watercourses, concerning. Act 1988. LOS ANGELES COUNTY. Agriculture, protection of, in, Act 1993. Animals of another, wounding in, punishment of. Act 1593. Animals, trespassing, distraining of, Act 1993. Animals, trespassing, in, Act 1064. Animals, wild, destruction of in. Act 188. Artesian wells, regulation of and prevention of waste. Acts 245, 1994. Assessor, compensation of for collection personal property tax. Act 1995. Assessor, no compensation for collections or making military roll, Act 837, § 215. Bridge across Santa Ana River, supervisors authorized to build. Act 2013. Classiticatiou and population of. Act 837, §§ 10, 157. Constable, additional, for. Act 2004. County clerk, fees and compensation of, Act 1996. District attorney, deputy, supervisors to authorize appointment. Act 1997. El Monte, name of Lexington changed to. Act 1926. El Monte township, protection from overflow. Act 1998. Examination and counting of funds in treasury, Act 464. Fees of officers in. Acts 1996, 2006, 2007. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Grand jurors, fees of. Act 1999. Growing timber on private grounds, destruction of prevented. Act 1577. Highways in. Acts 2000-2002. Highways in, repeal of laws relating to. Act 2002. Hunting on inclosed lands in, prevention of, Acta 1577, 1593. 1628 INDEX. LOS ANGELES COUNTY. (Continued.) Inclosures, passing through and leaving open, Act 1593. Irrigation in, promotion of, Art 2003. Judges of superior court, increase of. Acts 2011, 2012, 2014. Justices of the peace, additional, for. Act 2004. Lexington, name of changed to El Monte, Act 1926. Matron for county jail. Act 837, §2141/2. Normal school, branch, establishment of in. Act 3554. Notary public, additional for, Act 2005. Officers, deputies and assistants of, and salaries of, Act 837, § 159. Officers in, Act 2006. Officers in, salaries of. Acts 1995, 1996, 2007-2009. Officers of, and salaries, fees and allowances of, Act 837, § 159. Population of. Act 837, § 10. Salaries in. Acts 1995,1996,2007,2008,2009. Santa Ana River, supervisors authorized to build bridge across. Act 2013. Seagulls at Santa Monica, protection of. Act 1315. Sheriff, fees of. Act 2009. Squirrels, and gophers, destruction of, Acts 188, 2010. Surveyor, fees and compensation of. Act 1996. Treasurer of, examination and counting of funds in treasury, Act 464. Treasury of, better protection of. Act 464. Trespassing animals in, Acts 10C4, 1993. Water commissioners for. Act 4365. Water, prevention of waste of, Act 1994. Waters, overseer to regulate, Act 4365. LOS NIETOS. Irrigation in, Act 2018. LOS NIETOS COLLEGIATE INSTITUTION. Powers and privileges conferred on trustees. Act 2023. LOST INSTRUMENTS OR RECORDS. See Burnt or Destroyed Records or Doca- ments. Actions against state to quiet title to land sold by state where deed or patent lost, Act 3794. LOST PROPERTY. Act concerning. Act 2028. LOST WARRANTS. Payment of lust controller's warrants. Acts 2033, 4328. LOTTERIES. Prohibition of, Acts 2038, 2039. LOVE, JOHN LORD. Authorized to sue state, Act 3790, LOWER KLAMATH LAKE. United States government authorized to lower level of, and use lak» or bed for reclamation or irrigation, Act 1858. LOWER LAKE. Hogs prevented from running at large in. Act 2044, INDEX. 1629 LUMBER. See Logs. Facilitating driving of logs in Mad River, Act 2059. Supervisors authorized to declare innavigable streams highways for, Act 4361. LUMBER MANUFACTURERS. Lunoh hour for laborers in sawmills, shake-mills, shingle-mills and lumber camps, Act 2139. Penalty for driving into logs substances liable to injure saws, Act 2049. LUNATICS. See Insane Asylums; Insane Persons. LUNCH HOUR. For iaborerg in mills and logging camps, Act 2139. M MADERA COUNTY. Boundaries of, Act 2054. Classification and population of. Act 837, §§ 10, 157. Classification of. Act 2054. County seat, Act 2054. Creation of. Act 2054. Officers, deputies and assistants of, and salaries, fees and allowances of, Act 837, § 201. Organization of and election of officers, Act 2054. Population of, Act 837, § 10. MAD RIVER. Facilitating driving of logs in Mad River, Act 2059. Improvements of and its north fork, Act 2059. MAIL. Carriers permitted to ride free on street-cars, Act 2930. MANUFACTURERS. Adulterated, mislabeled or misbranded goods, manufacture of, forbidden. Act 29. Drugs, manufacture of adulterated, mislabeled or misbranded, prevention of, Act 30. Factories for dairy products, inspection of. Act 877. Formation of corporation for direct promotion of. Act 290. Furniture stufTed with secondhand material to be labeled and stamped, Act 2062. Logs. See Logs. Lumber manufacturers. See Lumber Manufacturers. Manufacturing purposes, formation of corporation for. Acts 763,764. Peaalty for driving into logs substances liable to injure saws, Act 2049. Proper sanitary condition of factories and workshops, provision for. Acts 1098, 2138, 2841. Stamping and labeling produce, etc., fraud and imposition in, Act 2100. Wines, deception in manufacture of, prevention of, Act 45. MAPS. Copies of maps kept by officers which have been destroyed by conflagration. Act 442. Filed for purposes of sale, requisites of, Act 2064. Recording of for purpose of sale, Acts 2064, 2065. Sale of lots before recording maps, penalty, Acts 2064, 2065, 1630 INDEX, MARIN C0UNT7. Classification and population of, Act 837, §§ 10, 157. Corte Madera Creek, navigability of. Act 2069. Cost of physician inquiring into sanity of convict in state prison, a state charge, Act 2070. Costs of coroner's inquiry into death in state prison a state charge, Act 2070. Destruction of fish in Bolinas Bay prevented, Act 1324. Fences, lawful in, Act 2071. Galinas Slough declared navigable, Act 1288. Growing timber on private grounds, destruction of prevented, Act 1577. Guyamas Creek, navigability of. Act 2069. Hides of slaughtered cattle, keeping of, Act 182. Hunting on private inclosed grounds in, prevention of, Act 1577. Jurisdiction over lands near Lime Point ceded to United States, Act 4^15. Lime Point, jurisdiction over lands near ceded to United States, Act 4215, Novato Creek in, declared navigable, Act 2505. Officers, deputies and assistants of, and salaries, fees and allowances, Act 837, § 186. Officers of, compensation of. Act 2072. Population of, Act 837, § 10. Road overseers in, election of, Act 2073. Road poll taxes in, collection of. Act 2080. San Antonio or Keyes Creek, declared navigable. Acts 1798,3097. San Rafael Creek, navigability of, Act 2069. Saucelito Creek, navigability of, Act 2069. School moneys, distribution of. Act 2076. Schools, Dixie district, Act 2075. Sheep, restriction of herding of. Acts 2077, 3617. Stock prevented from running at large upon roads and highways. Act 2078. Superintendent of schools, salary of. Act 2074. Tax collector, bond of. Act 2079. MARINES. See Soldiers and Sailors. MARIPOSA BIG TREES. See Big Tree Grove. Receded to federal government. Act 4470. MARIPOSA COUNTY. Branding of calves in. Act 183. Classification and population of. Act 837, §§ 10, 157. Free wagon road from Mariposa to Yosemite "Valley, Act 4467. Licenses, collection of. Act 2085. Mariposa and Fresno counties, boundary line between. Act 815. Officers, deputies and assistants of, and salaries, fees and allowances of, Act 837, § 206. Officers of, salaries of. Act 2086. Population of, Act 837, § 10. Repeal of act for free wagon road from Mariposa to Yosemite Valley, Act 1450. Roads and highways in, maintenance and construction of. Act 2087. Slaughtered animals, record of, keeping of, Act 183. Slaughtered cattle, hides of, keeping of. Act 183. Stallions prevented from running at large in, Act 1063. Tax, additional, in, levy of. Act 2089. Treasurers of, bond of. Act 2088. MARIPOSA, TOWN OF. Free wagon road from to Yosemite Valley, Acts 1450, 4467. INDEX. 1631 MARKET. Kstviblishment of free public market on waterfront of San Francisco, Act 3228. Public, harbor commissioners authorized to maintain, Act 1430. MARKLEEVILLE. Incorporatioa of, Act 2094. MARKS AND BRANDS. Act relating to. Act 2099. Cheese, brands for. See Cheese. Fraud and imposition in matter of Btamping and labeling produce and manufac- tured goods, Act 2100. Fruits, inspector to enforce law requiring labels on. Acts 2101, 21C)2. Fruits, marking or branding of boxes, barrels, etc., containing, Acts 2101, 2102. MARRIAGE. Regulation of. Act 2107. Statistics of, Act 1827. MARRIED WOMEN. See Husband and Wife. Earnings of, protection of, Act 2111. Fraudulent, conveyance or incumbrance by, prevention of. Act 2110. Placing of in houses of prostitution, prevention of,_ Act 2796. Real estate, authorized to convey. Act 2109. Separate property of, protection of, Act 2111. Sole traders, authorized to do business as, Act 2108. MARSHALL MONUMENT. Guardian for, appointment and duties of, Act 2116. MARSHALS. Cities of fifth class, bonds of. Act 2348, § 753. Cities of fifth class, compensation of, fees and mileage of. Act 2348, § 755. Cities of fifth class, election and term of office, Act 2348, § 752. Cities of fifth class, ex officio superintendent of streets and health officer, Act 2348, § 751. Cities of fifth class, police department under control of. Act 2348, § 790. Cities of fifth class, powers and duties of. Act 2348, § 790. Cities of sixth class, bond of. Act 2348, § 853. Cities of sixth class, compensation, fees and mileage of. Act 2348, § 855. Cities of sixth class, election and term of office. Act 2348, § 852. Cities of sixth class, ex officio tax and license collector, Act 2348, § 851. Cities of sixth class, powers and duties of. Act 2348, § 880. City marshal. See particular city. Fees of in criminal action not a county charge. Act 1125. Tax collector, performance of duties of. Act 4043, § 8. MARSH LANDS. See Swamp and Overflowed Lands. Cutting and carrying away timber from lands. Act 1404. MARTINEiZ. Animals running at large in, Act 2122. Incorporation of, Act 2121. Lands opposite to covered by Carquinez Straits released to. Act 2123. MARYSVILLE. Bridge across Feather River declared a free bridge, Act 1103. Levees, construction and repair of. Act 2129. 1632 INDEX. MARYSVILLE. (Continued.) Levee indebtedness of, funding of, Act 2130. Police court in, establishment of, Act 2131. Railroad from, to Knights Landing, Act 2919. Reincorporation of, Act 2128. Superintendent of public schools, salary of, Act 2132. MARYSVILLE TOWNSHIP. Protection of agriculture and prevention of trespassing of animals, Act 4484. Yuba County, prevention of trespassing animals, Act 4484. MASTER AND SERVANT. Apprentices. See Apprentices. Arbifrr.tion. fee Arbitration. Conspiracy, meaning of limited in disputes between, Act 687. Corpurations to pay employees monthly or weekly. Acts 772, 773. Employee entitled to one day in seven for rest, Acts 2187, 3952. Employment agents, duties and liabilities of. Act 1036. Employment agents, license of. Act 1037. Employment agents, regulation of. Act 1037. Hours of labor. See Hours of Labor. Injunctions, use of in dispute between limited, Act 692. Labor statistics, bureau of, Act 1828. Labor unions. See Labor Unions. Liens of laborers on threshing machines, Act 1949. Loggers and laborers in logging camp, liens of. Act 1951. Lunch hour for laborers in mills and logging camps, Act 2139. Materialmen, mechanics or laborers on public works, liens* of. Act 1950. Minimum rate of compensation for labor on public works. Act 2895. Misrepresentations of conditions of employment a misdemeanor. Act 2140. Payment of materialmen and laborers on public works, securing, Act 2895. Preferred creditors, laborers are. Act 1823. Restraining orders, use of in disputes between, Act 692. Sanitary condition of workshops and factories, providing for. Acts 1098, 2138, 2841. Soldiers, sailors and marines preferred in public service. Act 2893. Temporary floors in buildings more than three stories high, Act 2141. Wages of laborers on threshing machines, liens for. Act 1949. MASTERS. Vessels of, duties of in relation to passengers arriving. Act 1587. MATERIALMEN. Mechanics or laborers in public works, liens of, Act 1950. MATRON. See Jails; Prisons. MAYOR. Bonds of. See Bonds. Cities of first class, duties in reference to contracts. Act 2348, § 204. Cities of first class, mayor pro tempore, Act 2348, § 119. Cities of first class, mayor's clerk, appointment and salary, Act 2348, § 26, subd 1, Cities of first class, qualifications, powers and duties of, Act 2348, § 118. Cities of first class, salary of. Act 2348, § 26, subd. 1. Cities of first class, special sessions of council, calling, Act 2348, § 120. Cities of second class, allowance of salary. Act 2348, § 371. Cities of second class, clerk, appointment and salary of. Act 2348, § 307. INDEX. 1633 MAYOE. (Continued.) Cities of second class, duties and powers of. Act 2348, §§ 370, 371. Cities of second class, salary of. Act 2348, § 307. Cities of third class, election and term of office. Act 2348, § 502, Cities of third class, powers and duties of. Act 2348, § 550. Cities of third class, presides at meetings of common council. Act 2348, § 521. Cities of third class, salary of. Act 2348, § 506. Cities of third class, supervisors, presides over meetings, Act 2348, § 521. Cities of fourth class, absence or disability of or vacancy, proceedings on, Act 2348, § 671. Cities of fourth class, a member of city council, Act 2348, §§ 620, 621. Cities of fourth class, compensation, act without, Act 2348, § 608. Cities of fourth class, election and term of otfice. Act 2348, § 602. Cities of fourth class, powers and duties of, Act 2348, § 670. Not required to act as judge or justice in cities over 10,000, Act 2145. Ordinances and resolutions to be presented to. Act 2583. McENERNEY ACT. For establishment of titles. See Establishment of Titles. Supplementary act providing for recording notices of ownership. Act 437. To restore titles. Acts 436, 1048. See Establishment of Titles. MEADOW LAKE. Incorporation of, Act 2150. MEASURES. See Weights and Measures. MECHANIC ARTS. Assent of state to act of Congress applying proceeds of public land for college, Act; 634. Formation of corporations for direct promotion of. Act 290. Formation of corporation for mechanical purposes, Acts 763, 764. MECHANICS' INSTITUTE. Acknowledgments by, validated. Act 19. Formation of, Act 568. Of San Francisco, authorized to mortgage, sell or convey realty, Act 2155. MECHANICS' LIENS. Mechanics, materialmen or laborers on public works, liens of, Act 1950. Public works, on. Act 2895. MEDICAL COLLEGES. Of University of California, Act 4256. MEDICINE. See Optometry; Osteopathy; Veterinary Surgery, Anatomy, promotion of study of. Act 937. Anatomy, study of, provided for, Act 174. Board of examiners, appropriation for restoration of lost records of, Act 2162. Dental law does not alifect physicians, Act 922, § 24. Dentistry. See Dentistry. Dissection, surrender of dead bodies for. Act 937. Medical department of University, Act 4256. Medical examiners, act of 1901 providing for appointment of, Act 2162, Nursing. See Nursing. Practice of medicine, surgery, osteopathy and other systems of treating sick, act of 1907 regulating. Act 2163. G«n. Laws — 108 1634 INDEX, MEDICINE. (Continued.) Practice of medicine and surgery, regulation of, Acts 2161,2162,2163. Register of Board of Medical Examiners, reproduction of on destruction by Are, Act 438. Regulation of medical practice to prevent blindness in infants, Act 2160, Surrender of dead bodies for dissection, Act 937. MELONE DRURY. Authorized to sue state. Act 3790. MENDOCINO COUNTY. Big River Township, free bridges in. Act 2167. Boundary between and Lake County, location of. Act 825, Boundary, eastern, of, location of. Act 826. Bounties for destruction of wild animals in, Act 189. Bridges in, purchase and erection of. Act 2168. Classification and population of. Act 837, §§ 10, 157. County cleric of, salary of. Act 2170. Disposal of lots in towns on public lands in. Act 2169. Federal act for relief of citizens of towns on public lands, Act 2169. Fees of officers of. Act 2171. Fishing in by weirs, dams, nets, seines or traps, prevention of. Act 1389. Growing timber on private grounds, destruction of prevented, Act 1577. Humboldt, Mendocino, Trinity and Klamath counties, boundaries between, Act 813. Hunting on private inclosed grounds in, prevention of. Act 1577. Officers, deputies and assistants &nd salaries, fees and allowancss of, Act 837, § 171. Officers of, fees of. Act 2171. Population of. Act 837, § 10. Recorder of, salary of. Act 2171. Roads in, building and improvement of, Act 2163. Road laws, special, repeal of, Act 2172. Sheep, restricting the herding of. Act 3617. Sheriff of, salary of, Act 2170. Stallions prevented from running at large in. Act 1063. Supervisors in, election of. Act 2173. MENDOCINO STATE INSANE ASYLUM. See Insane Asylums. MENLO PARK. Incorporation of. Act 2178. MERCED CITY. Fire in, protection against, Acts 1251, 2183. MERCED COUNTY. Animals, trespassing of in. Act 1071. Animals, wild, destruction of in. Act 188. Classification and population of. Act 837, §§ 10, 157. County clerk and recorder, separation of offices of, Act 2188. Gophers in, destruction of. Acts 186, 188. Licenses, collection of. Act 2189. Officers, deputies and assistants and salaries, fees and allowances, Act 837, 5 196. Officers of, salaries of. Act 2188. Poll taxes in, collection of, Act 2190. Population of. Act 837, § 10. INDEX. 1635 MERCED COUNTY. (Continued.) Public administrator, bond of, Act 2191, Recorder and county clerk, separation of oflfices of, Act 2188. San Benito County, transcription of matters of record from Fresno and '^^er^.^ed counties to, Act 3107. Snelling, supervisors authorized to sell courthouse block and buildings in, Act 2192. Squirrels in, destruction of. Acts 186, 187, 188. Stallions prevented from running at large in, Act 1063. Water commissioners for. Act 4366. Witness fees in, Act 2193. MERGER. Incorporation and government of merged cities and counties of 100,000 inhabit- iints, Act 2339. MEXICAN GRANTS. Preservation of papers relating to Spanish land claims, Act 3744. Settlers on lands within Mexican grants restored to public domain, rights of, Act 2854. MEXICAN WAR. Associated veterans authorized to lease or exchange lands, Acts 2197, 4284. MILEAGE. For services of papers or process issued outside of county. Act 837, § 215. MILITARY ACADEMY. Arms and accoutrements, furnishing to, Acts 230, 2200. Issuing arms and accoutrements to. Acts 230, 2200. Rank of military instructor, Act 2200, § 1. Requisition for arms and accoutrements. Act 2200, § 3. MILITARY LAW. See Soldiers and Sailors; Veterans' Home. Jurisdiction over lands acquired for military purposes ceded to United States, Act 3829. Relinquishment to United States of lands required for military or naval purposes. Act 4214. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. MILITIA. See National Guard. finLK. Adulteration of, prevention and punishment of. Act 39. Certified, regulation of production and sale of, Act 47. Chemicals or materials to prevent fermentation, use of prohibited. Act 46. Sale of milk from diseased cows, prevention of. Act 877. MILLS. Lunch hour for laborers in mills and logging camp. Act 2139. MILLVILLE SCHOOL DISTRICT. In Shasta County, census of, Act 3544. MINERAL CABINET. Establishment of in state library. Acts 2205, 3844. 1639 INDEX. MINERAL CABINET. (Continued.) Removal of mineral cabinet from state library to Crocker art gallery, Act 2206. Trustees of, Act 2206. MINERAL WATERS. Analyzing, act providing for. Act 40. MINES AND MINING. Abandoned shafts, covering or fencing of, Act 2221. Affidavit for location, effect of. Act 2216. Annual work, co-owner, failure to contribute to, proceedings, Act 2229, § 1. Annual work, filing affidavit of, Act 2229, § 1. Annual work, relocation for failure to file affidavit, Act 2229, § 1. Annual work, what considered as. Act 2229, § 1. Bell signals, uniform system of, establishment of, Act 2225. Buildings, protection of in mining districts. Act 2217. Claims, conveyance of, Act 2220. Claims, effect given to record of notices of location and affidavits, Act 2218. Claims, location, amending defective. Act 2216. Claims, manner of locating. Act 2216. Claims, recording notices of location. Act 2216. Coal mines, boilers, duties regarding, Act 2223, § 10. Coalmines, inside overseers, duties of. Act 2223, §§ 5, 6. Coal mines, liability of owners for disobedience of statute. Act 2223, § 8. Coal mines, maps, or plans of, copies open to inspection, keeping of, Act 2223, § 2. Coalmines, maps or plans of, preparing. Act 2223, § 1. Coal mines, overseer, negligence of, liability, Act 2223, § 9. Coalmines, "owner" includes lessee. Act 2223, § 7. Coal mines, shafts and outlets, Act 2223, § 3. Coal mines, statute does not apply to opening new mines. Act 2223, § 11. Coalmines, ventilation. Act 2223, § § 4, 5. Conveyance of mining claims. Act 2220. Corporations, mining. See Mining Corporations. Crops, protection of in mining districts, Act 2217. Debris commissioners, appointment, duties and compensation. Act 898. Debris, construction of works for restraining and impounding, Act 2214. Debris, title of land for dams, in whose name taken, Act 2215. Deposit, places of, how obtained by miners. Act 2228. District records, depositing with county recorders. Act 2216. Easement in locations or claims. Act 2229. Escape, duty to provide miners with second means of, Act 2222. Fencing or covering abandoned shafts. Act 2221. Growing crops, protection of owners of from injuries by miners. Act 2217. Hours of labor in underground mines. Act 2230. Improvements, protection of in mining districts, Act 2217. License not to issue to aliens ineligible to become citizens. Act 1937. Licenses from foreigners. Act 1936. Locating of mining claims, manner of. Act 2216. Location, affidavits, effect of, Act 2216. Locations, defective, amending. Act 2216. Location, effect given to notices of, Act 2216. Location of mineral land belonging to state. Act 2227. Location, recording notices of. Act 2216. Mineral land belonging to state, sale and location of. Act 2227. Miners, duty of owners to provide second means of escape, Act 2222. Miner's inch of water, fixing and defining. Act 4355 INDEX. 1687 MINES AND MINING. (Continued.) Miners, state hospital for, Act 2224. ]\Iining bureau, establishment and maintenance of, Acts 2211-2213. Partnership, mining, act relating to, Act 2219. Quicksilver, pure, secured to miners. Act 2218. Recording of mining claims in Calaveras County, Act 483. Records, district, deposit of with county recorders, Act 2216. Rights of way given miners. Act 2228. Rights of way over or through mining claims. Act 2229. Sale, lease or mortgage of mines. Act 2240. Sale of mineral land belonging to state. Act 2227. Sale of mineral land belonging to state, regulation of, Act 2227. School land valuable for mineral deposits, sale of, Act 2227. Shafts, abandoned, covering or fencing of, Act 2221. Signals, rules governing, Act 2225, § 2. Signals, uniform system of mine bell, establishment of. Act 2225. Signals and rules, miner disobeying cannot recover, Act 2225, Slate hospitals for miners. Act 2224. State mineral land, sale or location of. Act 2227. Stealing of amalgum, gold-dust or quicksilver is grand larceny, Act 1872, Summary sale of mines or mining interests, Act 1054. MINING BUREAU. Establishment and maintenance of. Acts 2211-2213. MINING CORPORATIONS. Aurora, Nevada, companies of, authorized to remove to California, Act 2233. Books of, open to inspection, Act 2239. Changing place of business. Acts 2237, 2238. Ditching or conveying water for mining, corporations for. Act 2234. Formation of, Act 2234. Formation of corporations for direct promotion of mining, Act 290. Fo>,nation of corporation for mining, Act 763. Formed to mine outside of state, Acts 2235, 2236. Inspection of grounds, right of. Act 2239. Mining in other states. Acts 2235, 2236. Officers of, removal of, Act 2241. Posting of monthly accounts, Act 2239. Sale, lease or mortgage of mines, Act 2240. Stockholders in, protection of. Acts 2239, 2240. Transfer agencies in other states, maintaining. Act 2236. MxNORS. See Infancy. MISDEMEANOR. Animals with contagious or infectious diseases, carrying, a misdemeanor, Act 178. Artesian well, permitting waste of water from, Act 245. Butter, failure to mark weight of packages containing, Act 467. Butter, renovated, violation of statute, relating to sale of, Act 468. Chattel mortgages, excessive interest or charges, Act 1673. Cheese, violation of statute relating to manufacture of. Act 578, § 5. Cutting of hair of persons convicted of, Acts 2834, 3863. Dairy law, violation of. Act 876. Dental law, offenses against. Act 922, § 19. Exhumation and transportation of body without permit, Act 545, § 4. Exhumation of body without permit. Act 545, § 3. Fir J, starting in hay, grain, stubble or grass. Act 1169. 1639 INDEX. MISDEMEANOR. (Continued.) Flag, desecration of, Act 1198. Fraud in sale of fruit trees, Act 1518. Gaming. See Gaming. Gas, hotel or loclging-house keeper turning off gas at meter. Act 1528. Grand Army of the Republic, persons prevented from wearing badge of, Act 1392. Homing pigeon, injury to, Act 1497. Hours of labor for drug clerks, violating act governing, Act 2665. House of correction, commitments to, Act 1540. Infant, permitting to visit prizefight or cock-fight, Act 1610. Interest, excessive, charging, Act 1673. Intoxicating liquor, sale of near Mendocino Insane Asylum, Act 1694. Intoxicating liquor, sale of near Soldiers' Home at Yountville, Act 1693. Juvenile court. See Juvenile Court. Labor union, unlawfully using union card. Act 1831. Labor union, unlawfully wearing button of. Act 1830. License tax, failure of corporation to pay, Act 757. Maps, failure to file before sale of platted lands. Act 2064. Mining shaft, abandoned, failure to cover or fence, Act 2221. Mining shaft, abandoned, removing covering or fencing. Act 2221. Misrepresentations of conditions of employment a misdemeanor. Act 2140. Naming, improper, of trees, plants, seeds, etc.. Act 1510. Nursing, violation of statute relating to. Act 2508a. Officer, failure to publish notice, Act 837, § 57. Ordinances, violation of in cities of fifth class, Act 2348, § 769. Parole of prisoners under sentence for. Act 2620. Paupers, bringing into state, Act 2631, § 3. Public health act, violation of provisions of. Act 2830, § 21. Rodents, violation of provisions of statute governing extermination of, Act 2506a. Ticket for foreign port, refusing to sell. Act 1031. Trading stamps, use of. Act 4123. Vagrancy, punishment of. Act 4264. Warehouses, violation of law governing. Act 4319. MISREPRESENTATIONS. Of conditions of employment, a misdemeanor. Act 2140. MISSING PERSONS. Trustees of, appointment of authorized, Act 2246. Trustees of, duties of, Act 2246. MISSIONS. Gift of mission at Sonoma to state. Act 2298. MISSION CREEK. San Francisco, declared navigable, Act 3252. M0B3. Compensation of parties whose property destroyed by mobs or riots, Act 2251. National guard, expenses of in case of. Act 2432. MOCKING BIRDS. Destruction of, prevention of. Act 1314, MODESTO. Bridge across Tuolumne River at Modesto, Act 4196. INDEX. 1639 MODESTO. rContiinied.) Ri^ht to supply water to, granted C. F. Leavenworth and assigns, Act 2256. Hogs prevented from running at large in, Act 3612. MODESTO IRRIGATION DISTRICT. Creation of, Act 1724. MODOO COUNTY. Animals of another, wounding in, punishment of. Act 1593. Apportioning school moneys in, Act 3539. Bonds issued to Siskiyou County, semi-annual payment of principal and interest, Act 2262. Classification and population of. Act 837, §§ 10, 157. Creation of, Act 2261. Fees and salaries of otficers of, Act 2264. Fences, lawful and partition in, Act 2263. Fences, tearing down of. prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Hunting on inclosed private land, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Officers, deputies, assistants; salaries, fees and allowances, Act 837, §205. Officers of, fees and salaries of. Act 2264. Population of. Act 837, § 10. Sheep, restriction of herding of. Act 2265. Treasurer of, bond of. Act 2266. United States authorized to lower levels of certain lakes in and use lakes or beds for reclamation or irrigation. Act 1858. United States, title to lands uncovered by lowering levels of certain lakeg in granted to, Act 1858. MOKELUMNE HILL. Fire department of, support of. Act 2272. Fire limits of, Act 2272. Name changed to Lodi, Act 2271. MOKELUMNE RIVER. Navigability of. Acts 2277, 4358. MONEY. Coining of, regulations of. Act 2283. Creation of paper to circulate as, forbidden, Act 2284. Money of account. Act 2282. Power of cities of sixth class to expend. Act 2348, § 862, subd. 18. Regulation of business of loaning money, Act 2637. MONGOLIANS. See Chinese. MONO COUNTY. Assessor, compensation of, Act 2289. Bonds of officers in, Act 2290. Classification and population of. Act 837, §§ 10, 157. Inyo and Mono counties, boundary line between. Act 812. Judge, additional, in, Act 2291. Officers of, and salaries, fees and allowances of. Act 837, § 213. Population of, Act 837, § 10. Roads, public, in, improvement of. Act 2292. School moneys in, distribution of, Act 1708. 1640 INDEX. MONO COUNTY, (Continued.) Stallions running at large in, prevention of, Acts 1063, 2293. Teachers, in employment of, Act 2294. MONO LAKE. Free wagon road from Mono Lake basin to Tioga road, construction ol, Acts 1455, 1456. MONO WAGON EGAD. Part of, declared a state highway, Act 1453. MONOPOLIES. See Trusts. MONTEREY CITY. Incorporation of. Act 2299. Landing place of Junipero Serra, gift of to state, Act 2298. Old theater property at Monterey, gift of to state, Act 2298. Water front granted to city of, Act 2300. MONTEREY COUNTY, Branding of calves in, Act 183. Classification and population of, Act 837, §§ 10, 157. Colton Hall in. See Colton Hall. Courthouse, erection of, Act 2306. Fees and salaries of officers of, Act 2311. Jail, erection of, Act 2306. Monterey Bay, creation of reserve for shell-fish and invertebrate animals In, Act 1340d. Notaries, additional, in, Act 2310. Officers, deputies and assistants of, and salaries, fees and allowances of. Act 837, § 173. Oificers in, fees and salaries of, Act 2311. Population of, Act 837, § 10. Recorder, salary of, Act 2310. Records of, legalizing and validating copies of certain records in. Act 2313. Roads and highways in, Acts 2308, 2309. Roads in, provisions of code made applicable to, Act 2309. Salinas River declared navigable, Act 3092. Sheriffs of, fees of. Act 2313. Slaughtered animals, keeping records of in, Act 183. Slaughtered cattle, keeping of hides of. Act 183. Squirrels, destruction of, Act 187. Stallions prevented from running at large in. Act 1063. Superintendent of common schools, salary of. Act 2314. Supervisorial districts, reorganizing. Act 2315. Supervisors, terms of. Act 2316. Surveyor, fees and salaries of. Act 2310. Swamp land fund, transfer of money from to general fund, Act 2S07. Trespassing animals in. Act 10C4. MONTEREY CUSTOM-HOUSE. Acquisition of control of. Act 2320. Preservation, protection and improvement of. Act 2320. Trustees of, appointment of. Act 2320. MORMON CHANNEL. Canal to connect with Calaveras River, right of way for. Act 3353. INDEX, 1641 MOKMON CHANNEL. (Continued.) Commissioner authorized to obtain right of way to divert water of info Calaveras River, Act 2S92. Grants to United States of rights of way for canal from, to Calaveras River, Act 3353. MORMON SLOUGH. Excavating:, openinc: and wideninpr. Act .^902. Inhabitants authorized to form reclamation district, Act 2943. Right of way granted United States for canal from to Calaveras River, Act 2893a. MORO COJO SLOUGH. Xavigability of. Act 2325. MORTGAGES. Chattel, corporations loaning money on, regulation of, Act 758. Chattel, excessive interest or charges, penalty. Act 1673. Chattel, limitation of charges that can be made. Act 1673. Chattel, limit of rate of interest that can be charged, Acts 758, 1673. Foreclosure, attorney's fees and other charges iu, abolition of, Acts 1213, 2330. Foreclosure, court tixes fee although stipulation as to '" mortgage. Act 2330. Foreclosure suits, attorney's fees to be fixed by court, Acta 1213, 2330. Fraudulent conveyance or incumbrance of realty by married women, prevention of, Act 2110. MOTORCYCLES. Franchises for road for. Act 1464. MOTOR VEHICLES. Regulation of operation of automobiles on public highways, Act 2331. MT. DIABLO. Destruction of deer on, prevented. Act 1313. MUD SPRING TOWNSHIP. Trespassing of animals upon private property in, Act 997. MUNICIPAL CLERK. Recorder acts as registrar of deaths in cities incorporated under municipal in- corporation, Act 2348, § 9. MUNICIPAL CORPORATIONS. Acts of, validation of. Acts 2354, 2355. Agricultural associations authorized to lease lands to cities in which lands situ- ated. Act 75. Annexation of territory to, Acts 2374, 2377, 2378. Annexation of territory under municipal incorporation act. Act 2348, § 7. Annexed territory, districting, government and control of. Acts 2374, 2377. Art galleries, authorized to acquire lands for erection of, Act 2387. Assembly or convention hall, incurring indebtedness for authorized, Act 2372. Assembly or convention halls, rules for conduct of, Act 2372, § 9. Authorized to acquire property for developing and encouraging products and ex- hibiting same, Act 2387. Authorized to acquire lands for erection of art galleries or museums. Act 2387. Authorized to acquire land for park or playground purposes by condemnation, Act 2884. 1 643 INDEX, MUNICIPAL CORPOEATIONS. (Continued.) Authorized to lease, purchase, own and operate gravel beds and quarries, Act 2365. Authorized to permit construction of highway or boulevard over street, Act 2386. Banks, deposit of funds in, authorized, Act 1285. Banks, deposit of funds in, regulation of, A'lt 1285. Between 26,000 and 30,000, authorized to vote on paying debt of certain years, Act 2825. Bicycles, tricycles and similar vehicles, licensing of authorized. Acts 1942, 2345. Bonded indebtedness, compromise of, by. Act 386. Bonded indebtedness, declaring all due at once, Act 386. Bonds, authorized to issue for purpose of investing proceeds in other bonds issued for public improvements. Act 388. Bonds, cities and counties, election on question of issuing bonds for expenses of year 1883, Act 383. Bonds, consent to judgment in favor of holders of, Act 386. Bonds, election on issuing for expenses of year 1883, Act 383. Bonds, investment, authorized to issue. Act 388. Bonds, issuance for protection from overflow by water. Act 2366. Bonds, legislation of where issued by more than two-thirds of the voters. Act 389. Bonds, may be issued as registered or coupon bonds, Act 387, § 2. Bonds, mutilated or defaced, issuance of duplicates. Act 440. Bonds of officers, premium on to be paid by. Act 2544. Bonds, refunding debts and issuing in cities other than of first class. Act 382. Bonds, refunding indebtedness other than in cities of first class. Acts 2367, 2368. Bonds, registry of, effect of and rights of holder. Act 387, § 1. Bonds registry of, form of, Act 387, § 1. Bonds, registry of, right of. Act 387, § 1. Bonds, unexecuted or unsold, destruction of. Act 385. Bonds, submission to electors of proposal to issue, Act 372. Boulevards, cities and cities, and counties authorized to acquire and maintain. Act 2878. Boulevards or highways, state construction and maintenance of in cities authorized, Act 2386. Boundaries, change of under municipal incorporation act. Act 2348, § 7. Boundaries of, change of. Acts 2373, 2374, 2375, 2377, 2379, 2348, § 7. Bridges, draw, cities authorized to maintain. Act 418. Bridges, power of cities to rebuild, repair or change location of, Act 419. Bridge within city limits, expense of constructing or rebuilding. Act 419, §2. Bridge within city limits, power of county supervisors over, Act 419, § 1. Bridges. See Bridges. Cemeteries, rules and regulations for government of, Act 2381. Cemeteries. See Cemeteries. Cemetery purposes, cities of less than first class authorized to obtain lands for, Act 2381. Census, taking of by. Act 555. Charter, abandoning and organizing under general laws. Act 2359. Charters, amendments to, election upon. Act 1014. Charters, elections upon. Act 1014. Charters or amendments, conduct of elections upon. Act 367. Cities of first class. See post, this title. Cities of first and one-half class. See post, this title. Cities of second class. See post, this title. Cities of third class. See post, this title. Cities of fourth class. See post, this title. INDEX. 1643 MUNICIPAL CORPORATIONS. (Continued.) Cities of fifth clas^. See post, this title. Cities of sixth class. See post, this title. City clerk to act as registrar of death, in cities incorporated nnder municipal cor- poration act, when. Act 2348, § 9. Clas.sification of, Act 2347. Classification, determination based on federal census. Ate 2347, § 2. Classification, reorganization after. Act 2347, § 3. Compensation of parties whose property destroyed by mobs or riots, Act 2251. Condemnation of site for public building authorized in cities over 100,000, Act 2364. Condemnation of water, water rights or reservoir sites authorized. Act 2337. Consolidated cities and counties, provisions of law applying to, Act 2348, §§286, 287. Consolidation, authorized. Act 2383, § 1. Consolidation, boroughs, establishment of. Act 2383, § 5. Consolidation, boroughs, right to establish. Act 2383, § 5. Consolidation, debts, how affected. Act 2383, §§ 3, 4. Consolidation, debts, provision for payment of, Act 2383, § 4. Consolidation, effect of. Act 2383, § 3. Consolidation, effect of and rights and liabilities on, Act 2383. Consolidation, election for. Act 2383, § 2. Consolidation, expenses of, Act 2383, § 6. Consolidation of certain city offices. Act 4043. Consolidation, offices, election of. Act 2383, § 2. Consolidation, officers, surrender of possession by. Act 2383, § 8. Consolidation, ordinances, effect on. Act 2383, § 3. Consolidation, proceedings for. Act 2383, § 2. Consolidation, procedure. Act 2383. Consolidation, provision for payment of debts, Act 2383, § 4. Consolidation, title to municipal property in case of. Act 2383, 5 3. Consolidation under municipal corporation bill. Act 2348. Consolidation, when deemed complete. Act 2383, § 2. Contracts for lighting streets and public buildings. Act 2340. Conveyances for charitable or educational purposes, ratification of, Act 2382. Debt, adjustment on exclusion of territory. Act 2376. Debt, authorized to incur for waterworks, sewers, etc.. Act 2361. Debt, for assembly or convention hall, incurring of authorized. Act 2372. Debt for improvements, incurring of authorized. Acts 2369, 2371, 2900, § 1. Debt for improvements, limit on. Act 2371, §§4, 5. Debt, incurred in 1889 and 1890, cities of certain class authorized to vote on question of paying. Acts 2370, 2825. Debt, supervisors authorized to refund. Act 362. Debt, refunding and issuing bonds in cities other than first class, Acts 2367, 2368. Donations to, receipt and appropriation of. Acts 1355, 2338, 3782. Drawbridges, cities authorized to maintain, Act 418. Duplicate bonds, warrants or securities, issuance of where originals defaced or mutilated. Act 440. Elections, conduct of where held separate from state elections. Act 367. Election day, supervisors authorized to declare a holiday. Act 1469. Estrays, laws relating to do not affect impounding laws in, Act 1060, § 9. Exclusion of territory, division of property on. Act 2376. Exclusion of territory from Acts 2373, 2375, 2376, 2379. Exclusion of territory, indebtedness, adjustment of on. Act 2376. Exhibition of agricultural, horticultural or botanical products, ciiies authorized to acquire property for purpose of, Act 2387. 1644 INDEX. MUNICIPAL CORPOEATIONS. (Continued.) Exhibitions of products, authorized to acquire lands for, Act 2387. Fares, rates of on street railroads in cities over 100,000, Act 2929. Fences, partition and division, height of in cities. Act 1139. Fire departments, increasing efficiency of, Act 1182. Fire department. See Fire Department. Fiscal year, changing in cities operating under charters, Act 1193. Franchises for paths and roads for bicycles and horseless vehicles, Acts 1234. 14C4. Franchise for street railroads, limit of time for granting, Act 1233. Franchises, sale or granting of, Acts 1229-1234. Franchises to construct railroads beyond city limits to public parks. Act 2930. Franchises. See Franchises. Freeholders, election of, Acts 367, 1014. Gas, quality, standard and price of in cities over 100,000, Act 3236. Gifts and bequests, authorized to receive. Act 1356. Gifts, authorized to receive. Acts 802, 1356. Gift, authorized to obtain lands for cemeteries by. Act 2381. Gravel-beds and quarries, leasing, purchasing and operating by cities, Act 2365. Gravel-beds, authorized to purchase, own, lease and operate. Act 2365. Highways or boulevards, state, construction and maintenance of in cities author- ized, Act 2386. Highways within city limits, cities authorized to improve and issue bonds for, Act 1448. Hospital, cities of first class authorized to erect and levy tax for, Acts 1522, 2343. Hours of labor. See Hours of Labor. How entitled. Act 2348, § 300. Improvements, additional bonds requiring of treasurer. Act 2900, § 11. Improvements, debt, incurring of authorized. Acts 2369, 2371, 2900, § 1. Improvements, disposal of surplus funds. Act 2346. Improvements, incurring indebtedness for, procedure, Act2900, §§1, 2. Improvements, letting of contracts. Act 2900, § 10. Improvements, limits of indebtedness. Acts 2371, § 4; 2900, § 5. Improvements, plans, and estimates of, Act 2900, § 4. Improvements, publication of intent to incur indebtedness for. Act 2900, S S. Improvements, rules governing and superintendence of. Act 2900, § 9. Improvements, special tax for. Acts 2344, 4042. Incorporation and organization, validating. Acts 2331, 2354, 2355. Incorporation under municipal corporation act, authentication of, Act 2348, §§ 3, 4. Incorporation under municipal corporation act, certificate of, filing with secretary of state. Act 2348, §§3, 4. Incorporation under municipal corporation act, complete, when. Act 2348, §§3, 4. Incorporation under municipal corporation act, effect on and duties of of&cers, Act 2348, §§4, 6. Incorporation under municipal corporation act, elections. Act 2348, §§2, 3, 4. Incorporation under municipal corporation act, officers, entry of on duty and elec- tion of. Act 2348, §§3, 4. Incorporation under municipal incorporation act of incorporated cities, effect of and duties of officers. Act 2348, § 5. Incorporation under municipal corporation act of incorporated city, procedure, Act 2348, § 4. Incorporation under municipal corporation act, petition. Act 2348, §2. Incorporation under municipal corporation act, powers on, Act 2348, § 1. Incorporation under municipal corporation act, procedure on, Act 2348, § 2. Incorporation under municipal corporation act, right of, Act 2348, § 1. INDEX. 1645 MTJITICIPAL COEPOEATIONS. (Continued.) Indebtedness, adjustment, payment and settlement of on exclusion of territory from, Act 2376. Indebtedness, incurring for public improvements, Act 2900. Indebtedness, incurring for waterworks and sewers, Act 2361. Investme;it of mone-ys in sinking fund of in bonds. Act 1284. Italian interpreter, appointment of in cities of 100,000, Act 1680. Joint ownership of water supply by cities, Act 2362. Judgments against cities, and cities and counties, payment of, Act 1746. Judcrments against cities and counties over 100,000, how paid, Acts 800, 1747. Judicial notice of existence of, Act 2348, § 3. Lease of property of veterans by county, city and county or town authorized. Act 42S7. Leases of tide or submerged lands of state by approved. Acts 2383, 2385. Licenses to sell, voters of cities permitted to vote on question of granting, Act 1687. Licensing of bicycles, tricycles, etc., authorized, Acts 1942, 2345. Lighting of streets, lanes, etc., acts providing for, Act 2333. Lighting of streets, lines, etc., assessment of -property benefited. Act 2333. Lighting streets and public buildings, letting of contracts for, Act 2340. Mayors of cities over 10,000 not required to act as city judge or justice of the peace. Act 2145. Merged cities and counties of 100,000 inhabitants, incorporation and government of. Act 2339.: Mobs or riots, liability for injuries caused by. Act 2251. Municipal water district, incorporation, organization and management of, Act 2390. Museums, authorized to acquire lands for erection of. Act 2887. Museums, establishment and maintenance of in, Act 2876a. Names, change of, authorized, Act 2384. Names, change of by cities other than freeholder charter cities authorized, Act 2384. Names, change of by cities other than freeholder charter cities, procedure, Act 2384. Names, change of, procedure, Act 2384. Officers of. See Particular Officer. Ordinances. See Ordinances. Organization and incorporation, validating, Acts 2332, 2354, 2355, 2355a. Organization, incorporation and government of, Act 2348. Parks. See Public Parks. Payment of materialmen and laborers on public works, securing, Act 2895. Pesthouses within cities, establishment of prevented. Act 2646. Police courts in. See Police Courts. Police judge, appointment of in cities where no provision made for appointment in charter. Act 2744. Police. See Police Department. Power plants, granted ricchts of way over state lands for, Act 2388. Premium on official bond, payment of by, Act 379. Prisons, consolidated cities and counties over 100,000 authorized to alter, Act 3284. Protection from overflow by water, issuance of bonds for. Act 2366. Protection of growing timber on public grounds. Act 1402. Public buildings, cities over 100,000 authorized to condemn land for and erect. Act 2364. Pablie buildings, regulation of erection of, Act 2896. 1646 INDEX. MUNICIPAL CORPOEATIONS. (Continued.) Public buildings, unfinished, change of plans. Act 2899. Public buildings, unfinished, completion of, Act 2898. Public buildings. See Public Buildings. Public parks. See Public Parks. Public works, minimum compensation for labor on, Act 2894. Public works. See Public Works. Quarries, authorized to lease, purchase, own and operate. Act 2365. Railroads, street, limit of time for granting franchise. Act 1233. Railways, street, sale of franchises for in. Acts 1.229-1232. Reorganization, effect on and duties of officers, Act 2348, §§4, 6. Reorganization of, Act 2347, § 3. Reorganization of incorporated city under municipal corporation bill. Act 2348, §§4, 5. Reorganization under general law and abandoning charter. Act 2359. Reorganization, validation of. Acts 2356, 2357, 2358, 2358a. Registrar of vital statistics, city clerk to act as. Act 2348, § 9. Registrar of vital statistics, city recorder to act where no city clerk. Act 2348, § 9. Resolutions to be presented to mayor, Act 2583. Road tax cannot be levied in, Act 110, note. Sewer districts, establishment and maintenance of adjacent to, Act 2343, Sewer districts in, establishment of. Act 3597. Sewers, etc., authorized to incur debt for. Act 2361. Sewers, construction of in. Act 3930. Sewers, incurring indebtedness for, Acts 2361, 2900. Sewers. See Sewers. Shade trees in, planting and care of. Act 2341. Spur tracks, construction of, supervisors may authorize. Act 2334. Spur track, permit revocable, Act 2334. Street railroads, limit of time for granting franchise. Act 1233. Street railways in, sale of franchises for, Acts 1229-1232. Streets. See Streets. Supervisors. See Supervisors. Taxes, levy and collection of, in cities other than first class. Act 4043. Taxes, levy and collection of, in cities other than first, second, third or fourth class, or cities acting under charter, Act 4044. Tax, special, for improvements. Acts 2344, 4042. Tax, special, levy of for special public improvements. Act 2344. Territory, exclusion of, from. Act 2379. Trees, shade, in, planting and care of. Act 2341. Trusts relating to town lands granted to cities by act of Congress, execution of, Acts2335, 2336. Unincorporated towns, establishment of libraries by. Act 1249. Unincorporated towns, formation of library districts. Act 1249. Validating organization and incorporation of, Acts 2332, 2354, 2355, 2355a. Validation of acts of. Acts 2354, 2355. Validation of reorganization of, Acts 2356, 2357, 2358, 2358a. Warrants, mutilated or defaced, issuance of duplicates. Act 440, Water, cities owning authorized to sell excess. Act 2363. Water, overflow from, bonds for construction of works to protect from. Act 2366. Water, water rights and reservoir sites, authorized to acquire. Act 2337. Waters, municipal water district, incorporation, organization and management of, Act 2390. Waterworks, authorized to incur debt for. Acts 2361, 2900. INDEX. 1647 arUNICIPAL CORPOKATIONS. (Continued.) Waterworks, cities autliorized to acquire and operate Joint system of water supply, Act 2362. Waterworks, cities of first class authorized to obtain. Act 2360. Waterworks, right of cities to take material and water from state lauds in con- structing, Act 2388. Waterworks, right of way granted over state lands for purposa of, Act 2388. Weeds, eradication of certain, in. Act 3925. Cities of Particular Classes. Cities of First Class, a. Generally. Authorized to obtain waterworks, Act 2360. Authorized to erect a hospital and levy a tax therefor. Act 1522. Authorized to pay rent and salaries out of general fund. Act 3209. Fire department in. See Fire Department. Police department in. See Police Department. What cities are. Act 2347, § 1. b. Under Municipal Incorporation Bill. Actions by and against. Act 2348, § 19. Advertising, letting out contracts for on bids, Act 2348, § 106. Appropriation bills, passage of. Act 2348, § 61. Bids, power to reject. Act 2348 § 107. Board of education, estimates by, Act 2348, § 270. Books of officers of, inspection of and copies from. Act 2348, § 95. Claims against, division of forbidden. Act 2348, § 61. Claims against for over $500, prohibition against and punishment for splitting up, Act 2348, § 61. Contracts, failure to complete, calling for new bids. Act 234S, § 107. Contracts, how made in. Act 2348, § 107. Debt, limitation on power of officers to contract. Act 2348, § 53. Demands, auditing of. Act 2348, §§ 90-94. Demand, illegal, penalty for allowing. Act 2348, § 95. Demands, investigation of nonpayment of. Act 2348, § 97. Demands, one-twelfth act. Act 2348, §§ 102-105. Demands, payment or registry of. Act 2348, § 96. Demands, remedy on rejection of. Act 2348, §§ 99, 100. Entitled, how, Act 2348, § 19. Executive department, particular officer. See particular title. Fire department in. See Fire Department. Funds in, and how used and applied. Act 2348, §§ 90, 91. Names of. Act 2348, § 19. Not liable for injuries in streets. Act 2348, § 87. Officers, bonds of. Act 2348, § 24. Officers, fees, compensation and allowances generally, Act 2348, §§ 23, 25. Officers of generally. See Offices and Officers. Officers of, office hours, Act 2348, § 21. Officers of, names, numbers and terms of. Act 2348, § 20. Officers of, terms of office. Act 2348, § 20. Offices in, vacancies, filling of, and term of office and bond of appointee, Act 2348, § 22. Particular officers of. See particular title. 164g INDEX. BIUmCIPAL CORPORATIONS. (Continued.) Payment and registry of demands and investigation of nonpayment, Act 2348, §§ 96, 97. Payments not to be made unless authorized, Act 2348, § 91. Perpetual succession, Act 2348, § 19. Police department in. See Police Department. Printing, letting out on bids. Act 2348, § 106. Property rights of, Act 2348, § 19. Reorganizing under municipal corporation bill, provision for debts of former city, Act 2348, § 286. Seal, Act 2348, § 19. Streets in. See Streets, II. Supervisors. See Supervisors. Cities of One and One-half Class. What cities are. Act 2347, § 1. Cities of Second Class, a. Generally. What cities are, Act 2347, § 1. b. Under Municipal Corporation Bill. Bonds, how paid, Act 2348, § 331. City engineer, appointment and duties, Act 2348, § 377. Debts in execss of funds, how incurred and paid. Act 2348, § 329. Debts, limit upon amount of, Act 2348, § 328. Debts, warrants not to be drawn if no funds, Act 2348, § 328. Demands, allowance of. Act 2348, § 371. Pees, percentages and moneys received by officers to be paid into treasury. Act 2348, § 303. Funds, separate, Act 2348, § 330. Gas and water, capacity of pipes and regulations as to laying. Act 2348, § 359, Judicial power of. See Police Court. Lease of city property, manner of. Act 2348, § 322. Name of. Act 2348, § 300. Not liable for injuries from defects in street. Act 2348, § 376. Officers of and time of election of. Act 2348, § 301. Particular officers. See particular title. Powers of generally. Act 2348, § 300. Reports of officers. Act 2348, § 379. Salaries of officers of. Act 2343, § 307. Sale of city property, manner of, Act 2348, 5 322. Sales and leases of city property. Act 2348, § 322. Seal, Act 2348, § 300. Cities of Third Class, a. Generally. Debt incurred in 1889 and 1890, authorized to vote on question of paying. Act 2370. What cities are, Act 2347, § 1. b. Third Class Under Municipal Corporation Bill. City printing, to be let out by contract. Act 2348, § 536. Contract, bids, power to reject, Act 2348, § 536. Contract, in excess of five hundred dollars, how entered into. Act 2348, § 53o. INDEX. 1649 MUNICIPAL COEPOEATIONS. (Continued.) Contracts for printing and advertising, Act 2348, § 536. Contracts, officers not to be interested, Act 2348, § 591. Contract, public work to be done by, Act 2348, § 536. Debt in excess of available money. Act 2348, § 527. Debt in excess of available money, how incurred and payment of, Act 2348, J 528. Demands, procedure on. Act 2348, § 526. Elections in, Act 2348, § 507. Eligibility of officers. Act 2348, § 508. Government of, in whom vested, Act 2348, § 501. How entitled. Act 2348, § 500. Judicial department of. See Police Courts, V. Judicial power vested in police court, Act 2348, §§ 560-563. See Police Court- Name of. Act 2348, § 500. Museums, establishment and maintenance of in. Act 2876a. Officers collecting moneys, settlements, Act 2348, § 590. Officers, duties and compensations prescribing and fixing, Act 2348, § 553. Officers of. Act 2348, § 501. Officers, supervisors appoint what. Act 2348, § 503. Officers, vacancies, filling of and term of appointee, Act 2348, § 505. Particular officers. See particular title. Powers generally, Act 2348, § 500. Public work not to be done by contract. Act 2348, § 536. River and harbor improvement fund in, Act 2348, § 535. Seal of. Act 2348, § 500. Cities of Fourth Class. a. Generally. What cities are, Act 2347, § 1. b. Under Municipal Corporation Bill. Contracts for work, how let. Act 2348, § 628. Demand against. Act 2348, § 624. Expenditures, excessive, void. Act 2348, § 626. Expenditures in excess of income, how incurred, Act 2348, § 625. Expenditures, limit upon. Act 2348, § 625. Fiscal year, when begins. Act 2348, § 644. Funds and disbursements of. Act 2348, § 640. How entitled. Act 2348, § 600. indebtedness not to exceed means in treasury. Act 2348, § 623, Wame of. Act 2348, § 600. Officers, compensation, additional, not allowable, Act 2348, § 610. Officers enter on duties when. Act 2348, § 005. Officers of, duties and compensation of. Act 2348, § 601, Officers of enumerated, Act 2348, § 601. Officers, vacancies in and filling of. Act 2348, §§ 605, 606. .Particular officers. See particular title. Powers of, generally. Act 2348, § 600. Qualification of officers. Act 2348, § 605. Wards, Act 2348, § 611. Gen. Laws — 104 MUNICIPAL CORPORATIONS. (Continued.) Cities of Fifth Class. a. Generally. Museums, establishment and maintenance of in, Act 2876a. What cities are, Act 2347, § 1. b. Under Municipal Corporation Bill. Assessment and collection of taxes in, Act 2348, § 773. Compensation of officers, Act 2348, § 755. Contracts, officers not to be interested in, Act 2348, § 811. Demands, auditing and payment, Act 2348, § 766. Fire department of, Act 2348, § 813, Funds, Act 2348, §§ 775, 776. How entitled, Act 2348, § 750. Indebtedness, excess of, incurring, manner of and payment of, Act 2348, § 768. Indebtedness not to exceed moneys provided, Act 2348, § 767. Judicial notice of, Act 2348, § 765. Name of. Act 2348, § 750. Office, eligibility to. Act 2348, § 757. Officers collecting money, settlements, Act 2348, § 810. Officers of. Act 2348, § 751. Officers, particular officer. See particular title. Ordinances, violation of, punishment and proceedings. Act 2348, § 769. Poundmaster, supervisors may appoint. Act 2348, § 752. Powers of boards of trustees. Act 2348, § 764. Powers of generally. Act 2348, § 750. Printing and advertising, how contracted for, Act 2348, § 777, Public works, how contracted for, Act 2348, § 777. Public work to be contracted for, Act 2348, § 777. Recorders courts in. Act 2348, § 806. River and waterfront improvement fund in. Act 2348, § 776. Seal of, Act 2348, § 750. Cities of Sixth Class. a. Generally. Disincorporation of, provisions for, Act 2351. Disincorporation, ownership of property and winding up affairs on. Act 2353. Election of officers, enabled where city without officers. Act 2350. Organization and incorporation validated. Act 2349. Population of cities, determination of, Act 2353. Reorganization of. Act 2352. What cities are. Act 2347, § 1. b. Under Municipal Corporation Bill. Contracts, how entered into. Act 2348, § 874. Contracts, officers not to be interested in, Act 2348, § 886. Contracts, president to sign. Act 2348, § 875. Demands against. Act 2348, §§ 864, 865. General fund, what moneys paid into. Act 2348, § 873. How entitled, Act 2348, § 850. Indebtedness, excess in incurring, manner of and payment, Act 2348, § 866. Indebtedness not to exceed available funds. Act 2348, § 865. Issuance of subpoenas, attachment, penalty, etc.. Act 2348, § 862, subd. 17. Levy and collection of taxes in, Act 2348, § 773. MUNICIPAL CORPORATIONS. (Continued.) Name of, Act 2348, § 850. Officers of, Act 2348, § 851. Powers of generally. Act 2348, § 850. Printing and advertising, contract for how entered into, Act 2348, § 874. Provision relating to parks in. Act 2348, § 862, subd. 4. Public work to be done by contract on bids, Act 2348, § 874. Recorder's courts in, Act 2348, § 882. Right of, to acquire and maintain cemeteries. Act 2348, § 862, subd. 12. Rights of way, acquiring in. Act 2348, § 870. Warrants on treasury, president to sign, Act 2348, § 875. MUNICIPAL WATER DISTRICTS. Organization, incorporation and management of, Act 2390. MURDER. Public executions abolished, Act 864. MUSEUMS. See Public Museums. Assumption of control by trustees. Act 4164. Cities and counties authorized to acquire lands for erection of, Act 2387. Gifts and donations to, encouragement and protection of. Acts 4162, 4163. Relinquishment of rights in by founder or wife. Act 4164. Trusts for benefits of, creation of, Acts 4162, 4163. Trusts for benefit of, determination of validity authorized, Act 4165. MUTUAL FIRE INSURANCE COMPANIES. Organization and management of. Act 1672. MUTUAL LIFE INSURANCE COMPANY. See Insurance. N NAMES. Aliens declaring intention, names of to be indexed. Act 123, Brazos del Rio changed to Rio Vista, Act 413. Change of by cities other than freeholder charier cities. Act 2384. Conveyances by persons whose names are changed. Act 904. Dorris Bridge, town of, name changed to Alturas, Act 970. Fiddletown, name changed to Oleta, Act 1163. High school districts, change of name of, Act 3580. Lexington, name changed to El Monte, Act 1926. Mendocino State Asylum, name changed to Mendocino Asylum, Act 1630, Mokelumne Hill, name changed to Lodi, Act 2271. Municipal corporations, charge of name by, Act 2384. New Republic, name changed to Santa Rita, Act 2479. New San Pedro, name changed to Wilmington, Act 2434, Redding changed to Reading, Act 3000. Rough and Ready, Siskiyou County, name of, changed to Etna, Act 3033. School districts, names of, changing. Act 3568. Trade names, act concerning, Act 4120. Trees, seeds, plants, etc., false naming of, penalty for. Act 1510. Trees, seeds, plants, etc., provision for naming of. Act 1510. Union high school districts, change of name of, Act 3580. Union, name changed to Areata, Act 4209. NAPA CITY. Charter of, Acts 2388, 2393a. 1652 INDEX. NAPA CITY. (Continued.) Incorporation of, Act 2391. Reincorporation of, Acts, 2391, 2392. Water supply for, Act 2393. NAPA COUNTY, Animals, estrays in, Act 2399. Animals, trespassing, in. Act 2400. Animals, wild, destruction of in, Act 188. Assessor, Act 2395. Boundary, northern, of. Acts 817, 2397. Classification and population of. Act 837, §§ 10, 157. Courthouse, building and furnishing of. Act 2396. Great register in dispensed with in certain elections, Act 2398. Jail in, building and furnishing of. Act 2396. Notarial acknowledgments by N. M. Bonham legalized, Act 2394. Notaries, additional, for, Act 2501. Officers, deputies and assistants of, and salaries, fees and allowances of, Act 837, § 184. Officers, salaries and compensation of certain. Act 2402. Population of. Act 837, § 10. Prisoners, supervisors authorized to put at work, Act 2403. Protection of fish and game in. Act 1318. Records of, transcribing and preservation of certain. Act 2405. Roads in, establishment and maintenance of. Act 2406. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Squirrels and gophers, destruction of. Act 188. St. Helena, incorporation of, Act 3894. Supervisors of, reorganizing. Act 2407. Surveyor, fees of, fixing, Act 2408. Suscol rancho, title to lands in, quieted. Act 2409. Swamp land fund, transfer of to general fund authorized, Act 2401. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. NAPA INSANE ASYLUM. See Insane Asylums. NAPA LADIES' SEMINARY. Authorized to grant diplomas, Act 2417. NAPA RIVER. Bridge across at Napa City, construction of, Act 2419. Fish in, destruction of prevented. Act 1329. Navigability of, Act 4358. NATIONAL GUARD. Appropriation for payment of expenses of for April-June, 1906, Act 2430. Armory for, erection of in Los Angeles, Act 2433. Armory for, erection of in San Francisco, Act 2431. Armory, governor's mansion fitted up for. Act 1383. Camp of instruction, acquisition by donation of site for authorized. Acts 2426, 2428. Camp of instruction, encampments to be held at. Act 2427. Camp of instruction, establishment of. Act 2426. Expenses for in case of insurrection, invasion, tumult, riot, etc.. Act 2432. INDEX. 1653 NATIONAL GUARD. (Continued.) Independent and unattached companies of and allowances for support of, Act 2425. Inspectors of rifle practice, duties of. Act 2424. Los Angeles, erection of armory for in, Act 2433. Naval battalion. See Naval Battalion. San Francisco, armory for, erection of, in, Act 2431. Spanish-American war, members of national guard serving In, rights of, Act 2429. NATURALIZATION. See Aliens. Indexing names of persons declaring intention or becoming citizens, Act 2434. No fees to be charged. Acts 837, § 227. Prepayment of fees not necessary in, Act 837, § 221. NAVAL BATTALION. Attached to national guard. Acts 2439, 2440. Establishment of, Acts 2439, 2440. NAVIGABLE STREAMS. See Waters. NAVIGABLE WATERS. See Waters. NAVIGATION. Buoys and beacons, protection of. Acts 432, 2445, 4354. Governor authorized to convey to United States sites for lighthouses, Acts 1956, 2446. Sparli-catchers, use of on streamers, Act 3888. Yacht clubs. See Yacht Clubs. Wrecks. See Wrecks. NAVY, See Soldiers and Sailors; Veterans' Home; Woman's Relief Corps. NEGLIGENCE. Compensation for causing death by wrongful act or neglect, Act 2451. Spark-catchers, use of on steamers. Act 3888. NEGOTIABLE INSTRUMENTS. Act relating to bills of exchange and promissory notes, Act 344, NEUCES CREEK. Contra Costa County, declared navigable. Act 2456. NEVADA CITY. Incorporation, Act 2461. Railroad from Colfax to. Act 2918. NEVADA COUNTY. Classification and population of, Act 837, §§ 10, 157. Colfax to Nevada City, railroad from, Act 2918. Criminal cases, fees and mileage in, Act 2466. Deeds, manner of indexing, Act 2470. Fees and mileage in criminal cases. Act 2466. Fences, division, in, Act 1138. Fences in, Acts 1134, 1135. Fences, lawful, in. Act 2467. Firemen, exemption of from poll tax, Act 4063. Game in, protection of. Act 1311. 16541 INDEX. NEVADA COUNTY. (Continued.) Growing timber on private grounds destruction of prevented, Act 1577. Hunting on private inclosed grounds in, prevention of, Act 1577. Nevada school district, establishment, powers and duties of board of education of, Act 2472. Officers, deputies and assistants, and salaries, fees and allowances, Act 837, § 178. Officers of, salaries of. Act 2468. Population of. Act 837, § 10. Records, indexing of certain deeds, manner of, Act 2470. Records of validated, Act 2469. Roads in, location, construction and maintenance of, Act 2471. Stallions prevented from running at large in, Act 1068. State highway from Emigrant Gap, Placer County, to Donner Lake, Nevada County, Act 1457a. Supervisors authorized to remove bodies of certain deceased persons, Act 2474, Supervisors, quarterly meetings of, Act 2473. NEW REPUBLIC. Name changed to Santa Rita, Act 2479. NEW SAN PEDRO. Name of changed to Wilmington, Act 2484. NEWSPAPERS. Deposit in public libraries of newspaper files in recorders' offices, authorized. Act 1250. NEW TRIAL. Bill of exceptions or statement, destruction of, extension of time to prepare. Act 435. Bill of exceptions or statement, destruction of, proceedings on, Act 435. Granting of where bill of exceptions or statement destroyed by conflagration. Act 435. NONUSER. Dissolution of reclamation and protection districts for. Act 4026. Dissolution of reclamation districts for nouuser of corporate powers, Acts 2803, 2974. NORMAL SCHOOLS. See Schools. San Francisco, site and building for. Act 3535. NORTH BEACH AND MISSION RAILROAD COMPANY. Certain privileges granted to. Acts 2489, 2490, 3260, 3261. NORTH SAN FRANCISCO HOMESTEAD AND RAILROAD ASSOCIATION. Commissioners of swamp and overflowed lajids authorized to convey lands to, Act 2495. NOTARIES. Duties of defined. Act 2502. Officers, certain, not eligible to appointment. Act .''o7, § 65. Particular counties, notaries in. See particular title. NOTICES. Constable, authority of to serve, Act 837, § 153. INDEX. 1855 NOTICES. (Continued.) Definition of notice, Act 837, 5 88. Failure of officer to publish, a misdemeanor. Act 837, 8 57. Includes what. Act 837, § 88. Ownership of real property, notice of, filing of, Act 437. Proceedings before supervisors, notice of where posted. Act 83 7, 5 <17. Publication of, fees to be paid in advance, Act 837, § 57. Record of decree in partition as notice. Act 837, § 124. Returnable to another county, how returned, Act 837, § 90. Return, failure to make, liability of sheriff. Act 837, § 92. Service of by constable outside of township, effect of. Act 837, 5 153, Sheriff, duties and liabilities regarding, Act 837. S5 89 et seq. NOVATO CREEK. Declared navigable, Act 2505. NUECES CREEK. Declared navigable, Act 2506. NUISANCE. Cities of first class, abatement in where owner nonresident or cannot "be found. Act 2348, § 193. Cities of third class, nuisances in and remedies for. Act 2348, § 530. Cities of fifth class, what are in, Act 2348, §§ 770, 812. Cities of fifth class, abatement of, Act 2348, §§ 770, 812. Cities of sixth class, what are in, Act 2348, § 868. Cities of sixth class, abatement of in. Act 2348, § 868. District attorney to bring suits to abate. Act 942. Establishment of pesthouses within cities prevented, Act 2646. Garbage crematories, regulation of operation of, Act 2828. Houseboats on rivers or streams. Act 4368. Public, district attorney to bring suits to abate, Act 2503. Public, prevention of. Act 2507. Rats, property infested with. See Rats. Rodents, property infested with. See Rats. Sewers, vaults, privies, etc., on rivers and streams, when are. Act 4368. Act governing occupation of nursing, Act 2508a. Army, home for. Act 3694. Examination of nurses. Act 2508a. Founding, endowment, erection and maintenance of school for, trust for, Act 151 Issuance of certificates of registration as registered nurses, Act 2508a. Penalties for violating statute relating to nursing. Act 2508a. Promotion of better education of practitioners of, Act 2508a, Qualifications of nurses, Act 2508a. o OAKLAND. Alameda, OaKiand and Piedmont Railway Company, certain privileges granted Act 2511. Assessor of township of, compensation of. Act 2513. Assessor, salary of, Act 2512. Board of education, powers of fixed and limited, Act 2525. Bonds, common council authorized to issue, Act 2517. 1656 INDEX. OAKLAND. (Continued.) Bonds, issuance and sale of to cancel other bonds, Act 2515. Bonds, issuance of to pay floating debt, Act 2516. Bridge across San Antonio estuary authorized. Act 2518. Charter of. Act 2509. Debt, floating, issuance of bonds to pay, Act 2516. Debt, incurring of prevented. Act 2516. Elections in, time for holding. Act 2519. Fairs, state agricultural society authorized and empowered to hold In Oakland, Act 2532. Gas-pipes in, laying of, Act 2520. Harbor, construction of facilitated, Act 2521. Incorporation of, Act 2510. Ladies Relief Society, common council authorized to pay police court fines to, Act 2514. Lake Merritt, destruction of fish and game in prevented, Act 1317. Lands, certain, granted to, Act 2524. Oakland Benevolent Society, common council authorized to pay police court fines to. Act 2514. Ordinance abandoning certain streets ratified, Act 2522. Ordinances ratified in respect to the penalties,, Act 2523. Receiving hospital, supervisors to establish in Oakland, Act 103. Road tax to be paid to city treasury. Act 110. Salt marsh and tide lands granted to, Act 2524. San Antonio estuary, bridge across authorized. Act 2518. Sewers, construction of main sewer authorized, Act 2526. Streets in, opening of. Acts 2527, 2528. Streets, ordinance abandoning certain, ratified. Act 2522. Superintendent of schools, salary of. Act 2525, Wards, districting city into. Act 2529. Water-pipes in, laying of. Act 2520. Water supply, authorized to obtain, Act 2530. Waterworks, acquiring and maintaining. Act 2531. OAKLAND BENEVOLENT SOCIETY. Common council authorized to pay police court fines to. Act 2514. OATHS. Consolidation of offices, oaths of officers on. Act 837, § 55. Oath of office, no fee for administering or certifying. Act 837, § 227. Officers in cities of first class, what may administer. Act 2348, § 95. Officers, what may administer. Act 837, § 63. OCULISTS. See Optometry. ODD FELLOWS. Corporate powers, right to assume, to erect Odd Fellows' halls, Act 2536. Trustees authorized to lease a lot in San Francisco, Act 2537. OFFICES AND OFFICERS. See Federal Officers. Absence of officer from state. Act 837, § 64. Aliens not to be appointed to office, Acts 126, 127, 2543. Aliens not to be employed in public offices, Acts 126, 127, 2543, Bonds of. See Bonds. Candidates, certain acts prohibited, Act 2547. INDEX. 1667 OFFICES AND OFFICERS. (Continned.) Candidates, protection of, Act 2547. Certificates, issuance of duplicates where originals destroyed, Act 441. Cities of sixth class, power of supervisors to appoint and fix compensation. Act 2348, §§ 852, 855. Citizens only to be employed in public service. Acts 126, 127, 2543. Claim against county, illegal allowance, duty of district attorney, Act 837, § 8. Claims against county, liability of officer allowing without authority. Act 837, S T. Claims against counties, officers charged with notice of extent of. Act 837, § 6. Claims, officer not to present or advocate of another officer. Act 837, § 39. Consolidated, county offices, what may be consolidated, Act 837, § 55. Consolidation and abolition of certain city offices. Act 4043. Consolidation of certain offices. Act 837, § 55. Consolidation of cities, effect of on officers, Act 2348, § 8. Consolidation of offices, oath, bond, duties and compensation on, Act 837, 5 55. Consolidation, separation and reconsolidation of offices. Act 837, § 55. Conspiracy to commit any crime against certain state, federal or territorial offi- cial, punishment of. Act 693. Contracts by officers, ratification, Act 2546. Copies of books, documents, maps or records which have been destroyed by con- flagration. Act 442. County officers enumerated. Act 837, § 55. County, officers hold until successors elected and qualify, Act 837, § 58. County officers, time of election of. Act 837, § 58. County officers, when take office. Act 837, § 58. County officers, what officers ineligible to act as notary, Act 837, § 65. Debts against state in excess of appropriation, creation of prohibited. Act 2826, Deputies, number of and appointment of, Act 837, § 59. Deputies, oath of. Act 837, § 59. Deputies, officers when to pay. Act 837, § 215. Deputies, power given principal includes, Act 837, § 60. Educational offices, women eligible to. Acts 2542, 3576. Election of. See Elections. Eligibility to county, district or township office, Act 837, § 54. Exchange of commodities between public institutions, Act 2845. Ex officio officers, signature of. Act 2550. Failure of officer to perform duty where fees tendered, liability, Act 837, § 222. Fees, commissions and percentages, manner of paying in cities and cities and counties over 100,000, Act 1121. Fees, illegal, supervisors to remove officers collecting. Act 837, § 225. Fees of. Act 1119. Fees of county, township and other officers. Act 1123. Fees, payment of into salary fund. Act 837, § 219. Fees, statement of and affidavit. Act 837, § 218. Fees, statement of to precede warrant for salary. Act 837, § 221. Fees, what and when to be paid to county treasury. Act 837, §§ 216, 218. Fees. See Fees. Gifts and bequests, authorized to receive, Act 1356. Hours of labor. See Hours of Labor. Inmate of institutions not to make articles for officers, Act 2551. Intoxication of officers. Act 2548. Leases and other contracts by officers, ratification of. Act 2546. Liability on failure or refusal to perform official duty, Act 837, § 222. Notieea. See Notices. 1858 INDEX. OFFICES AND OFFICERS. (Continued.) Oath of office, no fee for administering or certifying, Act 837, § 227t Oatlis, what officers may administer. Act 837, § 63. Office hours, Act 837, § 61. Offices of county to be at county seat. Act 837, S 61, Office, term of. Act 837, § 58. Payment into state treasury of moneys received by state institutions, commissions and officers. Act 1279. Preference to ex-union soldiers, sailors and marines. Acts 2893, 3695. Public institutions, exchange of commodities between, Act 2845. Qualifying, removal for want of, enjoined when. Act 2552. Qualifying, removal for want of, unlawful when. Act 2552. Ratification of leases made by officers for terminal facilities, Act 1890. Removal of, for violation of official duty. Act 2545. Reorganization of city, effect on officers and duties of. Act 2348, §§ 4, 8. Retaining part of wages of laborers on public works a felony, Act 2549. Retaining portion of salary of subordinate officers a felony, Act 2549. Roster of officers, compilation, printing, binding, publishing and distribution of. Act 349. Salaries, Act 1119. Salaries and fees provided are in full compensation for all services. Act 837, § 215. Salaries, change in, effect on incumbents, Act 837, § 233. Salaries, effect of division of county on, Act 837, § 231. Salaries of officers of particular counties. See particular title. Salaries, where and how paid. Act 837, §§ 156, 220. Salary fund, deficiency of, transfer of funds to. Act 837, § 219. Salary fund, payment of fees into. Act 837, § 219. Separation of offices, authority of supervisors, Act 837, § 55. Signatures of ex officio officers. Act 2550. State, power of officers to absent themselves from. Act 837, § 64. Subordinate, retaining portion of fees of or salaries of, Act 2549. Successor must complete unfinished work of predecessor, Act 837, § 226. Successor, services performed by, liability for. Act 837, § 226. Supplies for state officers, powers and duties of board of examiners. Act 359. Township officers, hold until successor elected and qualify, Act 837, § 58. Township officers, time of election of. Act 837, § 58. Township officers, when take office. Act 837, § 58. Township officers, who are. Act 837, § 56. Treasury, county officers charged with notice of condition of. Act 837, § 6. Vacancies, supervisors may fill what. Act 837, § 25, subd. 19. Vacations for state officers, provision for. Act 2553. Women, eligibility of. Act 837, §54; Act 3576, Cities of particular classes. First class, annual reports, what officers to make, Act 2348, § 29. First class, bonds of officers. Act 2848, § 24. First class, books of officers of, inspection of and copies from. Act 2348, § 95. First class, compensation not to be increased or reduced during term. Act 2348, § 26. First-class, demand against city, not audited in what cases. Act 2348, § 91. First class, demand not audited for time he is absent without lawful cause. Act 2348. First class, difference as to duties referred to city attorney, Act 2348, §28. First class, duties relative to contracts. Act 2348, § 204. INDEX. 1659 OFFICES AND OFFICERS. (Continued.) First class, duties under one-twelfth act, Act 2348, 5§ 102-105. First class, effect of organizing under municipal corporation bill, on, Act 2348, § 286. First class, fees, compensation, expenses and allowances. Act 2348, § 23. First class, limitation on power to contract debt. Act 2348, § 53. First class, not to be interested in contracts. Act 2348, § 27. First class, oaths, what officers may administer in, Act 2348, § 95, First class, office hours. Act 2348, § 21. First class, officers, names, number and terms of office, Act 2348, § 20. First class, officers of enumerated. Act 2348, § 20. First class, penalty for allowing illegal demands. Act 2348, § 95. First class, punishment for being interested in contracts, Act 2348, § 27. First class, receipts, duty to give. Act 2348, § 98. First class, secretly examining bids in advance, punishment, Act 2348, § 27. First class, sureties, officers not to be, Act 2348, § 304. First class, vacancies. Act 2348, § 22. Second class cities, salaries of officers. Act 2348, § 307. Second class, fees to be paid into treasury. Act 2348, § 303. Second class, oaths of office. Act 2348, § 306. Second class, officers of. Act 2348, § 301. Second class, officers not to be sureties. Act 2348, § 304. Second class, reports of, Act 2348, § 379. Second class, salaries, when payable. Act 2348, § 307. Second class, supervisors, power to appoint, Act 2348, § 380. Second class, vacancies. Act 2348, § 305. Third class, appointment of officers and term of office. Act 2348, § 503. Third class, contracts, officers not to be interested in. Act 2348, § 5^1. Third class, duties and compensation of officers, prescribing and fixing, Act 2348, § 553. Third class, eligibility of officers. Act 2348, § 508. Third class, oaths of office. Act 2348, § 504. Third class, officers of, enumerated. Act 2348, § 501. Third class, officers collecting moneys, settlements. Act 2343, 5 590. Third class, salaries payable monthly, Act 2348, § 506. Third class, supervisors appoint what, Act 2348, § 503. Third class, supervisors prescribe duties and fix compensation of. Act 2348, § 553. Third class, Tacancies, filling of and term of appointee. Act 2348, § 505. Fourth class, compensation, additional not allowable. Act 2348, § 610. Fourth class, officers of, duties and compensation of. Act 2348, § 601. Fourth class, officers of enumerated. Act 2348, § 601. Fourth class, qualification of officers. Act 2348, § 605. Fourth class, vacancies in office and filling of. Act 2348, §§ 605, 606. Fourth class, vacant, office when becomes. Act 2348, § 605. Fifth class, bonds of officers. Act 2348, § 753. Fifth class, compensation of officers. Act 2348, § 755. Fifth class, contracts, officers not to be interested in, Act 2348, § 811. Fifth class, eligibility to office. Act 2348, § 757. Fifth class, oaths of officers. Act 2348, § 753. Fifth class, officers collecting moneys, settlements, Act 2348, § 810. Fifth class, officers of. Act 2348, § 751. Fifth class, supervisors fix duties and compensation of certain officers. Act 2348, § 791. Fifth class, vacancies in office, filling of and term of appointee, Act 2348, 9 754. 1660 INDEX. OFFICES AND OFFICERS. (Continued.) Sixth class, collecting moneys, settlement, Act 2348, § 885. Sixth class, compensation of officers, Act 2348, § 855. Sixth class, contracts, officers not to be interested in, Act 2348, § 88G. Sixth class, duties and compensation of officers, fixing by supervisors. Act 2348, § 881. Sixth class, election of enabled where city without officers, Act 2350. Sixth class, eligibility to office. Act 2348, § 857. Sixth class, limitation on passage of ordinances. Act 2348, §861. Sixth class, oaths of. Act 2348, § 853. Sixth class, supervisors may appoint what officers, Act 2348, § 852. Sixth class, vacancies, filling and term of appointee, Act 2348, § 854. OIL. Injury to petroleum bearing strata from water, prevention of, Acts 2556, 2557. Olive oil. See Olive Oil. OLEOMARGARINE. Sale of as butter prevented. Acts 2561, 2562. OLETA. Name of Fiddletown changed to Oleta, Act 1163. OLIVE OIL. Regulation of sale of, Acts 41, 2567. Sale of imitation olive oil regulated. Acts 41, 2568. ONE-TWELFTH ACT. In cities of first class, Act 2348, §§ 102-105. OPTOMETRY. Board of examiners. Act 2573. Regulation of practice of. Act 2573. ORANGE COUNTY. Boundaries of, Act 2578. Classification and population of. Act 837, §§ 10, 157. Classification of, Act 2578. County seat, determination of. Act 2578. Creation of. Act 2578. Officers, deputies and assistants and salaries, fees and allowances of. Act 837, § 172. Organization and selection of officers. Act 2578. Population of, Act 837, § 10. ORDERS. Sheriff, justification of under. Act 837, § 100. ORDINANCES. Consolidation of municipalities, effect of on, Act 2383, ? 8. Election on question of, declaring result, Act 837, § 13. Election on question of, effect of favorable vote. Act 837, § 18. Election on question of, how conducted. Act 837, § 13. Election on question of, when held, Act 837, § 13. Entry of. Act 837, § 26. Form of. Act 837, § 26. INDEX. 1661 ORDINANCES. (Continued.) Livestock, expenses of enforcing ordinances to preserve, how paid, Act 837, § 25 1^. Livestock, supervisors may adopt to preserve, of, Act 837, §25'/^. Mayor, ordinances to be presented to, Act 2583. Mayor, veto by, passage of ordinance over, Act 2583. Ordinances permitting cars to be propelled by electricity ratified, Act 2928. Passage of, Act 837, § 26. Publication or posting of. Act 837, § 26. Reorganization of city, effect of on. Act 2348, § 5, Signing and attesting, Act 837, § 26. Submission of ordinance to vote of people on petition. Act 837, S 13. Taking effect of, time of, Act 837, § 26. Cities of particular classes. First class, amendment of, Act 2348, §§ 56-58, 61. First class, appropriation bills, Act 2348, § 61. First class, approval, veto and passage over veto, Act 2348, § 61. First class, correction of, Act 2348, § 60. First class, enacting clause, Act 2348, § 63. First class, introduction and passage. Act 2348, § 56. First class, majority necessary to passage of. Act 2348, § 50. First class, not to be passed where supervisor to be a disbursing officer, Act 2348, § 52. First class, publication of, Act 837, § 61. First class, re-enactment and reconstruction. Act 837, §§ 58, 59. First class, reports of committee, adoption of. Act 837, § 57. First class, signing bills. Act 837, § 60. ■ First class, subject and title, Act 837, § 56. First class, violation of and punishment of. Act 837, § 769. Second class, ordinances in, enacting clause, Act 837, § 324, Second class, passage, approval on veto and reconsideration, Act 2348, § 324. Second class, publication of. Act 2348, § 324. Third class, enacting clause, Act 2348, § 525. Third class, passage, approval or disapproval and reconsideration. Act 2348, § 523. Third class, signing, attestation and publication, Act 2348, § 525. Third class, violation of, effect of and punishment. Act 2348, § 529. Fourth class, action for penalty for breach, interested party not disqualified. Act 2348, § 701. Fourth class, approval or disapproval by mayor and passage over veto, Act 2348, § 670. Fourth class, as evidence. Act 2348, § 632. Fourth class, ayes and noes to be entered on journal when. Act 2348, § 634, Fourth class, enacting clause. Act 2348, § 631. Fourth class, entry on journal. Act 2348, § 633. Fourth class, majority vote necessary in what cases. Act 2348, § 635. Fourth class, passage and publication of. Act 2348, §§631-635. Fifth class, enacting clause, Act 2348, § 765. Fifth class, judicial notice of, Act 2348, § 765. Fifth class, limitation on passage of, Act 2348, § 763. Fifth class, record of as evidence. Act 2348, § 788. Fifth class, signing, attesting and publishing. Act 2348, § 765. Fifth class, violation of, punishment and proceedings. Act 2348, § 769, Sixth class, enacting clause of, Act 2348, § 863. Si.xth class, passage of, rules governing. Act 2348, § 861. Sixth class, record of as evidence, Act 2348, § 878. 166a INDEX. ORDINANCES. (Continued.) Sixth class, signing, attesting and publishing. Act 2348, § 863. Sixth class, violation of and punishment of, Act 2348, § 862, subd. 14. § 867. OROVILLE. Hogs running at large in, prevention of, Act 1065, Water for fire purposes, Act 2588. ORPHAN ASYLUM. Abandonment of children, vrhat constitutes. Act 2594. Adoption of children, managers authorized to consent to. Acts 27, 2596. Appropriation for orphan, half orphan and abandoned children. Acts 54,2595. Appropriation for relief of, Act 2593. Authorized to bind children as apprentices, clerks and servants. Act 214. Boards to investigate organizations receiving dependent or delinquent children, Act 1769. Guardians of children in, appointment of, Act 2597. Managers may bind children as apprentices, clerks or servants. Act 214. Managers of orphan asylums may consent to adoption, Acts 27, 2596. Notice of children admitted. Acts 1622, 2594. Quarterly publication of children admitted. Acts 1622, 2594. ORPHANS. See Orphan Asylums. Care of orphan children, Act 1622. Home for orphans of ex-union soldiers, sailors and marines. Act 3694. Trades and training school for dependent, abandoned and orphan children. See California State Trades and Training School. OSTEOPATHY. Licensing osteopaths. Act 2602. Regulation of practice of. Acts 2163, 2602. State board of osteopathic examiners. Act 2602. OVERSEERS. Water, in particular county. See particular title. OWNERSHIP. Notice of ownership of real property, filing of, Act 437. OYSTERS. Oyster beds. Act 2608. Planting and cultivation of, encouragement of, Act 2609, Statute relating to, Act 2607. P PAPER. Creation of paper to circulate as money, forbidden, Act 2284. PARDON. See Parole Commissioners. PARENT AND CHILD. Adoption. See Adoption. PARIS GREEN. Fraud in sale of, prevention of, Act 2614. Regulation of sale of. Act 2614. INDEX. 1868 PARKS. See Public Parts. PAROLE COMMISSIONERS. County parole commissioners, creation of, Act 2620. County parole commissioners, powers of, Act 2620. County parole commissioners, rules and regulations of, Act 2620. County parole commissioners, who constitute, Act 2620. Creation of board for parole and government of prisoners. Acts 2619, 3868. Government of paroled prisoners, Acts 2619, 3866. Misdemeanors, parole of prisoners, convicted of, Act 2620. Parole of prisoners, Acts 2619, 2620, 3866. PARTIES. Costs in actions where state a party, Act 3781. PARTITION. Decrees in, recording of and eflfect of, Act 837, §§ 123, 124. PARTITION FENCES. See Fences. In particular counties. See particular title, PARTNERSHIP. Mining partnership, act relating to. Act 2219. Special, formation of. Act 2624, PASADENA. Charter of, Act 2627. PASSENGER CARRIERS. Duties of masters of vessels in relation to passengers arriving, Act 1587. PAUPERS. Almshouses and poor-houses, duties and powers of supervisors. Act 837, § 25, subds. 5, 6. Appropriation for support of aged persons maintained in institutions. Acts 54, 2630. Bringing into state a misdemeanor, Act 2631, § 3. Counties, duty to support, Act 2631, § 1. Fund for maintenance and support of persons becoming a public charge, Act 2631, Funds of, refunding, Act 2631, § 8. Indigent residents afflicted with tuberculosis, medical treatment of. Act 2843. Indigent sick, provision for, Act 2629. In particular counties. See particular title. Inquiry into ability of inmate or relatives to bear expenses, Act 2631, § 5. Maintenance and support of indigent, incompetent and incapacitated persons be- coming a public charge. Act 2631. Property subsequently acquired, chargeable with support, Act 2631, § 6. Property subsequently acquired, duty of district attorney. Act 2631, § 6. Residence, defined, Act 2631, § 2. Residents of other counties, Act 2631, § 4. Support, duty of kindred, Act 2631, § 6. Support of, a county charge. Act 837, § 228, subd. 7. PAWNBROKERS. Duties and liabilities of. Act 2636. Interest, limit on rate that can be charged. Act 2637. 1664 INDEX. PAWNBROKERS. (Continued.) Personal property brokers, defined, Act 2637. Regulation of charges and business of, Act 2637. PAYMENT. Legal tender notes receivable in payment of taxes and debts, Act 1895. Money of account. Act 2282. Money. See Money. Payment of judgments against cities and counties of certain sizes, Act 1747. Payment of judgments against counties, cities, and cities and counties, Act 1746. PEACE OFFICERS. See Police Department. PEDDLERS. Ex-soldiers and sailors permitted to peddle without license. Act 3692. Itinerant venders of drugs, nostrums, etc., to cure disease, license on, Act 1941. PENALTY. Cars, for failure of railroad to furnish, Act 2933. Cars, for failure of shipper to unload. Act 2933. For disobedience of subpoena issued by trustees of city of sixth class. Act 2348, § 862, subd. 17. PENSIONS. County clerk to take affidavits of claimants without fee, Acts 829, 2641. Fire department, provisions for members in cities of first class. Act 2348, §§ 152, 153. Firemen, pensions for aged, infirm or disabled, Act 1178. Firemen's pension fund, creation of, Acts 1173, 1175, 1178. No fees in matters concerning, Acts 829, 837, 1122, § 227. Police relief, health, life insurance and pension fund, creation of, Act 2735. Teachers' annuity and retirement fund. Act 3570. Teachers' annuity and retirement fund, withdrawal of contributor, Act 3571. PERRY, SALLY C. Claim of state to certain tract quitclaimed to, Act 4030. PERSONAL PROPERTY. Limit of rate of interest that can be charged on loan on, Act 2037. Regulation of business of loaning money on, Act 2637. PERSONAL PROPERTY BROKERS. See Pawnbrokers. PESTHOUSES. Establishment of pesthouses within cities prevented. Act 2646. PESTS. Spreading of, prevention of. Acts 1516, 1649. PETALUMA. Board of education of, powers and duties of. Act 2653. English Street, widening of, Act 2655. Reincorporation of. Acts 2651, 2652. Sewerage for, system of, Act 2654, PETALUMA CREEK. Drawbridge across, trustees of Petaluma authorized to erect. Act 2660. Navigation of, improvement of. Act 2661. Trustees authorized to erect drawbridge across Petaluma Creek, Act 2660. INDEX, 1665 PETALUMA EIVEE. Navigability of, Act 4358. PETROLEUM. See Oil. PHARMACY. Board of pharmacy, Acts 2664, 2667. Board of pharmacy, appointment, powers and duties of. Act 2664. Plours of labor for drug clerks, penalty for violation of act relating to. Act 2665. Hours of labor of drug clerks, regulation of. Act 2665. Licenses from itinerant venders of drugs paid to state board of, Act 1941. Licenses received from venders of drugs, report of, Act 1941. License to practice, regulation of. Act 2664. Paris green, fraud in sale, prevention of, Act 2614. Paris green, regulation of sale of. Act 2614. Poisons, regulation of sale of. Acts 2666, 2667, 2723, 2724. Practice of, regulation of. Acts 2664, 2666, 2667. Registered assistant pharmacist. Act 2664. Registered pharmacists, who are. Act 2664, § 4. Register of board of, reproduction of. Acts 438, 3016. Reproduction of register of board of. Acts 438, 3016. PHOTOGRAPHS. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners about to be discharged. Acts 738, 2767. PHYSICIANS. See Medicine; Optometry; Osteopathy; Veterinary Surgery. Deaths, duties relating to, Act 897. Dentistry. See Dentistry. Regulation of medical practice to prevent blindness in infants. Act 2160. Surrender of dead bodies for dissection, Act 937. To inquire into sanity of convict, costs a state charge. Act 2070. PIECE CLUBS. Prevention of. Act 1018. PIGEONS. See Homing Pigeons. PILOTS. Appointment of at Wilmington, and duties and compensation of, Act" 2672. San Pedro, appointment of, at, and duties and compensation of, Act 2672. PINNACLES. Destruction of game within Pinnacles forest reserve and Pinnacles national monu- ment, prevention of. Act 1340a. PISTOLS. Registration of purchasers of pistols. Act 883. PITT RIVER. Removal of obstructions in. Acts 2677, 2078. PLACER COUNTY. Animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of in certain townships in. Act 2683. Bounties for destruction of wild animals in. Act 189. Classification and population of, Act 837, §§ 10, 157. Gen. Laws — 105 1666 INDEX. PLACER COUNTY. (Continued.) District attorney, fees of in, Act 945. Fences in, Acts 1134,1135,1137. Fences in, tearing down of, prevention of, Act 1593. Firemen, exemption of from poll tax, Act 4063. Fires, leaving of, punishment of. Act 1593. Highways, location, obstruction and maintenance of. Acts 2684-2686. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing through and leaving open, Act 1593. Levee district, formation of in Yuba, Sutter and Placer counties, Act 1915. Levee district in. Act 1915. Notaries, additional, for. Act 2687. Officers, deputies and assistants, and salaries, fees and allowances, Act 837, § 185. Population of, Act 837, § 10. Recorder, fees of, Act 2689. Recorder, salary of. Acts 2688, 2689. Records of, legalizing. Act 2690. Roads in. Acts 2685, 2686. Sheriff and tax collector, offices consolidated, Act 2691. Sheriff ex officio tax collector, Act 2691. Stallions prevented from running at large in. Act 1063. State highway from Emigrant Gap in, to Donner Lake, Act 1457a. Supervisors, regulation of powers of, Act 2692. Supervisors, reorganization of board. Act 2693. PLACERVILLE. Bonds, common council authorized to issue. Act 2697. Common schools of. Acts 2704, 2705. Raceway through, time for construction of extended, Act 2699. Reincorporation of. Act 2698. Sidewalks of, improvement of, Act 2700. Streets in, improvement of, Act 2700. Trusts in favor of inhabitants through congressional grants, execution of, ActB 2701-2703. PLAINS. Judges of the. Act 1741. PLANK ROAD CORPORATION. Formation of. Acts 765, 4202. PLANS. Public buildings, unfinished, change of plans, Act 2899. PLAYGROUNDS. Assessment districts, establishment of to pay expense of acquiring land. Act 2884. Cities authorized to acquire land for by condemnation. Act 2884. PLEADINGS. Restoration of burnt pleadings. See Burnt or Destroyed Records or Documents. PLEDGES. See Pawnbrokers. PLUMAS COUNTY. Animals of another, wounding in, punishment of, Act 1593. Butte and Plumas counties, boundary line between. Act 807. Classification and population of, Act 837, §§ 10, 157. INDEX. 1667 PLUMAS COUNTY. (Continued.) District attorney, salary of, Act 2708. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of, Act 1593. Highways of, Act 2709. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Notary, additional, to reside at Mohawk Valley, Act 2710. Officers, deputies and assistants, and salaries, fees and allowances of, Act 837, § 207. Officers of, salaries of, Act 2711. Plumas and Lassen counties, boundaries between, Act 809. Population of. Act 837, § 10. Protection of fish in. Acts 1331, 1332. Roads in, keeping in repair. Act 2712. Shasta and Plumas counties, boundary line between, Act 814. Sierra Iron Company granted right to construct road in Sierra and Plumas coun- ties. Act 3653. Stallions prevented from running at large in, Act 1063. Tax collector of, fees of. Act 2713. PLUMBING. Plumbing and drainage of buildings, regulation of by boards of health, or health officers, Acts 2838, 2839. Registration of plumbers, Acts 2838, 2839. PLYMOUTH. Hogs and goats prevented from running at large. Act 2718. POISONS. Administering to animals, Act 192. Paris green, fraud in sale of, prevention of. Act 2614. Paris green, regulation of sale of. Act 2614, Penalty for violation of statute regulating sale of, Act 2724. Regulation of sale of. Acts 2666, 2667, 2723, 2724. Sale of. See Pharmacy. POLICE. See Police Department. POLICE COURTS. Creation of in cities of certain sizes. Acts 2739, 2740. Police judge. See Police Judge. Prosecuting attorney, appointment, term of office, salary and duties, Act 2743. In cities of first class organized under municipal corporation bill. Abolition of courts and transfer of records, Act 2348, § 245. Assistant district attorney, duty to take dying statements. Act 2348, § 242. Attornev, qualifications of. Act 2348, § 243, Bail, Act 2348, §§ 238, 240. Bailiffs for. Act 2348, § 244. Bank, sitting in. Act 2348, § 230. Bond, Act 2348, §§ 238, 240. Classification of judges for assignment to departments. Act 2348, § 229. Commitments, Act 2348, §§ 233-235. Contempt, punishment of. Act 2348, § 237. County clerk, duties and powers of, Act 2348, §§238,240. County clerk, record of. Act 2348, § 238. Departments, number of, Act 2348, § 229, 1668 INDEX. POLICE COURTS. (Continued.) Division of business, Act 2348, § 229. Examinations, Act 2348, § 233. tfe Healing, Act 2318, § 233. Judge of, salary of, Act 2348, § 26, subd. 15. Judicial power vested in. Act 2348, § 229. ' Jurisdiction, Act 2348, §§ 231, 232. Justice, presiding, who may act as, Act 2348, § 241. Justice, when to act as police judge, Act 2348, § 241, Number of judges. Act 2348, § 229. Office hours, Act 2348, § 239. Powers of. Act 2348, § 233. Powers of, how exercised. Act 2348, § 230. Procedure, Act 2348, § 233. Prosecuting attorney and assistants, salaries of, Act 2348, § 26, subd. 16. Record, not a court of, Act 2348, § 229. Seal, Act 2348, § 229. Sentence to hard labor. Act 2348, § 236. Sittings, Act 2348, § 229. Cities of first and one-half class. Appeals, Act 2741, § 11. Clerks, appointment, bond, duties, salary, etc., of. Act 2741, § 6. Disqualification of justice and proceedings on, Act 2741, § 4. Dockets, Act 2741, § 9. Pines and collections, payment into treasury, Act 2741, S 8. Judicial power vested in. Act 2741, § 1. Jurisdiction of, Act 2741, §§ 2, 3. Justices, duty to hold. Act 2741, § 1. Open, always, except on nonjudicial days, Act 2741, § 10. Power of justice sitting as police judge. Act 2741, § 5. Prisoners, place of imprisonment or of labor, Act 2741, § 12. Prosecuting attorney, appointment, term of office, duties, salary, etc., Act 2741, §7. Report of justices sitting as judge, Act 2741, § 14. Rooms and supplies. Act 2741, § 9. Seal, Act 2741, § 13. Sessions, number of, Act 2741, § 1. Transcripts, certified, as evidence. Act 2741, § 15. Warrants and process, effect of, Act 2741, § 15. Cities of second class generally. Act providing for. Act 2739. Appeals, Act 2742, § 11. Clerk, appointment and term of office. Act 2742, § 6. Clerk, bond, salaries and duties of. Act 2742, § 6. Dockets, Act 2742, § 8. Imprisonment, place of, Act 2742, § 12. Judicial power of city vested in. Act 2742, § 1. Jurisdiction of. Act 2742, §§ 2, 3, 5. Justices, disqualification and proceedings on, Act 2742, § 4. Justices, power of, Act 2742, § 5. Justices to sit as police judge. Act 2742, § 2. Labor of prisoners, where performed. Act 2742, § 12. Open on what days. Act 2742, § 10. Prosecuting attorney, appointment, term of office, salary and duties, Act 2742, § 7. INDEi: 1669 POLICE COURTS, (Continued.) Reports, monthly, of cases to city council, Act 2742, § 14. Rooms and supplies, Act 2742, § 9. Seal of, Act 2742, § 12. Transcripts of dockets or files, certified, as evidence. Act 2742, § 15. Warrants and process, validity and effect of, Act 2742, § 15. In cities of second class organized under municipal corporation bilL Appeals, Act 2348, § 399. Clerk of, appointment, term of office and bond, Act 2348, § 395. Clerk of, powers and duties, Act 2348, § 395. Clerk of, salary of, Act 2348, § 307. Disposition of fines and moneys collected. Act 2348, § 396. Dockets, Act 2348, § 397. Imprisonment, place of. Act 2348, § 400. Judicial power of city vested in, Act 2348, § 390. Jurisdiction, Act 2348, §§ 391, 392. Justice, disqualification to sit as. Act 2348, § 393. Justice sitting as, powers of, Act 2348, § 394. Justice to sit as, Act 2348, § 390. Open when, Act 2348, § 398. Powers of, Act 2348, § 394. Report monthly, Act 2348, § 403. Rooms, Act 2348, § 397. Seal, Act 2348, § 401. Supplies and accommodations for, duties of supervisors, Act 2348, § 397. Transcripts, certified, as evidence. Act 2348, § 403. Warrants and process, force and validity of, Act 2348, § 403. Cities of third class generally. Act providing for police courts in. Act 2740. Cities of third class organized under municipal corporation bill. Appeals, Act 2348, § 560. Clerk, appointment, duties and compensation. Act 2348, § 563. Judges, disqualification of and proceedings in case of, Act 2348, § 567. Judges, election and term of office. Act 2348, § 502. Judge, powers and duties of. Act 2348, § 561. Judicial power of vested in. Act 2348, § 560. Jurisdiction, Act 2348, § 560. Practice, Act 2348, § 560. Record, is court of, Act 2348, § 560. Seal of, Act 2348, § 563. Cities of fourth class organized under municipal corporation bill. Appeals, Act 2348, § 694. City attorney to prosecute what cases, Act 2348, § 695. District attorney to conduct preliminary examinations before. Act 2348, § 695. Dockets, Act 2348, § 693. Establishment of. Act 2348, § 690. Incarceration and labor, Act 2348, § 696. Interest of inhabitant is not disqualification. Act 2348, § 701. Judce, bond of, Act 2348, § 607. Judge, election and term of office. Act 2348, § 602. Judge, salary of, Act 2348, § 699. 1670 INDEX POLICE COURTS. (Continued.) Jurisdiction, Act 2348, § 691. Jury trial, Act 2348, § 692. Justice of the peace may act as judge, Act 2348, § 700. Open, when. Act 2348, § 690. Powers of judge. Act 2348, § 692. Process and warrants, effect of in other parts of state, Act 2348, § 697. Prosecution of proceedings before, Act 2348, § 695. Report of judge. Act 2348, § 698. Seal, Act 2348, § 697. Transcript of docket as evidence. Act 2348, § 697. POLICE DEPARTMENT. Appointment of police to serve upon cars or boats. Act 2734. Captain of, compensation of in certain cities, Act 2731. Chief of, compensation of in certain cities, Act 2731. Forfeiture under law relating to explosives, any member of department may sue for. Act 1093, § 10. Hours of labor of members of police department in cities and cities and coun- ties. Acts 2728, 2729. Increase of force in various cities and cities and counties, Act 2730. Officers, compensation of in certain cities. Act 2731. Photographs and description of discharged convicts, giving to sheriffs and chiefs of police. Acts 738, 2767. Police relief health, life insurance and pension fund, creation of, Act 2735. Salaries of chief, captain and otlicers of ceitain cities, Act 2731, 2732. Senior rights in assignment of duty of officers who have served ten years, Act 2736. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners. Act 738. Tax collector, performance of duties of by chief of police, Act 4043, § 8. Vacation, commissioners to grant yearly. Act 2733. Wardens to furnish description of convicts to, Act 738. Cities of particular classes. Cities of first class, appointment of officers, Act 2732. Cities of first class authorized to pay rent of stations and salaries out of general fund. Act 3209. Cities of first class, captains of police, Act 2348, § 140, subd. 23. Cities of first class, chief of police. Act 2348, § 140, subd. 22. Cities of first class, fire-alarm and police telegraph in. Act 2348, §§ 162-164. Cities of first class, fire-alarm and police telegraph, provisions relating to, Act 2348, §§ 162-164. Cities of first class, hours of service of members. Acts 2728, 2729. Cities of first class, of what consists. Act 2348, § 140. Cities of first class, police commissioners, appointment, qualifications and terms of office. Act 2348, § 140, subd. 1. Cities of first class, police commissioners, clerk of. Act 2348, § 140, subd. 1, Cities of first class, police commissioners, oath of. Act 2348, § 140, subd. 1. Cities of first class, police commissioners, powers and duties of enumerated, Act 2348, § 140, subds. 1-25. Cities of first class, police commissioners, restrictions upon, Act 2348, § 140, subd. 1. Cities of first class, police commissioners, sessions of, Act 2348, § 140, subd. 1. Cities of first class, police department in, provisions relating to, Act 2348, §§140, 141. Cities of first class, police ofiScers in. Act 2348, § 140, subd. 24. I*rDEX. 1671 POLICE DEPARTMENT. (Continued.) Cities of first class, rules and regulations, power and duty of police commission- ers as to, Act 2737. Cities of first class, rules and regulations, violation of and punishment for. Act 2737. Cities of first class, salaries of oflficers in. Act 2732. Cities of first class, surgeon of police, Act 2348, § 141, subd. 25. Cities of first and one-half class, hours of labor of police in, Act 2729, Cities of second class, captain of police, salary of, Act 2348, § 307. Cities of second class, duty of chief of police, Act 2348, § 372. Cities of second class, hours of labor, Act 2729. Cities of second class, number of policemen. Act 2348, § 358. Cities of second class, police detective, salary of. Act 2348, § 307. Cities of second class, policemen, removal of, Act 2348, § 358. Cities of second class, policemen, salary of. Act 2348, § 307. Cities of fourth class, chief of police, deputies of, appointment, term of office, duties and salaries of. Act 2348, § 672. Cities of fourth class, chief of police, election and term of office. Act 2348, § 602. Cities of fourth class, chief of police, powers and duties of, Act 2348, § 699. Cities of fourth class, chief of police, salary of, Act 2348, §§ 673, 699. Cities of fourth class, number of policemen. Act 2348, § 620. Cities of fourth class, police commission in. Act 2348, § 680. Cities of fourth class, police force in, Act 2348, §§ 679, 680. Cities of fourth class, policemen, powers and duties. Act 2348, § 699. Cities of fourth class, policemen, salaries of, Act 2348, § 699. Cities of fourth class, police trial commission in. Act 2348, § 681. Cities of fifth class, police department in under control of city marshal. Act 2348, ■ § 790. Cities of sixth class, marshal has control of police, Act 2348, § 880. Cities of sixth class, police power of supervisors to appoint and fix compensation. Act 2348, § 852. POLICE JUDGES. See Police Courts. Appointment of in cities where no provision made for in charter, Act 2744. Cities of first class, salary of, Act 2348, § 26, subd. 15. Cities of third class, disqualification of and proceedings in case of, Act 2S48, § 562. Cities of third class, powers and duties of, Act 2348, § 561. Cities of third class, salary of, Act 2348, § 506. Cities of fourth class, election and term of office, Act 2348, § 602. Cities of fourth class, powers of. Act 2348, § 692. Cities of fourth class, salary of. Act 2348, § 699. POLYTECHNIC SCHOOL. See California Polytechnic School. POOK-HOUSE. See Paupers. POOR LAWS. See Paupers. POPPY. Golden, selected as state flower. Act 3819. POPULATION. See Census. Counties, population of the various counties. Act 837, § 10. Counties of fifteenth class, how ascertained. Act 837, § 172, subd. 17. Counties of sixteenth class, how determined. Act 837, § 173, subd. 16. 1672 INDEX. POPULATION. (Continued.) Counties of nineteenth class, of, Act 837, § 176, subd. 15. Counties of twentieth class. Act 837, § 177, suhd. 15. Counties of twenty-sixth class, how ascertained, Act 837, 5 183, suljd. 14. Counties of thirty-fourth class, classification of townships in. Act 837, § 191, subd. 14. Counties of thirty-eighth class, classification of townships in, Act 837, § 195, subd. 13. Counties of forty-first class, how ascertained. Act 837, § 198, subd. 13. Counties of forty-third class, how ascertained, Act 837, § 200, subd. 17. Particular county, of. See particular title. POSSE OOMITATUS. Supervisors authorized to pay expenses of. Act 3959. POSSESSORY ACTIONS. Mode of maintaining and defending. Acts 2847, 2848. POSSESSORY CLAIMS. Protection of growing timber on, Act 1402. POULTRY, Poultry experiment station, statute relating to, Act 2748. POUNDMASTER. Cities of fifth class, supervisors in may appoint, Act 2348, § 752. Cities of sixth class, power of supervisors to appoint. Act 2348, § 852. PRACTICE. See Commissioners in Equity. Practice in supreme court, regulating. Act 842. PRE-EMPTION. See Public Lands. PREFERENCES. Ex-union soldiers, sailors and marines, preference of in public service. Acts 2893, 3695. Laborers are preferred creditors, Act 1823. PREMIUM. Ofiicial bond, payment of, on, Acts 329, 2544. PRESIDENT. Assault upon, punishment of, Act 693. Conspiracy to commit any crimes against, punishment of. Act 693. PRESTON SCHOOL OF INDUSTRY. Additional land for, purchase of. Act 2754. Commitments to, Acts 2756,4410. Commitments to, authority given to siiperior judges. Act 2756. Dependent and delinquent children, commitment to and release from. Act 1770. Establishment of. Act 2753. Evil-disposed persons prevented from coming on grounds of. Acts 2755, 4409. Maintenance of. Act 2753. Maintenance of inmates, liability for, Acts 2756, 4410. Management of. Act 2753. Trustees authorized to acquire property by gift, bequest or devise, Acts 2757, 4412. INDEX. 1873 PRIMARY ELECTIONS. Acts concerning, Acts 1011, 1012, 1013. Act of 1909 providing for and regulating, Act 1013. Expressing choice for United States Senate at. Act 1013. PRINCIPAL AND AGENT. See Agency. PRINTER OF STATE See State Printer. PRINTING. City, letting out on bids in cities of first class. Act 2348, § 106. PRISONERS. See Preston School of Industry; Whittier State School; State Prisons. Acknowledgment of deeds and instruments by, Act 2764. Allowance to sheriflf for boarding. Act 2348, § 215. Arrest, trial, recommitment and punishment of convicts who have escaped, Act 1041. Asexualization of, Act 247. Bureau of criminal identification. See Bureau of Criminal Identification. Convicts. See Convcts. Costs and expenses of trial of convicts for crimes in prison, Acts 736, 783, 3859. Costs of trial of escaped convicts, Acts 736, 7S3, 3S59. Cutting of hair of persons convicted of misdemeanor. Acts 2834, 3863. Discharged, directors authorized to assist in securing employment, Act 2779. Employment of in construction of roads. Acts 2773,2774. Employment of on roads, Acts 2773, 2774, 3862. Expenses of keeping a county charge. Act 837, § 228. Federal prisoners, confinement of. Act 2768. Importation of convicts into state, prevention of, Act 737. Incarceration and labor where committed by judges of cities of fourth class. Act 2348, § 696. Insane, building for accommodation of, erection of, Acts 2869, 2770. Insane, state hospital for, Act 2776. Juvenile, separation from adults. Act 1769. Matron, duties and powers of, Act 2775. Matron, compensation of, Act 2775, § 3. Not to make articles for officers. Act 2551. Parole commissioners. See Parole Commissioners. Sheriffs and chiefs of police .to be furnished descriptions and photographs of prisoners. Acts 738, 739, 2767. Sheriff, compensation and allowance for conveying to state prisons, Acts 837, § 215; 3627. Support of prisoners a county charge, Act 837, § 228, subd. 3. Wardens to furnish description of convicts. Act 738. "Wardens to furnish information concerning, Act 739. PRISONS. See Jails; State Prison. Alterations in, power to make, Act 3284. Folsum, additional cells at, erection and construction of, Act 2777. Folsom, wall, erection of around. Act 2777. Government and regulation of, Act 2763. House of correction, commitments to. Act 1540. House of correction of San Francisco. See San Francisco. Infant prisoners to be separated from adults. Act 1769. Insane convicts charged with felony, establishing hospital for at Folsom, Act 2776. 1674 INDEX. PRISONS. (Contimied.) Insane convicts, hospital for at rolsom, government and management of, Act 2776. Jute goods, price and conditions of sale, Acts 1764, 1768. See Jute; State prisons. Matrons, appointment, powers, duties and compensation of, Acts 837, §214 1/^; 2775. Matron, creation of office of in certain cities. Act 2775. Matron not to be hindered in discharge of duty, Act 2775, § 4. Matron, searching of female prisoners, Act 2775, § 4. Parole commissioners. See Parole Commissioners. San Quentin, erection and construction of additional cells. Act 2778. San Questin, improvements at, Act 2778. Wardens to furnish descriptions of convicts. Act 738. Wardens to furnish sheriffs with information concerning convicts. Act 739. PRIZE-FIGHT. Infant under eighteen not permitted to attend, Acts 1610, 2782. Permitting infant under eighteen to visit, a misdemeanor, Act 1610. Prohibited, Act 2781. PROBATE COURTS. See Public Administrators. Powers of conferred on superior courts, Act 846. Ratification of void probate sales, Act 2785. PROBATION. Probation officers, appointment, powers and duties of, Act 176£>. Probationary treatment of juvenile delinquents, Act 1769. PROCEDURE. See Commissioners in Equity. Practice in supreme court, regulating. Act 842. PROCESS. See Summons. Definition of, Act 837, § 88. Elisor, compensation for serving process, Act 837, § 105. Elisor, service of process by, Act 837, § 105. Elisor, when to serve process. Act 837, § 105. Executed at e.xpiration of term of sheriff, how served. Act 837, § 103. Execution of in new counties, Act 2790. Foreign corporations, to designate person upon whom process served, Acts 774, 775. Includes what. Act 837, § 88. Instructions to sheriff as to service or return to be written to excuse sheriff, Act 837, § 98. Mileage for service of papers or process issued outside of county. Act 837, § 215. Returnable to another county, how returned, Act 837, § 90. Return, failure to make, liability of sheriff, Act 837, § 92. Return prima evidence of facts stated, Act 837, § 91. Served how where sheriff a party, Act 837, § 104. Service by conslaMe outside of township, effect of. Act 837, § 153. Service where sheriff a party, Act 837, § 104. Sheriff, justification of under. Act 837, § 100. To be shown to parties interested on request, Act 837, § 101. Validation of writs, process and certificates issued before courts have seals. Act 2791. PROMISSORY NOTES. Act relating to bills of exchange and promissory notes. Act 344. INDEX. 1676 PROSECUTING ATTORNEY. Police courts, of. See Police Courts. PROSTITUTION. See House of Prostitution. Chinese or Japanese women, importation of, for, prevented, Acts 592, 2797. Compulsory, of women, prevention of. Act 2797. Placing of married women in houses of, prevention of, Act 2796. Suppression of Chinese houses of, Act 593. Suppression of houses of, Act ISAS, PROTECTION DISTRICTS. Annulment of for nonuser of corporate powers, Acts 2803, 2974, 4025. Assessments, special, Act 2805, § 53. Assessments where bonds insutificieut or unavailahle, Act 2805, § 30. Bond of petitioners, Act 2805, § 2. Bonds, Act 2805, §§ 26, 29. Bonds, exclusion of lands, assent of bondholders, Act 2805, § 67. Bonds, exclusion of lands does not affect. Act 2805, § 72. Bonds, issuance, sale of, interest, etc., Act 2805, §§ 26-29. Bonds, redemption of, Act 2805, § 47. Bonds, reduction of bonded indebtedness, Act 2805, §§ 86-88. Bonds, refunding of and issuing of new bonds, Act 2805, §§ 31-38. Bonds, suits to determine validity of. Act 2805, §§ 56-61. Bonds, unsold, destruction of, Act 2805, § 89-91. Boundaries, Act 2805, § 3. Boundaries, change of. Act 2805, § 15. Boundaries, change of, authorized. Act 2805, §§ 62, 75. Boundaries, change of, by exclusion of lands. Act 2S05, §§ 62— 73. Boundaries, change of by inclusion of land. Act 2805, §§ 74—85. Boundaries, change of, effect of. Act 2805, §§ 62, 75. Claims to be paid by warrants. Act 2805, § 49. Condemnation of land, Act 2805, §§ 13, 15. Contracts. See post. Works, this subject. Costs to be paid from instruction fund, Act 2805, § 50, Debt, limit of. Act 2805, § 54. Directors, anniial financial statement, Act 2805, § 12. Directors, change of boundaries, effect of and proceedings on, Act 2805, §§ 69, 70. Directors, classification, Act 2805, § 11. Directors, districts. Act 2805, § 4. Directors, election. Act 2805, §§4, 16. Directors, meetings of, Act 2805, § 12. Directors, minutes of meetings, Act 2805, § 12. Directors, number of, Act 2805, § 24. Directors, organization. Act 2805, §§ 11, 17. Directors, pay and expenses of, Act 2805, § 51. Directors, powers and duties, Act 2805, §§ 13, 25, 26, 39, 40. Directors, president. Act 2805, § 17. Directors, qualification, oath and bond. Act 2805, § 16. Directors, secretary, salary, appointment, term of office, duties, salary and bond, Act 2805, §§ 11, 12, 17. Directors, term of office, Act 2805, §§ 10, 17. Directors, vacancies, filling, Act 2805, § 16. Dissolution of for nonuser, Acts 2803, 4026. Duties, powers and rights. Act 2805, § 1. Electioai within after organization, holding and conducting of. Act 2805, $3 18-23. 1676 INDEX. PEOTECTION DISTRICTS. (Continued.) Estimates of amounts needed, Act 2805, § 39. Estimates of costs, division among counties. Act 2805, § 40, Formation, organization and government of, Act 2804. Funding indebtedness of, Act 1921. Funds, apportionment of, Act 2805, § 45. Funds, costs of works to be paid from construction fund. Act 2805, § 50. Funds, duties and liabilities of treasurer as to, Act 2805, §§ 44, 46, 49. Funds, enumeration of, Act 2805, § 45. Funds, repository for -where district in more than one county. Act 2805, § 44. Guardian, executor or administrator may sign petition for exclusion of land'?, Act2S05, § 71. Guardians, executors or administrators may sign petition for inclusion of land, Act 2805, § 84. Inclusion of lands, Act 2805, §§ 74-85. Indebtedness of, funding and refunding of. Act 1921. Land, acquiring. Act 2805, §§ 13, 15. No. 2, Yuba County, dissolution, liquidation and winding up of, Act 4496. Organization, election on. Act 2805, §§ 5, 6, 7, 8, 9. Organization of, procedure. Act 2805, §§1, 2, 3. Petition for, signing and filing, Act 2805, §§ 1, 2. Petition, hearing, Act 2805, § 3. ' Petition, presentation and publication, Act 2805, § 2. Protection of lands not recognized as swamp lands from overflow. Act 2802. Storm-water district. See Storm-water Districts. Taxation, rights of way and works of are exempt from, Act 2805, § 55. Tax, levy, collection, etc., of. Act 2805, §§ 41-43. Title to district property, where vested. Act 2805, § 25. Treasurer, duties and liabilities of, Act 2805, §§44, 46, 49. Under act of 1907, Act 2805. Warrants, claims to be paid by, Act 2805, § 49. Works, bids and contracts, Act 2805, § 48. Works, contracts not affected by change of boundaries, Act 2805, § 73. Works, cost of to be paid from construction fund. Act 2805, § 50. Works, officers not to be interested in contracts. Act 2805, § 52. Works, plans for and construction of, Act 2805, § 26. PROTECTIVE ASSOCIATIONS. See Boards of Trade; Chambers of Commerce; Mechanics' Institute. Acknowledgments by, validated, Act 19. Formation of, Act 568. PUBLIC ADMINISTRATOR. Bond of. Act 837, § 66. Cities of first class, duties of, Act 2348, § 134. Cities of first class, provisions of municipal corporation bill regarding apply only to consolidated cities and counties. Act 2348, § 287. Cities of first class, provisions of municipal corporation bill, when only apply. Act 2348, § 287. Consolidation, separation and reconsolidation of public administrator and coro- ner. Act 837, § 55. Coroner, when to act as. Act 2810. County officer, is, Act 837, § 55. Duties of, Act 837, §§ 151, 152. Particular county, in. See particular titlfc INDEX, 1677 PUBLIC ADMINISTRATOR. (Continued.) Salaries of in various counties. See Counties. Treasurer receiving money or property from, duty of, Act 837, §§ 81, 82. Validation of sales by public administrators before obtaining letters, Act 2809. PUBLIC BUILDINGS. See Counties; Municipal Corporations; Public Works. Armory for national guard in San Francisco, Act 2431. Assembly or convention halls, cities authorized to incur indebtedness for. Act 2372. Assembly or convention halls, rules for conduct of. Act 2372, § 9. Cities over 100,000 authorized to condemn site and erect building, Act 2364. Contract for, change of. Act 837, § 38. Contracts, by state, regulation of. Act 2897. Contracts in relation to erection, construction, alteration, repair or improvement of, regulation of. Act 2901. Erection of, regulation of. Act 2815. Exposition building at Los Angeles, Act 1990. Lighting streets and public buildings, letting of contracts for. Act 2340. Plans, and specifications, change of. Acts 837, §37; 2818,2899. State, contracts in behalf of in relation to. Act 2816. State building in San Francisco, act providing for. Act 2819. State building in San Francisco, act to facilitate erection of, Act 2820. Supervisors, powers and duties of. Act 837, § 25, subd. 8. Unfinished, completion of, Acts 2817, 2818, 2899. PUBLIC DEBT. Bonds. See Bonds. Cities authorized to incur debt to construct waterworks, sewers, etc., Act 2361. Cities between 26,000 and 30,000 authorized to vote on paying debt of certain years, Act 2825. Cities of certain class authorized to vote on question of paying. Act 2370. Debts against state in excess of appropriation, creation of prohibited. Act 2826. Incurring by cities for public improvements, Act 2900. Loan commissioners, additional powers granted to. Act 2824. Refunding of in cities other than first class, authorized. Acts 2367, 2368. To pay cost of permanent public improvement, incurring of authorized. Act 2369. War debt of state, and redemption of, Act 2823. PUBLIC HEALTH. Attorney for state board of health and board of health of San Francisco, Act 2831. Cities of first class authorized to erect hospital. Act 2342. Cities of first class, boards of health, provisions relating to. Act 2348, §§165- 199. Cities of first class, health or quarantine regulations in. Act 2348, §§ 165-199. Cities of fifth class, city marshal is ex officio health officer. Act 2348, § 751. Contagious diseases, introduction, investigation and suppression of. Act 2833. Contagious or infectious disease, prevention of introduction of. Acts 2835, 2836. Cutting of hair of persons convicted of misdemeanor. Acts 2834, 3863. Embalming of dead bodies, rules governing. Act 2830, §§18,19. Exhumation and removal of dead bodies, regulation of. Acts 440, 2832. Food, inspection of persons by whom prepared or handled, Act 2829. Food, inspection of places where prepared. Act 2829. Food-producing establishments, sanitation of. Act 2829. Food, regulation of health of persons by whom food is prepared or handled, Act 2829. 1678 INDEX. PUBLIC HEALTH. (Continued.) Food, sanitntion of places where food is stored, prepared, kept, manufactured or sold. Act 2829. Food, violatiou of statute providing for sanitation of, punishment of, Act 2829. Garbage crematories, regulation of operation of, Act 2828. Health officer and special health officer, salaries of. See Counties. Health officer, appointment, compensation and duties of, Act 837, § 25, subd. 20. Health officer, counties of second class, salary of, Act 837, § 159, subd. 12. Health officers, local, duties of. Act 2830, § 11. Health officers, local, reports to state board, Act 2830, § 11. Health oflicers, power to regulate plumbing, Act 2839. Health officer, special, counties of second class, Act 837, § 159, subd. 12. Health supervision in schools. Act 3585. House-boats on rivers and streams, when a nuisance. Act 4368. Ice, regulations governing manufacture, storage, sale or transportation of, Act 2830, §§ 6-10. Infectious diseases, introduction, investigation and suppression of, Act 2833. Inspection of dairies and dairy products. Act 877. Maternity and lying-in hospitals, powers of health officers. Act 1523. Misdemeanor, violation of provisions of public health act, Act 2830, § 21. Pesthouses within cities, establishment of prevented, Act 2646. Plumbing and drainage of buildings, regulation of by boards of health or health officers, Acts 2838, 2839. Public health act of 1907, Act 2830. Public health act, construction of, Act 2830. Quarantine. See Quarantine. Railroad cars, inspection of. Act 2835. Reports of cases of contagious, infectious or communicable diseases, Act 2830, § 16. Rodents, extermination of. Act 2506a. Rodents, property infested with, Act 2506a. Sale of milk from diseased cows, prevention of, Act 877. Sanitary condition of worksliops and factories, Acts 1098, 2138, 2841. Sanitary districts. See Sanitary Districts. Schools, development supervision in, Act 3585. Schools, health supervision in, Act 3585. School, instructors, teachers or pupils with infectious, contagious or communi- cable diseases not permitted to attend, Act 2830, § 17. Sewers, privies, vaults, etc., in rivers or streams, when a nuisance, Act 4368. State board of health authorized to purchase and manufacture diphtheria anti- toxin. Act 2837. Supervisors of county, powers and duties regarding, Act 837, § 25, subd. 20, Transportation of dead bodies, rules governing. Act 2830, § 20. Tuberculosis, duty of state board of health as to treatment of indigent residents afflicted with, Act 2843. Tuberculosis, prevention of, dissemination among people as to best means of prevention of, Acts 2842, 2844. Tuberculosis, treatment of indigent residents afflicted with, Act 2843. Vaccination of children, Act 2840. Waters, pollution of. Act 2830, §§ 2-5. PUBLIC IMPROVEMENTS. See Public Buildings; Public Works. Acquisition, construction and improvement of regulated. Act 2371. Contracts in relation to erection, construction, alteration, repair or improvement ct, regulation of. Act 2901. i INDEX, 1679 PUBLIC IMPROVEMENTS. (Continued.) Disposal of surplus funds, Act 2346. Incurring indebtedness for by cities, Acts 2369, 2371, 2900. Within cities, special tax for, Acts 2344, 4042. PUBLIC INSTITUTIONS. Exchange of commodities, between public institutions, Act 2843, Payment of moneys into state treasury, Act 1279. PUBLIC LANDS. Actions against state to quiet title to certain land authorized. Act 3793. Actual settlers on, protection of. Act 2849. Agricultural college grant, governor authorized to reconvey part of to United States, Act 2846. Applications for sale of, regulation of, Act 2860. Application to purchase, deposit to accompany. Acts 2860, 3827. Application to purchase, deposit, when forfeited and when returned. Act 3827. Applications to purchase legalized, Act 3833. Application to purchase of John D. Justice validated, Act 2870. Applications to purchase, regulation of. Act 2860. Assent of state to act of Congress applying proceeds of public land for college, Acts 634, 3786. Certificates of purchase, completion of purchase, granting time for, Act 3828. Certificates of purchase, holders forfeit rights, when, Act 3828. Certificates of purchase or location evidence of title. Act 2863. Certificates of purchase, payments by holders of where subsequent certificates issued, Act 2866. Claimants and occupants, governor and surveyor general authorized to sell cer- tain lands to, Acts 2869, 3832. Cutting and carrying away timber from. Act 1404. Destruction of timber on, prevention of, Act 1403. Encouragement of settlers on. Act 2852. Filings, number of permitted. Act 3827, § 2. Forest fires on, prevention of destruction by. Act 1168. Forest reservations, consent of state to, Act 2883. Fraud, forfeiture of payment to state where title sought by, Act 3825. Governor and surveyor general authorized to sell certain lands to claimants and occupants. Acts 2869, 3832. Governor authorized to reconvey to United States part of agricultural college grant. Act 2846. Highways and roads, right of way for given over public lands. Act 1451. Homestead claimants, protection of. Act 2853. Improvements on, removal of. Act 2871. Jurisdiction ceded to United States over lands given to. Act 3830. Jurisdiction over lands acquired for military purpose ceded to United States, Act 3829. Lakes, sale of lands uncovered by recession or drainage of. Acts 2857, 4031. Management of. Act 2855. Mineral land belonging to state, sale and location of. Act 2227. Moneys from sale, disposal of, Act 3828. Patents for state lands taken subject to right of way granted to United States, Act 2873. Payments forfeited to state where title sought by fraud. Act 3825. Possessory actions, mode of maintaining and defending, Acts 2847, 2848, Possessory claims, protection of growing trees on, Act 1402. 1680 INDEX. PUBLIC LANDS. (Continued.) Pre-emption claimants, protection of, Act 2S53. Presentation and cancellation of unlocated school land warrants, Act 2868. Protection of growing timber on possessory claims, Act 1402. Protection of settlers on, Act 2852. Quieting title to lands, Act 2849. Right of way over granted to roads and highways. Act 14.51. Rights of way over lands of state granted to United States, Act 2873. Sale of, Act 2855. Sale of, application of John D. Justice validated, Act 2870. Sale of, board of examiners to invest moneys in county bonds. Act 360. Sale of, certain lands reserved from sale. Acts 2856, 3838. Sale of, certificates of purchase or of location evidence of title. Act 2862. Sale of, examination into the sale and disposal of. Acts 28C1, 3836. Sale of, governor and surveyor general authorized to sell certain lands to claim- ants, Act 2869. Sale of, lands sold to actual settlers by United States in Colusa County, released to United States, Act 660. Sale of lands uncovered by recession of lakes. Acts 2857, 4031. Sale of, legalizing sales. Acts 2863, 2864, 2865. Sale of, payment by holders of certificates where subsequent certificates issued, Act 2866. Sale of, redemption by purchasers where title foreclosed for nonpayment of inter- est. Acts 2872, 3835. Sale of, relief of purchasers of. Acts 2867, 3834. Sale of, reservation of certain lands. Acts 2856, 3838. Sale of salt marsh and tide lands. Act 2858. Sale of swamp lands and disposition of. Act 2859. Sale of, titles of purchasers under applications to purchase confirmed, Act 3833. Salt marsh lands, survey and disposition of. Act 2858. School lands, applications for purchase of. Acts 2860, 3827. School lands, applications for purchase, regulation of. Act 3827. School lands, board of examiners authorized to invest proceeds of in county bonds. Act 360. School land fund, loan from to state. Act 1286. School lands, legalizing payments for. Act 2865. School lands, punishment for cutting or carrying away timber on. Act 1404. School lands, sale of, application for, deposit to accompany, Acts 2860, 3827. School land warrants, unlocated, presentation and cancellation of. Acts 2868, 3826. Settlement of controversy between United States and state concerning certain public land. Act 2875. Settlers, actual, protection of. Acts 2849, 3839. Settlers on, bona fide, protection of, Act 3837. Settlers on, encouragement of, Act 2852. Settlers on lands within Mexican grant restored to public domain, rights of, Act 2854. Settlers on, ousted under a foreign grant which was rejected, redress of. Act 2850. Settlers on, protection of. Acts 2849, 2850, 2851, 2852, 2854, 3831, 3839. Settlers, pre-emption and homestead claimants, protection of. Act 2853. State authorized to release to United States certain school lands in Cleveland National Forest, Act 2876. Survey and disposition of salt marsh lands. Act 2858. Swamp lauds, sale of and disposition of funds from, Act 2859. INDEX, 1681 PUBLIC LANDS. (Continued.) Swamp and overflowed lands. See Swamp and Overflowed Lands. Tide lands, survey and disposition of, Act 2858. Timber, protection and prevention of destruction of, Acts 1402, 1403. Title of state in lieu lands selected for school lands in reservations, validated, Act 2874. Titles of purchasers under applications to purchase confirmed, Act 3833. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. Trusts relating to town lands granted to cities by act of Congress, execution of. Acts 2335, 2336. PUBLIC LIBRARIES. Cities of third class, supervisors appoint trustees, Act 2348, § 509. Cities of fourth class, trustees, appointment of, Act 2348, § 636. Cities of fifth class, free libraries in, trustees of, election of, Act 2348, § 758. Cities of fifth class, trustees, vacancies, filling of and term of appointee, Act 2348, § 758. County library systems, establishment of. Act 1248. Establishment of free libraries and reading-rooms, Acts 1245, 1246, 1247. Gifts and donations to, encouragement and protection of. Acts 4162, 4163. Levy of tax where city organizes under municipal corporation bill, Act 2348, § 534. Library associations, act relating to. Act 1244. Library districts, acquisition of property by. Act 1249. Library districts, assessment, collection, custody and disbursement of taxes in. Act 1249. Library districts, calling and holding of elections in. Act 1249. Library districts, creation of boards of library trustees in. Act 1249. Library districts, formation, government and operation of, Act 1249. Newspaper files in recorders' offices, deposit of in, authorized, Act 1250. Normal school at San Jose, trustees authorized to reconvey tract to city for. Act 3558. State library. See State Library. Trusts for benefit of, creation of. Acts 4162, 4163. Unincorporated cities or towns authorized to equip, establish and maintain, Act 1249. Unincorporated towns, establishment of by. Act 1249. PUBLIC MUSEUMS. See Museums. Cities or counties authorized to acquire lands for purpose of erecting. Act 2387. Establishment and maintenance of in cities of fourth, fifth and sixth class. Act 2876a. PUBLIC PARKS. Assessment districts, establishment of to pay expenses of acquiring. Act 2884. Cities, and cities and counties authorized to acquire and maintain. Act 287S. Cities authorized to acquire by condemnation. Act 2884. Cities authorized to build street and roads to parks owned outside of city. Act 2881. Cities of first class, provisions relating to parks in. Act 2348, §§ 200-202. Cities of sixth class, provision relating to parks in. Act 2348, § 862, subd. 4. Commissioners authorized to receive donations and bequests. Act 2880. Consent of state to reservation by Congress for public park, Act 3785. Forest reservations, consent of state to, Act 2883. 1683 INDEX. PUBLIC PARKS. (Continued.) Franchises to construct railroads beyond city limits to, Act 2930. Governor authorized to accept grant for, in Butte County, by Annie E. K. Bid- well, Act 2885. Jurisdiction of cities over parks outside of city, Act 2882. Maintenance and support of. Act 2879. Supervisors authorized to levy tax for maintenance of parks. Act 2877. PUBLIC PROPERTY. Protection of growing timber on public grounds, Act 1402. PUBLIC WAYS. See Highways. PUBLIC WORKS. Acquisition of, regulation of. Act 2371. Assembly halls, construction of. Act 2372. Assembly halls, indebtedness, incurring for, Act 2372, Assembly halls, rules for conduct of. Act 2372, § 9. Building fund. Act 2364, § 4. Buildings, construction of, provisions governing. Act 2364. Buildings, contracts, bids, proposals, payments, etc., Act 2364. Buildings, contracts on behalf of state in relation to, regulation of, Act 2897. Buildings, plans and specifications. Act 2364. Buildings, regulation of erection of. Acts 2896, 2897. Buildings, unfinished, change of plans, Act 2899. Buildings, unfinished, completion of. Act 2898. See Public Buildings. Cities authorized to acquire and operate railroads, power plants, telephones, etc., in construction of public works. Act 2902. Cities of third class, to be done by contract. Act 2348, § 536. Cities of fifth class, to be contracted for. Act 2348, § 777. Cities of sixth class, to be done by contract on bids. Act 2348, § 874. Cities over 100,000 authorized to condemn land and erect buildings. Act 2364. Commissioner of, auditing board to, creation of. Act 2891. Commissioner of, auditing board to, powers and duties of. Act 2891. Commissioner authorized to obtain way to divert water of Mormon Channel into Calaveras River, Act 2892. Commissioner of, creation, duties, powers and compensation, Acts 2888, 2889, 2890. Commissioner of, term of office. Act 2890, § 1. Commissioner of vacancies, filling and term of appointee, Acts2890, §1; 2891, §1. Commissioner, right of way obtained by for canal from Mormon Channel to Cala- veras River, grant of to United States, Act 3353. Construction or completion of, regulation of. Act 2371. Contracts in relation to erection, construction, alteration, repair or improvement of, regulation of. Act 2901. Debt for improvements, incurring. Act 2371. Debt for improvements, limit on. Act 2371, § 4. Debt to pay for improvement, incurring of authorized. Act 2369. Hours of labor. See Hours of Labor. Improvements, incurring indebtedness for. See Municipal Corporations. Intoxicating liquors, sale of near construction camp prohibited. Act 1695. Laborer, retaining portion of wages, punishment of. Act 2549. Materialmen, mechanics or laborers on, liens of, Act 1950, 2895. Mechanic's lien on, Act 2895. INDEX. 1683 PUBLIC WORKS. (Continued.) Minimum compensation for labor on, Act 2894. Payment of materialmen and laborers on public works, eecuring. Act 2895. Public improvements, within cities, special tax for. Act 2344. Retaining part of wages of laborers on public works, a felony. Act 2549. Soldiers, sailors and marines of war of rebellion preferred in public service, Act 2893. State engineer, Act 3811. See State Engineer. State engineering. See State Engineering. Tax, special, for public improvements within city, Act 2344. Waters, to protect cities from overflow, issuance of bonds, Act 2366. Waters, to protect cities from overflow, manner of construction. Act 2366. PUNISHMENT. See Preston School of Industry; Whittier State School. Commitment to house of correction, Act 1540. Parole commissioners, creation of board for parole and government of prisoners, Act 3866. State prisons. See State Prisons. PUEITY OF ELECTIONS. Act relating to repealed, Act 1021. Promotion of. Act 1015. PUTAH CREEK. Yolo and Solano canal district, formation of to protect lands from overflow by Putah Creek, Act 2905. PUTAH SCHOOL DISTRICT. Union with Yolo school district, Act 3538. Q QUARANTINE. Against diseases or animals injurious to fruit trees, vines, vegetables, etc.. Act 1517. Against domestic animals from infected districts. Act 2910. Cities of tirst class, quarantine regulations, Act 2348, §§ 173-180, 182, 194, 196. Establishment of against other cities and towns. Act 2830, § 15. Livestock inspector, power to establish and enforce, Act 837, § 152 1,^ . Local quarantine rules, report of to state board of health, Act 2830, § 11. Places of. Act 2830, § 14. Rules governing, Act 2830, § 13. State board of health may order, when, Act 2830, § 12. QUICKSILVER. Pure, secured to miners. Act 2218. QUIETING TITLE. See Establishment of Title. Actions against state to quiet title against claims under inheritance tax law, Act 4036. Actions against state to quiet title to certain land authorized. Act 3793. Public lands, quieting title, Act 2849. B RAILROAD COMMISSIONERS. Act of 1909 organizing and governing, Act 2921. Commissioners of transportation, Acts 676, 2930. Duties of, Act 2921. Organization of, Act 2921. Powers of. Act 2921. Transportation companies, duties of, Act 2921. Transportation companies, offenses by and penalties for, Act 2921. RAILROADS. See Tramroads. All corporations authorized to do business on equal terms. Act 2917. Appointment of police to serve upon cars or boats. Act 2734. California and Oregon railroad company, act of Congress relating to, given effec't to. Act 494. California Pacific Railroad Company, rights and privileges granted to. Act 499. Cars for shipment of freight, duty to furnish on application. Act 2933. Cars for shipment of freight, penalty and damages for failure to furnish, Act 2933. Cars furnished by for shipment of freight, penalty for failure to unload. Act 2933. Central Pacific Railroad. See Central Pacific Railroad Company. Colfax to Nevada City, railroad from. Act 2918. Commissioners of transportation, appointment of. Act 2920. Commissioners of transportation. See Commissioners of Transportation. Complete roads, railroads enabled to, Act 2927. Counties authorized to become stockholders in. Act 801. Demurrage for failure to unload cars, Act 2933. Duties of. Act 2921. Explosive, transportation of, liabilities, Act 1093, § 9. Fares, rates of on street railroads in cities over 100,000, Act 2929, Franchises for, sale or granting of. Acts 1230-1232. Franchises to construct railroads beyond city limits to public parks, Act 2930. Harbor commissioners authorized to construct over state land, Act 1424. Incorporation of, Acts 2915, 2916. Inspection of railroad cars by board of health. Act 2835. lone to Sutter Creek or Jackson, railroad from. Act 2922. Lease of China Basin in San Francisco to San Joaquin Valley Railroad Company ratified. Act 1872. Lease of railroad corporations. Act 2917. Leases made by officers for terminal facilities, ratification of. Act 1890. Mail carriers permitted to ride free on street-cars. Act 2930. Marysville to Knight's Landing, railroad from. Act 2919. North Beach and Mission Railroad Company, certain privileges granted to, Acta 3260, 3261. Offenses by and punishment of. Act 2921. Operation and management of roads above certain elevation, Act 2926. Operation of compelled. Act 2925. Ordinances permitting cars to be propelled by electricity ratified. Act 2928. Policemen, appointment of to serve on. Act 2734. Right of way for railroad from Atlantic to Pacific granted to United States, Act 4213. Southern California Railroad Company, granted right of way over asylum grounds in San Bernardino County, Act 2923. Spur tracks in cities, construction of authorized, Act 2334. I INDEX. 1685 RAILROADS. (Continued.) Spur tracks, permit revocable, Act 2334. Steam railroads authorized to use electricity or steam. Act 2924. Street-cars, fenders and brakes on. Act 2931. Street, franchises for, granting or sale of, Acts 1229—1232. Street, franchises for, limiting time for granting, Act 1233. Street railroads. See Street Railroads. EAMIE CULTURE. Bounty for fiber. Act 2937. Encouragement of, Act 2937. State superintendent of, Act 2937. RATIFICATION. Conveyances by city for charitable or educational purpose, ratification of. Act 2382. Of lease of China Basin in San Francisco, Act 1890. Void probate sales, of, Act 2785. EATS. Authority of state and local boards of health in extermination of, Act 2506a. Expense of extermination a lien on property, Act 2506a. Expense of extermination, lien of, foreclosure of, Act 2506a. Expense of extermination of, payment of. Act 2506a. Inspection of property infested with by boards of health and health officers. Act 2506a. Misdemeanor, violation of provisions of statute relating to extermination of rodents, Act 2506a. Owners of property infested with to exterminate, Act 2506a. Property infested with declared to be a nuisance. Act 2506a. Supervisors authorized to purchase materials and employ inspectors to prose- cute work by extermination, Act 2506a. RATTLESNAKE SCHOOL DISTRICT and Wild Goose School District, El Dorado County, consolidated, Act 3543. READING. iVame of Redding changed to, Act 3000. REAL ESTATE. Establishment of title where records destroyed. See Establishment of Title. Married woman authorized to convey, Act 2109. Simplification of transfer of, Act 4115. Title to. See Titles. Torrens land act for certification of land titles and simplification of tranfer of real estate, Act 4115. REAL PROPERTY. See Real Estate. Establishment of title to where records destroyed. See Establishment of Title, RECEIPTS. Officers in cities of first class to give for moneys received. Act 2348, § 98, Receipts by officers of cities of first class as evidence, Act 2348, § 98. Warehousemen's, Act 4393. Wharfinger's, Act 4393. 1688 INDEX. RECEIVERS. Bonds, deposit of money or assets with corporation and reduction of bonds Acts 770, 1055. Bond of, cost of, chargeable against estate. Act 368. Corporation as and powers and duties of. Act 770. Corporation as, rights and duties of. Act 1055. Corporations authorized to act as, Acts 770, 1055. Deposit of moneys or assets with corporation and reduction of bonds. Acts 770. 1055. RECLAMATION. See Reclamation Districts; Water Users' Associations. Storm-water districts. See Storm-water Districts. RECLAMATION DISTRICTS. American River reclamation district No. 1, creation, control and management of, Act 2939. Annulment of for nonuse of corporate powers, Act 2974. Appeals from orders relating to, Acts 2976, 2977. Assessments in equalization of, Act 2972. Bonds, election for issuance of, Act 2975, §§ 1-5. Bonds, fees not to be paid officers for services, Act 2975, § 10. Bonds, issuance of and form of. Act 2975, § 5. Bonds, payment of, Act 2975, §§ 5, 8. Bonds, proceedings when district in different counties, Aci 2975, § 9. Bonds, sale of and disposition of proceeds, Act 2975, § 6. Bonds, taxes. Act 2975, § 9. Certain districts subjected to provisions of code, Act 2973. Consolidated government of, Act 2982. Creation of reclamation district number 70, Act 2941. Disbursements, how paid. Act 2975, § 7. Dissolution of for nonuser of corporate powers, Acts 2803, 2974, 4028. Drainage. See Drainage. Indebtedness of, funding of. Act 2942. Levee districts. See Levee Dsitricts. Morman Slough, inhabitants authorized to form reclamation district, Act 2943. No. 2, Sutter County, boundaries and government, Act 2946. No. 54, Sacramento County, ratifying Act 2952. No. 70, creation, control and management of, Act 2941. No. 108, Yolo and Colusa counties, warrants of, Act 2956. No. 108, Yolo County, legalized. Act 2955. No. 124, Colusa County, validated, Act 2959. No. 205, Sacramento County, creation and organization of, Act 2961. No. 252, Sacramento County, establishing, Act 2963. No. 254, Sacramento County, creation of, Act 2964. No. 317, Sacramento County, creation of. Act 2966. No. 730, Yolo County, formation and organization of, legalized. Act 2978. No. 785, Yolo County, formation and organization of, legalized. Act 2979. No. 787, formation and organization of, legalized, .\ot2980. No. 791, Sacramento County, authorized to maintain joint works of reclamation with persons, corporations, towns or firms. Act 2981, note. No. 791, Sacramento County, authorized to sell and dispose of drainage and flood waters. Act 2981, note. No. 791, Sacramento County, payment of assessments to county treasury of Sac- ramento county authorized. Act 2981. No. 800, creation, control and management of, Act 2940. I INDEX. 1687 EECLAMATION DISTRICTS. (Continued.) Protection districts. See Protection Districts. Sacramento County, delinquent nssessments, collection of, Act 2968. San Joaquin County, in. Act 2969. Solano County, supervisors authorized to approve petitions to form, Act 2971. Storm-water districts. See Storm-water Districts. Subject to provisions of Political Code, when, Act 2973. Swamp land districts. See Swamp and Overflowed Lands. Union Island, reclamation districts No. 1 and No. 2, creation, organization and government. Act 2970. Yolo County, supervisors authorized to approve petitions for, Act 2971. RECORDERS. See Recorder's Court. Acknowledgments taken before, validated, Act 16. Acknowledments taken before deputy recorders validated. Act 17. Acts of legalized. Act 2982. Bond of, Act 837, § 66. Books, how obtained. Act 837, § 119. Books may contain printed forms. Act 837, § 119. Books what to acquire. Act 837, § 119. Cities of first class, deputies and assistants, and salaries of, Act 2348, § 26, subd. 7, § 131. Cities of first class, deputies and copyists, Act 2348, § 131. Cities of first class, duties and powers of, Act 2348, § 131. Cities of first class, provisions of municipal corporation bill regarding apply only to consolidated cities and counties. Act 2348, § 287. Cities of first class, provisions when only apply. Act 2348, § 287. Cities of first class, salary of. Act 2348, § 26, subd. 7. Cities of fifth class, city clerk is ex officio recorder. Act 2348, § 751. Cities of fifth class, compensation of. Act 2348, § 755. Cities of fifth class, election and term of office. Act 2348, § 752. Cities of sixth class, appointed by board of trustees. Act 2348, § 851. Cities of sixth class, compensation of, Act 2348, § 855. City, fees of in criminal cases not a charge against county. Act 1125. Consolidation, separation and reconsolidation of auditor and recorder. Act 837, § 55. Consolidation, separation and reconsolidation of county clerk, auditor and recorder. Act 837, § 55. Contracts with water users' associations, recordation of and fees for, Act 2983. Counties of fifth class auditor and recorder separate offices. Act 837, § 162, subd. 17. County officer, is. Act 837, § 55. Custody, has, of books, records, maps and papers. Act 837, § 119. Date of receipt and amount of fees to be indorsed on instrument, Act 837, § 126. Deputies and assistants in various counties. See Counties. District mining records, deposit of with, Act 2216. Duties and liabilities of enumerated. Act 837, §§ 119-131. Duty to take and certify instruments authorized to be recorded, Act 837, § 128. Fees, prepayment of, necessary, Act 837, § 130. Indexes and books, what to be kept. Act 837, §§ 121, 122. Indexes, how to be kept. Act 837, §§ 121, 122, 125. Indorsements, what to be made on instruments. Act 837, § 127. Inspection, records, maps, books, etc., open to. Act 837, § 131. Inspection, records, maps, books, etc., to be arranged so as to facilitate, Act 837, § 131. Judgments and decrees affecting realty, to file ind record, Act 837, S 123. 1688 INDEX. RECORDERS. (Continued.) Neglect, mistake or misconduct of, liability for, Act 837, § 129. Newspaper files in recorder's offices, deposit of in public libraries authorized. Act 1250. Office liours, Act 837, § 61. Particular county. See particular title. Partition, decrees affecting, recording of and effect of. Act 837, §§ 123, 124. Salaries of in various counties. See Counties. Time for recording and book and page where recorded to be indorsed on, Act 837, § 127. Time, order and manner of recording instruments, Act 837, § 126. What instruments to be recorded, Act 837, § 120. RECORDER'S COURT. Cities of fifth class established under municipal corporation bill. Appeals, Act 2348, § 806. Disqualification of recsrder, and proceedings on, Act 2348, § 808. Establishment of. Act 2348, § 806. Jurisdiction of, Act 2348, § 806. Powers of recorder. Act 2348, § 807. Practice and procedure, Act 2343, § 806. Recorder is judge of, Act 2348, §§ 806, 807. Trial, when by court and when by jury. Act 2348, § 806. Cities of sixth class incorporated under municipal corporation bilL Appeals, Act 2348, § 882. Disqualification of recorder and proceedings in case of, Act 2348, § 88'1. Establishment of, Act 2348, § 882. Pees of recorder. Act 2348, § 883. Juris'diction of, Act 2348, § 882. Power of recorder as judge, Act 2348, § 883. Practice and procedure. Act 2348. § 882. Recorder is judge of. Act 2348, §§ 882, 883. Trial to be by jury when and when by court. Act 2348, § 882. RECORDS. See Restoration of Records. All books, papers and maps open to inspection without charge. Act 837, § 131. Burnt or destroyed. See Burnt or Destroyed Records or Documents. Copies of. See Burnt or Destroyed Records or Documents, Act 442. Courts, records of transferred to courts formed under constitution of 1879, Act 2987. Judges not to order production of original papers. Act 2348, § 125. Notice, record of decree in partition as, Act 837, § 124. Transfer of records from courts existing prior to 1879, Acts 844, 2987. RED BLUFF. County judge to distribute to inhabitants lots held in trust for, Act 2993. Hogs prevented from running at large in. Acts 2994, 2995. Incorporation of. Act 2992. REDDING. Hogs prevented from running at large in. Act 3612. Name of Redding changed to Reading, Act 3000. REDEMPTION. Purchaser of public land, redemption by, after forfeiture. Acts 2872, 3835. Taxation, from. See Taxation INDEX, 1689 BED MEN. Incorporation of, Act 3005. REDWOOD CITY. Clerk of board of trustees, election of, Act 3012. Incorporation of. Act 3010. Stambaugh Street, trustees authorized to extend and open, Act 3011. Superintendent of streets, election of, Act 3012. BEFEBEES. See Commissioners in Equity. BEFOEMATOEIES. See Preston School of Industry; Whittier State School. Boards to investigate organization receiving dependent or delinquent children, Act 1769. House of correction, commitments to, Act 1540. House of correction in San Francisco. See San Francisco. Industrial School of San Francisco, Act 3237. State prison directors directed to investigate as to cost of. Act 2780. BEGISTEATION, Deaths, registration of, Act 897. Deaths, of. See Death. Purchasers of pistols, registration of, Act 883. Titles, of, Act 4115. BELIEF COEPS. See Woman's Relief Corps. RELIGIOUS CORPORATIONS. License tax, exempt from, Act 757. BENT. Cities of first class authorized to pay rent out of general fund, Act 3209. BEPORTER. See Supreme Court Reporter. REPORTS. Particular officers, by. See particular title. RESCUE. Liability of sheriflf for. Act 837, §§ 96, 97. RESERVATIONS. Forest. See Forest Reservations. Lands within Indian reservations granted to United States, Act 1605. State lands, certain, reserved from sale, Act 3838. Title of state to lieu lands selected for school lands in national reservations validated. Act 2874. RESOLUTIONS. See Ordinances. Mayor, to be presented to. Act 2583. RESTAURANT. Refusal of admission to because of race or color, punishment of. Act 605. RESTRAINING ORDERS. Ub« of, in disputes between master and servant limited, Act 692. 1690 INDEX. RESTRAINT OP TRADE, Trusts in restraint of, act regulating and prohibiting, Act 4166. See Trusts. RETURN. See Notices; Process; Sheriffs. REVENUE. See Taxation. Act to provide revenue for support of government, Act 3017. REWARD. Exhumation of body v^ithout permit, reward for information. Act 545, § 5. Governor authorized to offer. Act 1387. RHETT LAKE. United States authorized to lower level of and use for reclamation or irrigation. Act 1858. RIOTS. Compensation of parties whose property destroyed by mobs or riots. Act 2251. National guard, expenses of in case of, Act 2432. RIO VISTA. Brazos del Rio, name of changed to Rio Vista, Act 413. RIO VISTA SCHOOL DISTRICT. Woods Island, Sacramento County, annexed to, Act 3540. RIVERS. See Waters. RIVERSIDE COUNTY. Boundaries of. Act 3022. Classification and population of, Act 837, §§ 10, 157. Classification of, Act 3022. County seat, location of. Act 3022. Creation of. Act 3022. Officers, deputies and assistants, and salaries, fees and allowances of, Act 837, § 177. Orgaiiizatinn of and appointment and election of officers. Act 3022. Population of. Act 837, § 10. Rights between, and other counties, adjustment of, Act 3022. ROADS. See Highways. Particular counties, roads in. See particular title. Regulation of, Acts 3027, 3028. Wagon road corporations. See Wagon Road Corporations. Yosemite Valley, roads in, purchase of, Act 4468. RODENTS. See Ratg. RODEOS. See Animals. ROSTER. State, compilation, printing, binding, publishing, and distribution of. Act 349. ROUGH AND READY. Name of Rough and Ready changed to Etna, Act 3033. INDEX, 1691 s SACRAMENTO CIT-J. Attorney for, election of, Act 3040. Auditor and ex officio clerli of trustees, salary of, Act 3041. Boards of trustees, further powers of. Act 3057. Boards of trustees of. acts relative to. Acts 3057, 3058. Boundaries of. Act 3038. Canals and levees, power to construct, conferred upon. Act 3043. Capitol. See State Capitol. Charter of. Act 3039. Dispensary in, establishment and maintenance of, Act 3045. Drainage of. Act 3046. Expert, appointment of. Act 3049. Fire department in, establishment of paid, Act 3047. Firemen's association, exempt, organizing. Act 3048. Folsom, construction of state highway to, Act 1457. Funded indebtedness, redemption of, Act 3042. Gas-pipes in, O. W. Chesley authorized to lay. Act 3044. John Hoagland, authorizing suit against, Act 3050. Incorporation of, Act 3039. Roads in, Act 3051. School moneys, payment of into treasury of. Act 3055. State capital, location of at, Act 3804. Street assessment in, legalizing, Act 3054. Streets, improvement of, Act 3052. Streets in. Act 3051. Street tax, legalizing assessment of. Act 3053. Swamp lands, granting of to. Act 3056. Trustees of, powers of, Act 3060. Water rates in, collection of, Act 3059. SACRAMENTO COUNTY. Assessor of. Act 3065. Classification and population of, Act 837, §§ 10, 157. Constable, fees of. Act 3068. District attorney, compensation of, Act 3066. East Park, protection of property of, Act 3067. Fees of constables. Act 3068. Fees of justices of the peace, Act 3068. Fees of officers. Act 3069. Fences, division in. Act 1138. Government of. Act 3064. Growing timber on private grounds, destruction of prevented, Act 1577. Hunting on private inclosed grounds in, prevention of, Act 1577. Judge, additional, for. Act 3070. Justices of the peace, fees of. Act 3068. Levee commissioners, additional powers conferred on, Act 3071. Levee district No. 1, in, Act 1916. Levees in, construction and repair of, Act 3072. Matron for county jail. Act 837, § 214%. Notaries, additional, in, Act 3073. Officers, deputies and assistants, and salaries and fees and allowances of, Act 837, § 162. Officers, fees and compensation of. Act 3069. 1692 INDEX. SACRAMENTO COUNTY. (Continued.) Officers of, and salaries, fees and allowances of. Act 837, § 162. Population of. Act 837, § 10. Reclamation districts, delinquent assessments, collection of, Act 2968. Reclamation district No. 54, ratifying, Act 2952. Reclamation district No. 205, creation and organization of, Act 2961. Reclamation district No. 252, establishing, Act 2963. - Reclamation district No. 254, creation of, Act 2964. Reclamation district No. 317, creation of, Act 2966. Reclamation district No. 791, authorized to maintain joint works of reclamation with persons, firms, corporations or cities, Act 2981, note. Reclamation district No. 791, authorized to sell and dispose of drainage or flood waters. Act 2981, note. Reclamation district No. 791, payment of assessment by to county treasurer au- thorized, Act 2981. Records in, transcribing certain, Act 3074. Roads in. Acts 3051, 3075, 3076. Roads, certain persons allowed to take possession of and improve a certain road, Act 3077. Sheep, restricted from being herded or running at large in. Act 3078. Stallions, running at large in, prevention of, Act 1063. Supervisors of, powers of, defined, Act 3080. Supervisors, president and clerk of board of. Act 3079. Sutter Island, setting off portion of for school purposes. Act 3545. Swamp land district No. 2, provision for. Act 3046. Swamp land districts 50 and 54, funds for. Act 2967. Treasurer of, manner of counting moneys in hands of. Act 3081. Trespassing of animals in. Act 1071. Woods Island, annexed to Rio Vista school district, Solano County, Act 3540. SACRAMENTO DRAINAGE DISTRICT. Assessments, levying and collecting upon lands within, Act 979. Creation, division and management of districts within, Act 979, Creation of, Act 979. Officers, election and appointment of, Act 979. Officers, powers, duties and compensation of, Act 979. SACRAMENTO RIVER. Navigability of. Act 4358. Navigation of, improvement of, Act 3811. Rectifying channel and improving navigability by department of engineering, Acts 3814, 3815, 3816, 3817. Spark-catchers, use of on steamers on. Act 3888. SACRAMENTO RIVER DRAINAGE DISTRICT. Board of commissioners, creation, powers and duties of. Act 981. Creation of. Act 981. SAILORS. See Soldiers and Sailors; Veterans' Home. SALARIES. Officers, of. Act 1119. Particular officers. See particular title. Retaining portion of salary of subordinate officers a felony, Act 2549. SALES. Adulterated, mislabeled or mistranded drugs, sale of, prevention of, Act 30. Adulterated, mislabeled or misbraiuled goods, sale of, prevention of. Act 29. Deception in sale of dairy products, prohibition of. Act 875. False representations and advertisements as to articles, punishment for making, Act 3083. Fertilizer and manurial materials, regulation of sale of, Act 1157. Fraud and Imposition in stamping and labeling goods, Act 2100. Fraud in sale of fruit trees, prevention of, Act 1518. Fraud in sale of fruit trees, punishment of, Act 1518. Furniture stuffed with second-hand materials to be stamped and labeled, Act 2062. Paris green, fraud in sale of, prevention of. Act 2614. Paris green, regulation of sale of. Act 2614. Particular article, of. See particular title. Ratification of void probate sales. Act 2785. Trading stamps, penalty for violating statute forbidding use of. Act 4123. Trading stamps, use of forbidden. Act 4123. Validation of, by public administrators before obtaining letters, Act 2809. Warehouses in other states, goods in, sale of. Act 4319. Wines, deception in sale of, preventioa of. Act 45. SALINAS CITY. Charter of. Act 3087, note. Incorporation of. Act 3086. Reincorporation of. Act 3087. SALINAS RIVER. Declared navigable. Act 3092. SALMON. See Fish. SALOONS. See Intoxicating Liquors. SALT MARSH LANDS. Survey and disposition of. Acts 2858, 4033. See Swamp and Overflowed Lands. SAN ANTONIO CREEK. Bridge across, supervisors of Alameda County given control of. Act 104. Construction of drawbridge across allowed, Act 3098. Declared navigable, Acts 1798, 3097. Oakland, bridge across authorized. Act 2518. Preventing catching of fish in by weirs, nets or seines. Act 1330. SAN BENITO COUNTY. Animals of another, wounding in, punishment of. Act 1593. Animals, trespassing of in, prevented. Act 3104. Classification and population of, Act 837, §§ 10, 157. Creation of. Act 3103. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing through and leaving open, Act 1593. Licenses in. Act 3105. 1694 INDEX. SAN BENITO COUNTY. (Continued.) Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 200. Population of, Act 837, § 10. Roads and highways in, Act 3108. Squirrels, destruction of, Act 187. Transcribed records of legalized, Act 3106. Transcription of records from Fresno and Merced counties. Act 3107. SAN BERNARDINO CITY. Charter of, Act 3110. Construction of telegraph line from San Jose to, Act 4092. Interest escheating to state on incorporation becoming extinct, granted to. Act 3111. SAN BERNARDINO COUNTY. Agriculture, protection of, in, Acts 3113, 3114. Animals, prevention of trespassing of in, Acts 1071, 3113, 3114. Animals, wild, destruction of in. Act 188. Bee-keeping in, regulation and protection of. Act 3115. Classification and population of, Act 837, §§ 10, 157. County clerk, file clerk in office of provided for. Act 1758. District attorney, salary of. Act 3116. Fees of office in. Acts 3117-3119. Fences in, Acts 1134, 1135, 1137. Growing timber on private grounds, destruction of prevented, Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Highways in, provisions of Political Code made applicable. Act 3123. Hunting on private inclosed grounds in, prevention of. Act 1577. Irrigation ditches, water rights responsible for expenses on, Act 3120. Irrigation, protection of. Act 3120. Judge, additional, for. Act 3121. Justices in, amount and manner of payment of salaries of. Act 1758. Justices in, classification of townships for purpose of fixing salaries, Act 1758. Officers, deputies and assistants and salaries, fees and allowances of. Act 837, § 167. Officers of, fees and salaries of. Acts 3117-3119. Population of. Act 837, § 10. Records in legalized. Act 3124. Records of, preservation and transcription of. Act 3122. Squirrels and gophers, destruction of. Act 188. Supervisor districts, division into. Act 3126. Supervisors, compensation of. Act 3127. Supervisors in, election of. Act 3125. Tax collector, cashier in office of, provided for, Act 1753. Trespassing of animals in. Acts 1071, 3113, 3114. Wagon road in, construction and cost of, Act 3128. Water commissioners for. Act 4365. Water commissioners for, board of. Act 3129. Waters, overseer to regulate. Act 4365. SAN BERNARDINO FOREST RESERVE. See Forest Reservation. SAN BERNARDINO VALLEY TRACTION COMPANy Trustees of Southern California State Hospital authorized to convey certain land to. Act 1637». I INDEX, 1695 SAN BUENAVENTURA. Incorporation of, Act 3139. Ordinances, certain, approved, Act 3141. Reincorporation of, Acts 3140, 3141. School districts, legalizing and confirming boundaries of, Act 3158. SAN DIEGO CITY. Authorized to convey portion of La JoUa Park to University for biological station, Act 3157. Charter of. Acts 3145, 3147, note. Conveyances by municipal authorities validated. Acts 3149, 3150. Conveyance by to Richard C. McCormick ratified. Act 3153. Conveyances of pueblo lands in legalized, Act 3148. Conveyances to United States for military or naval purposes authorized, Act 3151. Conveyances to United States of realty necessary to change San Diego River au- thorized, Act 3152. Harbor Commissioners in authorized to transfer jurisdiction over ecrtain tide lands in San Diego Bay to United States, Act 3159. Harbor commissioners of. See Harbor Commissioners. Normal school at. Act 3556. Ordinances relating to Texas and Pacific Railroad Company, legalizing and re- pealing. Act 3154. Pilot and pilot regulations for port of, Act 3155. Reincorporation of, Acts 3146, 3147. School districts, legalizing and confirming boundaries of, Act 3156. SAN DIEGO COUNTY. Agriculture in, protection of. Act 3163. Animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of, prevented. Act 3163. Assessor, compensation of. Act 3164. Classification and population of. Act 837, §§ 10, 157. Conveyance of certain tide lands in San Diego Bay to United States, Act 3160. County clerk of, funds for use of tide waters of. Act 3167. False Bay, charge for use of tide waters. Act 3174. False Bay, fishing by means of weirs, dams, nets, traps or seines in, prevention. Act 1337. False Bay, machinery, erection of, authorized, Act 3174. False Bay, use of tide waters authorized, Act 3174. Fees of officers, Acts 3165, 3166. Fences in. Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Fishing in San Diego Bay by weirs, dams, nets, traps or seines, prevention of. Act 1338. Funding indebtedness of. Act 3170. Government of. Acts 3161, 3162. Growing timber on private grounds, destruction of prevented, Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of. Acts 1577, 1598. Inclosures, passing through and leaving open. Act 1593. Judges, increase of number of. Act 3171. Judges, reduction in number of, Act 3172. Normal school, state, establishment of in, Act 3556. 1698 INDEX. SAN DIEGO COUNTY. (Continued.) Notaries, additional in, Act 3168. Officers, deputies and assistants and salaries, fees and allowances, Act 837, | 166, OfficftTS of, fees and salaries of, Acts 3165, 3166. Population of, Act 837, § 10. Roads and highways in. Act 3173. Supervisors to transfer swamp land funds to contingent fund, Act 3169. Trespassing animals in. Act 1064. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. SAN FRANCISCO. Almshouse, establishment and maintaining. Act 3178. Army street in, opening. Act 3179. Assessor, appointment of deputies by, Act 3180. Assessor receives no commissions on collections or compensation for military roll, Act 837, § 210. Attorney for state board of health and board of health of. Act 2831. Auditor, additional powers conferred on. Acts 3193, 3314, 3321, 3322. Auditor, deputy, appointment of. Act 3181. Auditor, expending unexpended balances. Act 3322. Auditor, facilitating transaction of business in ofRce of, Act 3181. Auditor, further powers conferred on. Act 3193. Authorized to pay rent and salaries out of general fund. Act 3209. Balances, unexpended, expending of. Act 3327. Bay Street, grading of and changing of grade, Act 3182. Beach and water lots, boundaries of. Act 3185. Beach and water lots, granted to. Act 3185. Board of accountancy to have office at, Act 11, § 2. Board of education authorized to exchange lot, Act 3183. Board of education, further powers conferred upon. Act 3193. Board of education of, payment of claim of against state, Act 3176. Board of education, powers and duties of. Act 3184. Board of examination, further powers conferred upon. Act 3193. Bonds, issuance and sale of for construction of ferry depot in San Francisco, Act 1152. Bowman, James, interest of state in water lot quitclaimed to successors of, Act 4028. Cemetery Avenue, conveyance of and plaza reserved up to New Cemetery Avenue authorized. Act 3199. Cemetery Avenue, supervisors authorized to convey tract comprising. Act 3190. China Basin, ratification of lease of to San Joaquin Valley Railroad Company, Act 1890. Channel Street, acquiring lands contiguous to. Act 3321. Channel Street, canal through. Acts 3191, 3192. Channel Street, opening of. Act 3297. Channel Street, vacation and sale of certain parts of. Act 3321. Charter of, Act 3177. City and county attorney, additional fees for and for assistants. Act 3208. City attorney, assistants to. Act 599, City hall, board of city hall commissioners, abolishing, Act 3189. City hall, completion of, Act 3188. City hall, erection of, Act 3186. City hall lots, execution and delivery of deeds to purchasers, Act 3187. Claim of board of education of, against state, payment of. Act 3175. i INDEX 1687 SAN FRANCISCO. (Continued.) Claims against, one-twelfth act, Act 3329. Classification and population of, Act 837, §§ 10, 157. Clerks appointed by supervisors, payment of salaries of, Act 3291. Conlin, John J., act for relief of, Act 3202. Conveyance of lot to San Francisco Ladies' Protection and Relief Society, author- ized, Act 3291. Conveyance of old Cemetery Avenue and plaza reserved up to New Cemetery Ave- nue authorized, Act 3199. Conveyances to South San Francisco Homestead and Railroad Association author- ized, Act 3201. Coroners, assistants to, appointment, compensation and duties, Act 752. Coroners in. Act 3203. Coroner, salary payable out of general fund, Act 3209. Coroner, stenographer to, Act 753. Costs in. Act 3204. County clerk in, act in relation to. Act 3205. County clerk in to keep his office open on election day. Act 3206. County clerk, deputies, assistants and copyists of. Act 828. County clerk, deputies and assistants of and their salaries. Act 3207. District attorney, assistants and clerks in. Act 943. District attorney, authorized to appoint second assistant. Act 3210. District attorney of, office of, Act 3211. Dupont Street, preservation of name of, Act 3212. Dupont Street, widening of. Act 3213. East Street, harbor commissioners authorized to sell, condemn, and acquire «d- jacent lands. Act 1428. East Street harbor commissioners authorized to rectify alignment, Act 1428. East Street, jurisdiction of harbor commissioners extended over, Act 1427. East Street, width of. Act 3214. Elections in, registration of voters. Act 3216. Elm Street, in, closing of, Act 3215. Fares, rates of on street railroads in cities over 100,000, Act 2929. Fees in, Act 3346. Fees in, regulation of, repeal of act. Act 3346. Fees, manner of paying in cities and cities and counties over 100,000, Act 1121. Fees of jurors and witnesses in. Act 3217. Ferry and passenger depot of, bonds for constructing and furnishing, Act 1426. Fifteenth Avenue extension, opening of, Act 3218. Fire commissioners, appointment of messenger by supervisors, Act 3222. Fire company, exempt, authorized to receive and manage certain property. Act 3226. Fire company, exempt, president and secretary authorized to administer oaths, Act 3225. Fire department, acts relating to. Acts 1180, 1181, 1182. Fire department, compensation of secretary. Act 3224. F'ire department, increasing efficiency of in. Act 1182. Fire department in, reorganizing and regulating, Act 3221. Fire department, paid, provision for. Act 3220. Fire department, paid, reorganization and regulation of, Act 3221. Fire department, paid, support of disabled members. Act 3223. Fire department, salaries of officers of. Acts 1180, 1181. Fire marshal, appointment of. Act 3219. Fishermen, harbor commissioners to set off portion of waterfront for, Act 3230. Gen. Laws — 107 1698 INDEX. SAN FRANCISCO. (Continued.) Free dispensary in, establishment and maintenance of, Act 3227. Free public market on waterfront, establishment of. Acts 1430, 3228. Funded debt commissioners authorized to compromise claims and convey property, Act 3195. Funded debt commissioners authorized to transfer certain funds and property to, Act 3194. Funded debt commissioners, sales and conveyances by authorized. Act 3196. Funds, unexpended balances, expending of, Act 3322. Gas, regulation and price of in. Act 1344. Gas, quality, standard and price of. Act 3236. General fund, rent of courtrooms and police stations and salaries of janitors pay- able out of, Act 3209. Golden Gate Homestead Association, swamp land commissioners authorized to sell certain land to. Act 1372. Golden Gate Park, authority of commissioners extended over Point Lobos Avenue, Act 3276. Golden Gate Park, commissioners of authorized to receive gifts. Act 2880. Golden Gate Park, preservation and improvement of. Act 3229. Hamilton Square, order for exchange of lands in confirmed, Act 3272. Harbor commissioners. See Harbor Commissioners. Highways in, repair and improvement of. Act 3288. Home of inebriates in. Act 3231. Hospital, authorized to erect a, and levy a tax therefor, Act 1522. Hospital, cities of first class authorized to erect, Act 2342. Hours of service of members of police department, Acts 2728, 2729. House of correction, act relating to. Act 3233. House of correction, funds to build. Act 3232. House of correction of, government and utilization of labor. Act 3234. Hunting and shooting on private grounds in, prevented. Act 3235. Incorporation and government of merged cities and counties of 100,000 inhabi- tants, Act 2339. Industrial school department of, Act 3238. Industrial school, management of, transferred to supervisors. Act 3237. Inebriates, care of, Act 3239. Insane, care of, Act 3239. Inspector of steam boilers, and steam tanks, appointment of, Act 3240. Interpreter, additional, for criminal courts. Act 3241. Islais Creek, declared navigable. Act 3242. , Islais Creek, jurisdiction of given harbor commissioners. Act 3242. j Italian interpreter, appointment of in cities of 100,000, Act 1680. i Ivy Avenue, closing, Act 3243. j Judgments against cities and counties over 100,000, how paid. Acts 800, 1747. j Judgments quieting titles to lands in, authorized to be recorded, Act 3325. I Jurors, in, fees of, Act 3217. Justice's court in, organization and regulation of. Act 3244. Justice's court in, regulating proceedings in, Act 3245. Justice's court in, summons. Act 3246. Law library for, creation of, Act 3292. Leidesdorff Street, opening and extending, Act 3247. Licenses in, Act 3248. Licenses in, collector of, Act 3250. Licenses in, facilitating and increasing. Act 3249. Manufacture of acids and explosive chemicals, Act 3251. Market-places, closing of, Act 3309. INDEX. 1699 SAN FRANCISCO. (Continued.) Matron for county jail, Act 837, § 214%. Mayor authorized to convey lands to San Francisco Lying-in Hospital and Found- ling Asylum, Act 3198. Mayor of, salary of clerk of, Act 3252. McClure charter for. Act 2339. Mechanic's Institute of, authorized to sell, mortgage and convey realty, Act 2155. Mission Creek, acquiring lands contiguous to. Act 3321. Mission Creek, canal through. Act 3192. Mission Creek declared navigable. Act 3253. Mission Creek, vacation and sale of certain parts of, Act 3321, Montgomery Avenue, grade of. Act 3254. Montgomery Avenue, opening and establishing, Act 3257. Montgomery Avenue, orders relative to street work on ratified. Act 3255. Montgomery Street south, establishing and opening, Act 3256. Morgue, public, in, Act 3258. Mutual real estate company, surviving trustees authorized to make sales, Act 3259. National guard, erection of armory for, in. Act 2431. Noimal school, establishment of in. Act 3557. Normal school, site and building for. Act 3535. North Beach and Mission Railroad Company, certain privileges granted to, Acts 24S9, 2490, 32G0, 3261. North San Francisco Homestead and Railroad Association, commissioners of swamp lands authorized to convey lands to. Act 2495. Notary, additional for, Act 3263. Nuiary, additional, to reside at Presidio, Act 3264. Notary, additional, to reside at Yerba Bueiia Island, Acts 3262, 3205, Officers of, salaries of, Act 837, § 158. Oae-twelfth act. Act 3329. Order No. 800, quieting title to lands in, confirmed. Act 3270. Order No. 883, for e.xcliange between and Edward Tompkins, confirmed, Act 3272. Order No. 1004, requiring fencing and to prevent drifting sand, confirmed, Act 3273. Order No. 1404, confirmed, Act 3274. Order requiring fencing lots and to prevent drifting sand, confirmed. Act 3273. Ordinance No. 840, confirmed, Act 3271. Ordinance, Van Ness, ratification of. Act 3332. Orphan asylums authorized to bind children as apprentices, clerks and servants. Act 214. Park commissioner, creation of office of. Act 3285. Park commissioners, authority extended over Point Lobos Avenue, Act 3276. Park purposes, reservation for. Act 3286. Perry, Sallie C, claim of state to certain tract quitclaimed to, Act 4030. Pharmacy, regulating practice of. Acts 3277, 3278. Point Lobos Avenue, authority of park commissioners extended over. Act 3276. Police court, additional, creation of, Act 3281. Police court, creation of. Act 3282. Police court, prosecuting attorney authorized to appoint clerk. Act 3283. Police department, appointment of members of. Act 2732. Police department, rules and regulations, power and duties of police commission as to. Act 2737. Police department, rules and regulations, violations of and punishment for, Act 2737. 1700 INDEX. SAN FRANCISCO. (Continued.) Police department, salaries of officers of, Act 2732. Police force, increasing and regulating, Acts 3279, 3280. Population of. Act 837, § 10. Prisons, authorized to make alterations In, Act 3284. Public building, condemnation of site for and erection of. Act 2364. Quarantine for, establishment of. Act 3287. Registration of voters. Act 3216. Rent of courtrooms and police stations payable out of general fund, Act 3209. Reservations for park and reservoir purposes. Act 3286. Reservoir purposes, reservation for. Act 3286. Resolution No. 11,900, vacating streets, confirmed. Act 3275. Roads in, repair and improvement of. Act 3288. Sailor boarding house, regulation of. Act 3289. Salaries of clerks appointed by supervisors, payment of. Act 3290. Sales of perishable products on wharves and other state property, permit of har- bor commissioners necessary, Act 3345. Sale of perishable products on wharves and other state property, regulation of, Act 3345. San Francisco Ladies' Protection and Relief Society, conveyance of lot to author- ized, Act 3291. San Francisco Lying-in Hospital and Foundling Asylum, Mayor authorized to make conveyance to. Act 3198. Sanitary laws for. Act 3287. Scholle, William, conveyance of certain water lots to authorized. Act 3344. Schools, common, of, support of, Acts 3293, 3294. Seawall in, state bonds of, submission of proposal to electors. Act 376. Seventh street, grade between Bryant and Brannan streets established, Act 3296. Seventh street, opening. Act 3295. Sewer in to drain lagoon known as Washerwoman's Bay, construction of, au- thorized. Act 3298. Sewers in, repairs of, authorized and facilitated in case of urgent necessity, Act 3305. Sharp, George F., ordinance authorizing conveyance to ratified, Act 3269. Sheriff of, act concerning, Acts 3299, 3300. Sheriff of, mileage of. Act 837, § 158. Shipping offices, regulation of. Act 3289. Sinking fund commissioners, conveyances by legalized. Acts 3197, 3200. South San Francisco Homestead and Railroad Association, conveyances to author* ized, Act 3201. Stenographer to coroner. Act 753. Sixth Street, opening and establishing. Act 3297. State building in, act providing for. Act 2819. State building in, act to facilitate erection of. Act 2820. State building in, provision for. Act 2819. Street assessments against property of United States, payment of. Act 3308. Street improvements, in. Act 3307. Streets in. Army Street opening. Act 3179. Streets, Bay Street, grading of and changing of grade. Act 3182. Streets, Cemetery Avenue, supervisors authorized to convey tract comprising, Act 3190. Streets, Channel Street, acquiring lands contiguous to. Act 3321, Streets, Channel Street, canal through, Acts 3191, 3192. Streets, Channel Street, opening of, Act 3297. Streets, Channel Street, vacation and sale of certain parts of, Act 3321. I INDEX. 1701 SAN FRANCISCO. (Continued.) Streets, closing of certain, Acts 3308, 3309. Streets, Dupont Street, preservation of name of, Act 3212. Streets, Dupont Street, widening of, Act 3213. Streets, East Street, width of, Act 3214. Streets, Elm Street, closing of, Act 3215. Streets, Fifteenth Avenue extension, opening. Act 3218. Streets, grades of certain street crossings changed, Act 3302. Streets, grades of certain streets legalized. Act 3303. Streets, grades of certain streets modified. Act 3301. Streets, grading of and work on streets. Acts 3317, 3319. Streets, Ivy Avenue closed. Act 3243. Streets, Leidesdorff Street, opening and extending, Act 3247. Streets, Mission Creek, canal through. Act 8192. Streets, Montgomery Avenue, grade of. Act 3254. Streets, Montgomery Avenue, opening and establishing. Act 3257. " Streets, Montgomery Avenue, orders relative to street work ratified. Act 3255. Streets, Montgomery Street south, establishing and opening Act 3256. Streets, ordinances relating to street work, ratified, Acts 3266, 3267. Streets, Point Lobos Avenue, authority of park commissioners extended over, Act 3276. Streets, repairs, authorized and facilitated in case of urgent necessity, Act 3305. Streets, repairs in, Act 3304. Streets, resolution No. 11,900, vacating, confirmed, Act 3275. Streets, Seventh Street, grade established between Bryant and Brannan Streets, Act 3296. Streets, Seventh Street, opening of, Act 3295. Streets, Sixth Street, opening and establishing. Act 3297. Streets, superintendent of, further powers granted to. Act 333 0. Streets, supervisors authorized to cut, fill and grade certain streets. Act 3319. Streets, supervisors granted additional powers in relation to accepted streets, Act 3320. Streets, supervisors granted certain powers as to, Act 3313. Streets, Tehama Street, opening and extending of, Act 3324. Streets, Townsend Street, orders relating to grading of ratified. Act 3268. Streets, Valencia Street, supervisors authorized to open, Act 3330. Streets, Vallejo Street, establishing grade of. Act 3331. Streets, Van Ness Avenue, improvement of. Act 3333. Superintendent of streets, further powers granted to. Act 3310. Superior judges of may appoint secretary. Act 845. Supervisors, additional powers conferred on. Acts 3314—3321. Supervisors, appropriation from general fund for urgent necessity and other pur- poses authorized. Act 3318. Supervisors authorized to cut, fill and grade certain streets, Act 3319. Supervisors, expending unexpended balances. Act 3322. Supervisors granted additional powers in relation to accepted streets. Act 3320. Supervisors granted certain powers as to streets. Act 3313. Supervisors granted powers to complete all main Intercepting sewers, Act 3311. Supervisors, powers of as to contracts. Act 3312. Taxes, assessment and collection of on personalty. Act 3323. Taxes upon personalty, act relating to repealed, Act 4051. Tehama Street, opening and extending of. Act 3324. Titles in, judgments quieting, recording of. Act 3325. Titles in, order 800 quieting, confirmed. Act 3270. Titles in, settlement of, expedited, Act 3326. 1702 INDEX. SAN FEANCISCO. (Continued.) Tompkins, Edward, order for exchange of lands between and city, confirmed, Act 3272. Townsend Street, orders relating to grading of ratified, Act 32 68. Training ship in, establishment and maintenance of. Acts 3327, 3328, 4125. Treasurer, additional powers conferred on, Acts 3314, 3321, 3322. Treasurer, further powers conferred upon, Act 3193. Treasurers, deputies and clerks in cities of over 200,000, Act 4135. Treasury, expending unexpended balances, Act 3322. Treasury, one-twelfth act. Act 3329. Valencia Street, supervisors authorized to open, Act 3330. Vallejo Street, establishing grade of. Act 3331. Van Ness Avenue, improvement of, Act 3333. Van Ness ordinance, ratification of, Act 3382. Veterans' home, directors authorized to exchange or lease lands in, Act 4285. Voters, registration of. Act 3216. Waterfront, line of, Act 1432. Waterfront, line of, extension of, Aet 3338. Waterfront, line of, sale of property of state within, Acts 3336, 3337. Waterfront lots, conveyances of certain to William Scholle authorized, Act 3344. Waterfront, of, compromise of litigation concerning, Act 3343. Waterfront of, description of. Acts 3334, 3335. Waterfront of, jurisdiction of harbor commissioners. Act 3335. Waterfront of, title to property on confirmed. Act 3339. Water rates in, establishing. Act 3340. Waterworks, cities of first class authorized to obtain. Act 2360. Waterworks for, providing and maintaining. Acts 3341, 3342. Wharves, sale of perishables on, permit of harbor commissioners necessary. Act 3345. Wharves, sales of perishables on, regulation of. Act 3345. Witnesses in, fees of. Act 3217. SAN FRANCISCO BAY. Quarantine stations in. Act 2348, § 182. SAN FRANCISCO LADIES' PROTECTION AND RELIEF SOCIETY. Conveyances of lot to, by San Francisco authorized, Act 3291. SAN FRANCISCO LAW LIBRARY. Creation of. Act 3292. SAN FRANCISCO LYING-IN HOSPITAL AND FOUNDLING ASYLUM. Mayor authorized to convey certain lands to. Act 3198. SAN FRANCISCO ORPHAN ASYLUM. Managers authorized to bind children as apprentices, clerks or servants, Act 214. SANITARY DISTRICTS. Acquisition of property by. Act 3349. Act relating to formation, government, operation and dissolution of, Act 3349. Bonds, issuance of, Act 3349. Bonds, payment of, Act 3349. Bonds, sale of and disposal of proceeds, Act 3349. Bonds, validity of, determination of, Act 3349. Dissolution of, Act 3349. Election in. Act 3349. INDEX, 1708 SANITARY DISTRICTS. (Continued.). Formation of, Act 3349. Go^eriinient of, Act 3349. Officers of, Act 3349, §§ 6 et seq. Operation of. Act 3349. Powers of. Act 3349, § 5. Sewers, construction of, Act 3349. Taxes, assessment, levy, collection, custody and disbursement of, Act 3349. SANITARY LAWS. See Public Health. Sanitary conditions of factories and workshops, Acts 1098, 2139, 2841. SANITATION. See Public Health. SAN JOAQUIN COUNTY. Additional .iudge provided for. Act 3366. Auditor, recorder, ex officio is. Act 3365. Bounties for destruction of gophers and squirrels, Act 3363. Canal from Mormon Slough to Calaveras River, right of way granted to. Act 2893a. Classification and population of, Act 837, §§10, 157. Fences, division, in. Act 1138. Gophers in, bounty for destruction of, Act 3363. Gophers in, destruction of. Act 186. Grants to United States of right of way for canal from Mormon Channel to Cala- veras River, Act 3353. Highways in, Act 3358. Levee, authorizing construction of by certain parties. Act 3354. Mormon Slough, inhabitants authorized to form reclamation district. Act 2943. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 165. Officers of, salaries and compensation of. Acts 3360, 3361. Phonographic reporter, duties of. Act 3362. Phonographic reporter in, appointment of, Act 3356. Population of, Act 837, § 10. Protection of certain lands from overflow. Act 3355. Public wharves in. Act 3371. Reclamation districts in. Act 2969. Recorder ex officio auditor, Act 3365. Records of, validating of. Act 3357. Road districts, authorized to levy special tax. Act 3359. Roads in, Act 3358. Squirrels in, destruction of. Acts 186, 187, 3363. Supervisors of. Act 3364. Swamp land district No. 17, additional powers conferred on. Act 2950. Swamp land district No. 221, legalizing, Act 2962. Tax collector, treasurer ex officio is. Act 3365. Treasurer ex officio tax collector. Act 3365. Trespassing of animals in, Act 1071. Union Island reclamation districts, creation, organization and government, Act 2970. SAN JOAQUIN RIVER. Declared navigable. Act 3370. Ferry, establishment of in Stanislaus County, on San Joaquin River, Act 3761. 1704 INDEX. SAN JOAQUIN EIVEB. (Continued.) Highway, establishment of, on, Act 3761. Navigability of, Act 4358. Navigation of, improvement of, Act 3811. Public wharves on, act concerning, Act 3371. Rectifying channel and improving navigability by department of engineering, Acts 3814, 3815, 3816, 3817. Spark-catchers, use of on steamers. Act 3888. SAN JOAQUIN VALLEY EAILROAD. Certificate of incorporation validated. Act 563. Lease of China Basin in San Francisco to, ratified, Act 1872. SAN JOSE. Board of health in. Act 3378. Bonds to provide for sewerage, Act 3379. Charter of. Acts 3375, 3377, note. Construction of telegraph line from, to San Francisco, Act 4092. Fire department of. Act 3380. Law library in, Act 3381. Market Street, opening of through Market Square, ratified. Act 8382. Normal schools in, Acts 3554, 3558. Normal school, repairs to, Act 3534. Normal school, trustees authorized to reconvey tract to city for library. Act 3558. Public park, certain lands declared to be, Act 3383. Reincorporation of. Acts 3376, 3377. Santa Clara Avenue, act concerning. Act 3383. School trustees authorized and empowered to erect a high school building. Act 3384. Sewerage of, bonds for issuance. Act 3379. Streets in, opening, -widening and extending, Act 3385. SAN JOSE DE GUADELOUPE. Navigability of. Act 4358. SAN JUAN. Incorporation of. Act 3390. SAN LEANDEO. Incorporation of. Acts 3395, 3396. SAN LEANDEO CREEK. Navigability of, Act 4360. SAN LUIS OBISPO CITY. Bonds of, issuance and sale of, Acts 3420, 3422. Bonds of, substitution in lieu of bonds of town. Act 3421. Incorporation of, Act 3418. Police judge of. Act 3423. Reincorporation of. Act 3419. Roads in. Act 3424. Streets in, Act 3424. Title to lands in, settlement of. Act 3425. SAN LUIS OBISPO COUNTY. Animals of another, wounding in, punishment of. Act 1593. INDEX. 1705 SAN LUIS OBISPO COUNTY. (Continued.) Animals, trespassing in, Acts 1071, 3401. Boundary line between San Luis Obispo and Kern counties, locating, Act 818. Bounties for destruction of wild animals in, Act 189. Classification and population of, Act 837, §§ 10, 157. District attorney, fees and compensation, Act 3404. Fees of district attorney, Act 3404. Fees of officers in. Act 3402. Fees of recorder of. Act 3402. Fences, division, in, Act 1138. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Growing timber on private grounds, destruction of prevented, Act 1577. Hides of slaughtered cattle, keeping of, Act 182. Hunting on inclosed lands in, prevention of. Acts 1593, 1577. Inclosures, passing through and leaving them open, Act 1593. Notaries, additional, for, Act 2501. Officers, deputies and assistants and salaries, fees and allowances of. Act 837, § 182. Officers in, fees of, Act 3402. Officers of, salaries and compensation of, Acts 3402, 3409, 3410, Population of, Act 837, § 10. Recorder of, fees of. Act 3403. Records in, transcribing of, Acts 3405, 3406. Roads in, Act 3407. Road purposes, funds for, Act 3408. Squirrel nuisance, abatement of. Act 3411. Squirrels, destruction of. Act 187. Superior judge, additional, for. Act 3412. Superior judges, reducing number of, Act 3413. Supervisors, reorganizing, Act 3414. Trespassing of animals in, Acts 1071, 3401. SAN MATEO COUNTY. Animals, pounds in. Act 3433. Animals, trespassing in. Act 3439, Classification and population of, Act 837, §§10, 157. Fences, boundary, in, Act 3430. Fences, division, in. Act 1138. Growing timber on private grounds, destruction of prevented, Act 1577. Hides of slaughtered cattle, keeping of, Act 182. Highways in, construction and improvement of. Act 3431. Hunting on private inclosed grounds in, prevention of, Act 1577. Officers, deputies and assistants and salaries, fees and allowances of, Act 337, § 189. Officers in, duties and salaries of. Act 3432. Population of, Act 837, § 10. Pounds in, establishing, Act 3433. Records of San Francisco and San Mateo counties, supervisors authorized to transcribe, Act 3437. Road overseer, compensaiion of, Acts 3434, 3435. Supervisors authorized to empower treasurer to appoint deputy. Act 3438. Squirrels, destruction of, Act 187. Squirrels in, extermination of, Act 3436. Stallions prevented from running at large in. Act 1063. 1706 INDEX. SAN MATEO COUNTY. (Continued.) Swamp land fund, transfer of to general fund, Act 3439. Tide lands declared public grounds and granted to public, Acts 3440, 4027. Treasurer, deputy of, supervisors may empower appointment of. Act 3438. SAN PEDRO. Pilots, appointment of at, and duties and compensation of, Act 2672. SAN QXTENTIN. See State Prisons. SAN RAPAEL. Incorporation of, Act 3445. SAN RAFAEL CREEK. Navigability of, Act 2069. SANTA ANA RIVER. Supervisors authorized to build bridge across, Act 2013. SANTA BARBARA CITY. Charter of. Act 3449. Common council, additional powers of. Act 3451. Conveyances to Santa Barbara Cemetery Association confirmed, Act 3455. Grants by ayuntamiento legalized, Act 3453. Grants of town lands legalized, Act 3454. Incorporation of, Act 3450. Ordinances 47 and 48, relating to certain blocks and plazas ratified. Act 3456. State normal school, establishment of in. Act 3586. Streets in, laying out, opening and improving. Act 3457. Trustees of, proceedings of legalized, Act 3452. SANTA BARBARA COUNTY. Animals, trespassing, in. Acts 1071, 3462. County clerk of. Act 3464. Classification and population of. Act 837, §§ 10, 157. Deed, acknowledged and recorded by C. C. Cook validated. Act 3463. Fences in, Acts 1134, 1135. Fences, division, in. Act 1138. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of. Act 1577. Notaries, additional, for. Act 2501. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 174. Officers of, salaries of. Act 3465. Population of. Act 837, § 10. Proceedings of, legalized, Act 3469. Roads in. Act 3466. Road districts, special, in. Act 3467. Road fund in. Act 3467. Squirrels in, extermination of. Act 3468. Trespassing of animals in. Acts 1071, 3462. Water commissioners for. Act 4365. Waters, overseer to regulate. Act 4365. INDEX, 1707 SANTA CLABA CITY. Corporate authorities authorized to take and hold in trust for inhabitants lands granted by Congress, Act 3474. Reincorporation of, Act 3473. Trustees of home for feeble minded children authorized to quitclaim certain realty to trustees of, Act 1114. SANTA CLAEA COUNTY. Alameda road, construction and protection of, Act 3479, Arroyo del Medo declared navigable. Act 240. Artesian wells, regulation of and prevention of waste. Act 3480. Assessor made collector of poll taxes, Act 3481. Auditor, seal of office. Act 3482. Auditor, supervisors authorized to pay certain moneys to, Act 3483. Classification and population of. Act 837, §§ 10, 157. Coroner of, Act 3484. County clerk, fees of. Act 3485. Countj' clerk, supervisors authorized to pay certain moneys to, Act 3483, Fees of county clerk. Act 3485. Fees of officers of, Acts 3488, 3489. Fees of recorder of, Act 3490. Firemen, exemption of from poll taxes, Act 3486. Hides of slaughtered cattle, keeping of, Act 182. Highways in, Act 3495. Matron for county jail. Act 837, §214^. Notaries, additional, for. Act 2501. Officers, deputies and assistants of and salaries of. Act 837, § 161. Officers of, and salaries, fees and allowances of. Act 837, § 161. Officers of, fees and salaries of, Acts 3488, 3489. Poll taxes, assessor made collector of. Act 3481. Poll taxes, exemption of firemen from, Act 3486. Population of, Act 837, § 10. Recorder of, fees of. Act 3490. Records, complete, keeping of. Act 3494. Records of legalized. Act 3491. Records of, transcribing. Act 3493. Records, Spanish, translation of into English, Act 3492. Roads in. Act 3495. Roads, public, protection of, Act 3496. Santa Clara Avenue, opening and improving of, Acts 3497, S498. Saratoga Avenue, opening of, Act 3497. Squirrels, destruction of, Act 187. Stallions prevented from running at large in. Act 1063. Streams, unnavigable, supervisors given powers over, Act 3499. Superior judges, increasing number of. Act 3487. Supervisors authorized to pay certain moneys to county clerk and auditor. Act 3843. SANTA CRUZ CITY. Incorporation of. Act 3505. Reincorporation, Act 3504. Water-pipes in, Davis & Cowell authorized to lay, Act 3506. SANTA CRUZ COUNTY. Animals of another, wounding in, punishment of, Act 1593. 1708 INDEX. SANTA CRUZ COUNTY, (Continued.) Animals, wild, destruction of, in, Act 188. Assessor, providing sufficient number of deputies for, Act 3511, Brauciforte, settlement of land titles in. Act 408. Classification and population, Act 837, §§ 10, 157. District attorney of. Act 3512. Fees of officers of, Act 3513. Fees of sheriff, Act 3517. Fees of surveyor. Act 3520. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Gophers, destruction of, Act 188. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Jurors in justice's court. Act 3514. Officers, deputies and assistants and salaries, fees and allowances of. Act § 170. Officers of, fees and salaries. Act 3513. Population of. Act 837, § 10. Roads, public and private in, Act 3515. Road purposes, condemnation of lands for. Act 3516. Santa Cruz railroad company, change of line of, Act 3519. Sheriff, fees of, Act 3517. Squirrels, destruction of. Acts 187, 188. Stallions prevented from running at large in, Act 1063. Supervisors, duties and salaries of. Act 3518. Surveyor, fees and compensation of. Act 3520. Witnesses in courts of record, Act 3514. SANTA MONICA. Seagulls, protect/ion of, Acts 1315, 3525. SANTA RITA. New Republic, name of changed to Santa Rita, Act 2479. SANTA ROSA. Altering and defining limits of. Act 3532. Board of education, powers and duties of, Act 3533. Charter of. Act 3529. Municipal election contests. Act 3530n. Reincorporation, Acts 3530, 3531. SATISFACTION. See Accord and Satisfaction, SAUCELITO CREEK. Navigability of. Act 2069. SAVINGS BANKS. See Banks and Banking. SAWMILLS. Lunch hour for laborers in mills and logging camps. Act 2189. SCHOOL OF INDUSTRY. See Preston School of Industry. SCHOOL LANDS. See Public Lands. SCHOOL OF BEFOEM. See Whittier State School, I I INDEX. 1709 SCHOOLS. See California Polytechnic School; Colleges; Hastings College of the Law; University of California. Annuity and retirement fund for teachers, Act 3570. Annuity and retirement fund, withdrawal of contributor, Act 3571. Assumption of control by trustees. Act 4164. Attendance, compulsory. Act 3574. Attendance, compulsory, parental schools, Act 3574, §§6 et seq. Attendance officers, Act 3574, § § 4 et seq. Bird and arbor day, establishment of. Act 348. Board of education, organization of, Act 2348, § 247. Board of education, salaries and expenses of members of in various counties. See particular county. Bonds, issuance of, by school districts partly within cities of fifth class, Acts 3567, 3582. Bonds, issued by, registration of, Act 3536. Bonds, issued by school districts, validation of, Acts 3583, 3584. Building fund, disposal of surplus funds, Act 3572. California Polytechnic School. See California Polytechnic School. Certificates and diplomas, continuing in force. Act 3577. Certificate, temporary, in year 1880, Act 3578. City, conveyance by for educational purposes, ratification of, Act 2382, Common schools, bonds of, registration of. Act 3536. Compulsory attendance, provision for, Act 3574. Compulsory education of children, Acts 3573, 3574. Compulsory school law, Acts 3573, 3574. Compulsory vaccination of children. Act 2840. Contra Oosta County, distribution of school moneys in. Acts 725, 3542. Courthouse school district, Sonoma County, re-establishment. Act 3547. Deaf, dumb and blind child, compulsory attendance and duty of parents. Act 3574, § 10. Diplomas and certificates, continuing in force, Act 3577. Distribution of school moneys in Fresno, Contra Costa, Shasta and Lassen coun- ties, Act 3542. Districts, bonds by districts partly within cities of fifth class. Act 3567. Districts, change of names of. Act 3568. Districts, confirming organization of, Act 3537. Districts, courthouse district, Sonoma County re-established, Act 3547. Districts, funds, preservation of after change in constitution. Act 3579. Districts, Kings River Switch school district, Fresno County, portion of attached to Kingsbury school district. Act 3548. Districts, levy and collection of taxes by school districts except in first class cities. Act 3565. Districts, Millville district, Shasta County, census of. Act 3544. Districts, portion of Sutter Island set off from Onisbo school district to Slough school district. Act 3545. Districts, Putah school district and Yolo school district, union of, Act 3538. Districts, Rattlesnake and Wild Goose districts in El Dorado County consoli- dated. Act 3543. Districts, Scotts Valley district, Siskiyou County, trustees authorized to borrow money, Act 3546. Districts, Woods Island in Sacramento County annexed to Rio Vista school dis- trict in Solano County, Act 3540. Educational rights of children, aiding enforcement of. Act 3574a. El Dorado County, Wild Goose and Rattlesnake districts consolidated. Act 3543. Bnforcement oi educational rights of children, Acts 3573, 3374. 1710 INDEX. SCHOOLS. (Continued.) Enforcement of educational rights of children, aiding of, Act 1611a. Enforcement of educational rights of children, duty of labor commissioner, Ast 1611a. Fresno County, distribution of school moneys in. Act 3542. Fresno County, Kings River Switch school district, portion of attached to Kings- bury school district, Act 3548. Funds, apportionment of in Siskiyou, Modoc and Sonoma Counties, Act 3539. Funds, building, disposal of surplus funds, Act 3572. Funds of school districts, preservation of after change in constitution, Act 3579, Gifts and donation to, encouragement and protection of. Acts 4162, 4163. Grass Valley school district, board of education. Act 3541. Health and development supervision in. Act 3585. High, apportionment of fund in event of calamity. Act 3553a, § 5, High, boards, meeting place of within cities, Act 3552. High, bonds of, registration of. Act 3536. High, county, establishment of. Act 3551, High, county, support of. Act 3551. High, establishment of, Act 3549. High, fund, creation of. Act 3553. High, fund for, and distribution of. Acts, 3553, and note. High, funds, distribution and apportionment. Act 3553a. High, funds, duty of controller. Act 3553a, § 10. High, funds, duty of treasurer. Act 3553a, § 11. High, in cities, legalizing establishment of. Act 3550. High, in cities, maintenance and support of. Act 3550. High, joint union districts, reports of principals. Act 3553a, §6. High, joint union districts, report of superintendent. Act 35j3a, § 7. High, joint union districts, requisitions against funds, Act 3553a, § 8, High, joint union districts, validation of bonds of, Acts 3583, 3584. High, report of principal. Act 3553a, § 6. High, report of superintendent, Act 3553a, § 7. High, requisition against funds. Act 3553a, § 8. High school districts, name of, change of, manner of. Act 35S0. High school districts, name of, change of, provided for. Act 3580. High, union districts, validation of bonds of, Act 3584. High, validation of bonds of. Act 3584. Holidays, bird and arbor day, establishment of. Act 348. Incorporation of institutions of learning, science and art. Act 633. Interest on state bonds held in trust for university and school funds, payment of, Act 374. Kings River Switch school district, portion of attached to Kingsbury school dis- trict, Fresno County, Act 3548. Lassen County, distribution of school moneys in, Act 3542. Military academy. See Military Academy. Millville school district, Shasta County, census of, Act 3544. Modoc County, apportionment of school moneys in. Act 3539. Name of school district, changing. Act 3568. Normal, Los Angeles County, establishment of branch at, Act 3554. Normal, Los Angeles, dedication of certain lands of for street, Act 1989, Normal, Los Angeles, trustees authorized to lease buildings and grounds pending completion of building. Act 3554a. Normal, Los Angeles, trustees authorized to sell site and buildings and purchase new site and equip new b'aildings. Act 3554a. Kormsl, northern California, establishment of branch in, Act 3555. INDEX. 1711 SCHOOLS. (Continued.) Normal, San Diego County, establishment of in, Act S556. Normal, San Francisco, erection, equipment and furnishing of building and im- provement of grounds, Act 3535. Normal, San Francisco, establishment of in, Act 3557. Normal, San Francisco, purchase of a site, Act 3535. Normal, San Francisco, transfer of moneys from salary fund to printing fund, Act 1288. Normal, San Jose, repairs to, appropriation for. Act 3534. Normal, San Jose, trustees authorized to reconvey tract to city for library. Act 3558. Normal, Santa Barbara, establishment of in, Act 3586. Offices, educational, women eligible to, Acts 2542, 3576. Onisbo school district, portion of Sutter Island set oflE from to Slough school district. Act 3545. Organization of school districts, confirmed. Act 3537. Parental schools. Act 3574, §§ 6 et seq. Parental schools, joint, establishing. Act 3574, § 8. Pensions, teacher's annuity and retirement fiuid. Acts 3570, 3571. Preston school of industry. See Preston School of Industry. Pupils, attendance officers, Act 3574, §§ 4 et seq. Pupils, compulsory attendance, Act 3574. Pupils, health and development, supervision of, provision for, Act 3585. Pupils, truants, Act 3574. Pupils, truants, parental school. Act 3574, §§6 et seq. Putah school district and Yolo school district, union of. Act 3538. Rattlesnake school district and Wild Goose school district, El Dorado County, consolidated. Act 3543. Relinquishment of rights in by founder or wife. Act 4164. Sacramento County, portion of Sutter Island in Onisbo district, set off to Slough school district, Act 3545. School districts, protection of after change in constitution. Act 3579. Scott's Valley school district, Siskiyou County, trustees authorized to borrow money. Act 3546. Shasta County, distribution of school moneys in. Act 3542. Siskiyou County, apportionment of school moneys in. Act 3539. Siskiyou County, Scott's Valley school district, trustees authorized to borrow money. Act 3546. Siskiyou, Modoc and Sonoma counties, apportioning of school moneys in, Act 3539. Sonoma County, apportionment of school moneys in. Act 3539. Sonoma County, Courthouse school district reestablished, Act 3547. State text-books, additional, compilation of. Act 3594. State text-books, care and security of, provision for. Act 3561. State text-books, civil government, compiling, printing and distributing book on, Act 3562. State text-books, compiling, printing, binding, distributing, etc., Acts 3561, 3563. State text-books, continued publication of, Act 3564. State text-books, erection of warehouse for storage and preservation. Act 3560. State text-books, preventing change in, Act 3559. State text-books, revision of, Act 3564. State text-books, storekeeper for care and custody of. Act 3560. Superintendent, bond of. Act 837, § 66. Superintendent, clerk for, appointment and salary. Act 3569. Superintendent, deputies and assistants in various counties. See particular county. 1712 INDEX. SCHOOLS. (Continued.) Superintendent, duties of, Act 837, § 150. Superintendent is a county officer, Act 837, 5 55. Superintendent is trustee of California polytechnic school, Act 504, § 2. Superintendent, salaries and expenses in various counties. See Counties. Superintendent, women eligible to office of, Act 837, § 54. Sutter Island, Sacramento County, setting oflf portion of for school purposes. Act 3545. Taxes, levy and collection by school districts except in first class cities, Act 3565. Teachers' annuity and retirement fund. Act 3570. Teachers' annuity and retirement fund, withdrawal of contributor, Act 8571. Teachers, certificates and diplomas, continuing in force. Act 3577. Teachers, certificates, temporary in certain year, Act 3578. Teachers, female, discrimination against, prevention of, Act 3575. Trades and training school. See California State Trades and Training School. Truants, Act 3574. Truants, parental schools. Act 3574, §§ 6 et seq. Trustees, women eligible to office of. Act 837, § 54. Trusts for benefit of, creation of. Acts 4162, 4163. Trusts for benefit of, determination of validity authorized, Act 4165. Union high school districts, bonds of, registration of. Act 3536. Union high school districts, name of, change of, authorized. Act 3580. Union high school districts, name of, change of, manner of, Act 3580. Vaccination of children, Act 2840. Women eligible to educational offices. Acts 837, § 54; 2542, 3576. Woods Island, Sacramento County, annexed to Rio Vista school district, Solano County, Act 3540. Yolo school district and Putah school district, union of, Act 3538. Cities of first class organized under municipal corporation bill. Bids and contracts, how made and awarded. Act 2348, § 253. Board of education, election of and term of. Act 2348, § 247. Board of education, meetings. Act 2348, § 247. Board of education, member not to disburse school moneys, Act 2348, § 272. Board of education, members not to receive gifts or gratuity, Act 2348, § 272. Board of education, number of, Act 2348, § 247. Board of education, powers enumerated, Act 2348, § 249. Board of education, qualifications of members, Act 2348, § 247. Board of education, quorum. Act 2348, § 247. Board of education, records, public. Act 2348, § 247. Board of education, rules. Act 2348, § 247. Board of education, vacancies, filling and term of appointee. Act 2348, § 261. Claims and demands. Act 2348, §§ 265-269. Contracts, limitation on power of, Act 2348, § 269. Contracts, officers not to be interested in. Act 2348, § 254. Demands, allowance and approval of. Act 2348, § 94. Demands, remedy on rejection of, Act 2348, §§ 99, 100. Estimate of expenses. Act 2348, § 270. ■ Evening schools, Act 2348, § 256. Expenses, limit upon, Act 2348, § 270. Funds, Act 2348, § 90, subd. 4, §§ 263, 264, 267. Oaths, what officers may administer, Act 2348, § 250. Records, Act 2348, § 256. Regulations, Act 2348, § 256. Reports, annual, Act 2348, § 255. INDEX. 3713 SCHOOLS. (Continued.) Reports, quarterly of directors, Act 2348, § 251. Rules, Act 2348, § 256. Sectarian schools not to receive school money, Act 2348, 5 271. Superintendent, clerk of, appointment and salary, Act 234S, § 258. Superintendent of schools in, Act 2348, § 26, subd. 14. Superintendent, provisions relating to. Act 2348, §§ 248, 257-260, 262. Superintendent, salary of. Act 2348, § 26, subd. 14. Superintendent, vacancy, filling and term of appointee, Act 2348, § 263. Supplies, how furnished. Act 2348, § 252. Taxes, audited bills receivable for, Act 2348, § 268. Tax, levy and limit upon, Act 2348, § 270. Cities of second class organized under municipal corporation bill. Board of education, directors, election and term of office, Act 2348, § 410. Board of education, government of schools vested in. Act 2348, § 410. Board of education, meetings. Act 2348, § 411. Board of education, number of members. Act 2348, § 410. Board of education, organization. Act 2348, § 411. Board of education, powers of enumerated. Act 2348, §412. Board of education, quorum, Act 2348, § 411. Board of education, rules. Act 2348, § 411. Board of education, secretary of. Act 2348,5 417. Board of education, vacancies, filling of, Act 2348, § 411. Boards of examination, powers of, Act 2348, § 416. Claims, procedure on. Act 2348, § 423. Contracts in which officers interested, effect of, Act 2348, § 415. Contracts, letting of. Act 2348, § 414. Contracts, officers not to be interested in. Act 2348, § 415. Debts not to be in excess of income, Act 2348, § 424. Demands, payment of. Act 2348, § 424. Demands, president of board may administer oaths. Act 2348, § 413. Examinations for certificates, Act 2348, § 416. Funds, certifying amount of by county auditor, Act 2348, § 425. Funds, how expended. Act 2348, § 421. Funds, moneys received from state used for primary and grammar school, Act 2348, § 426. Funds, of what consists. Act 2348, § 421. Funds, payment by county treasurer to city treasurer. Act 2343, § 426. Superintendent, assistant, appointment and salary of, Act 2348, § 307. Superintendent, duties of. Act 2348, §§ 419, 425. Superintendent is secretary and bookkeeper of board of education, Act 2348, § 417. Superintendent, report of, Act 2348, § 418. Superintendent, right to suspend teacher. Act 2348, § 417. Superintendent, vacancy, filling of and term of appointee. Act 2348, § 420. Teachers to have certificates, Act 2348, § 416. Cities of third class organized under municipal corporation bill. Board of education, actions by and against. Act 2348, § 574. Board of education, election of directors. Act 2348, § 508. Board of education, governed by. Act 2348, § 570. Board of education, meetings. Act 2348, § 572. Board of education, members act without compensation. Act 2348, § 506. Board of education, powers of, enumerated, Act 2348, §§ 573, 574. Gen. Laws — 108 1714 INDEX. SCHOOLS. (Continued.) Board of education, president, powers of, Act 2348, §§ 576, 577. Board of education, quorum, Act 2348, § 572. Board of education, records, Act 2348, § 572. Board of education, residence of directors, Act 2348, § 508. Board of education, term of office. Act 2348, § 502. Board of education, vacancy, filling and term of appointee. Act 2348, § 571. Board of education, witnesses before. Act 2348, § 577. Claims and warrants. Act 2348, § 578. County treasurer to pay moneys to city treasurers. Act 2348, § 575. ^ Funds, apportionment to schools. Act 2348, §§ 425, 420. Funds to be expended for school purposes only. Act 2348, § 534. Revenue from state applied to primary and grammar schools, Act 2348, § 578. Separate school district, constitute. Act 2348, § 570. Superintendent, eligibility to office. Act 2848, § 508. Superintendent, salary of. Act 2348, § 506. Teachers, eligibility of, Act 2348, § 508. Trustees, eligibility of. Act 2348, § 508. Cities of fourth class incorporated under municipal corporation bill. Advertisements for and contracts and bids for supplies. Act 2348, § 712. Board of education, consists of whom. Act 2348, § 710. Board of education, election of. Act 2348, § 710. Board of education, members act without compensation. Act 2348, § 608. Board of education, powers of enumerated. Act 2348, §§ 713, 715. Board of education, to visit schools, Act 2348, § 716. Claims and demands. Act 2348, §§ 718, 719. Examinations of applicants for teachers' certificates. Act 2348, § 715. Funds, Act 2348, § 717. Rules and regulations governing. Act 2348, § 716. Superintendent, election and term of office. Act 2348, § 602. Superintendent, powers, duties and salary of. Act 2348, § 711. Teachers and certificates. Act 2348, §§ 714,715, 716. Trustees act without compensation. Act 2348, § 608. Trustees, election and term of office. Act 2348, § 602. Wards, power of supervisors to change, Act 2348, § 611. Cities of fifth class incorporated under municipal corporation bill. Board of education, actions by and against. Act 2348, § 799. Board of education, compensation, act without. Act 2348, § 797. Board of education, election and term of office. Act 2348, § 752. Board of education, governed by, Act 2348, § 795. Board of education, meetings. Act 2348, § 797. Board of education, powers of enumerated. Act 2348, § 798. Board of education, president, election and powers of, Act 2348, §§ 801, 802. Board of education, quorum. Act 2348, § 797. Board of education, records of, Act 2348, § 797. Board of education, vacancy, filling of and term of appointee. Act 2348, § 796. Board of education, witnesses before. Act 2348, § 802. Bonds, authorized to issue for lots and buildings, Act 3566. Bonds by districts partly within. Act 3567. Bonds, issuance of by districts in for school purposes. Act 3567. Bonds, issuance of by districts partly within cities of fifth class, regulation of, Acts 3567, 3582. Bonds, issuance of by, regulation of. Act 3582. 1 I INDEX, 1715 SCHOOLS. (Continued.) Claims, demands and warrants, Act 2348, §§ 801, 803. Form separate district, Act 2348, § 795. Funds from state or county applied to primary and grammar schools. Act 2348, § 805. Inclusion of outside territory, Act 2348, § 795. Secretary, appointment, duties and compensation of, Act 2348, §§ 797, 804. Treasurer of city, moneys to be paid to, Act 2348, § 800. SCOTT'S VALLEY SCHOOL DISTRICT. In Siskiyou County, trustees, authorized to borrow money, Act 3546. SEAGULLS. At Santa Monica, protection of, Acts 1315, 3525. Killing of within five miles of, prohibited, Acts 1315, 3525, SEALS. Supervisors, of. Act 837, § 25, subd. 24. Validation of writs, process and certificates issued before courts have seals, Act 2791. SEAMEN. See Shipping. SEBASTOPOL. Incorporated under municipal corporation bill, Act 3587. SECRETARIES. United States secretary, assault upon, punishment of. Act 693. United States secretary, conspiracy to commit any crime against, punishment of. Act 698. SECRETARY OF STATE. Janitor's clerk, appointment and salary of, Act 3587. Keeper of archives, salary of. Acts 1779,3588. Keeper of archives, to appoint. Act 1779. License tax upon corporations, duty in relation to. Act 757. Revocation of license of foreign corporation violating anti-trust law, Act 41G6, § 3. SEDUCTION. Punishment of. Act 3590. SENATE. Senatorial districts. Acts 1905, 1909. State, election of senators. Acts 1906, 1908, 1909. United States, expressing choice for senator at primary elections, Act 1013. SENATORS. United States. See United States Senators. SENTENCE. See Preston School of Industry; Whittier State School. Commitment to house of correction. Act 1540. Parole commissioners, creation of board for parole and government of prisoners. Act 3866. See Parole Commissioners. State prisons. See State Prisons. SEPARATE PROPERTY. Married women, of, protection of, Act 2111. SERA, JUNIPERO. Landing place of, at Monterey, gift of to state, Act 2298. SERVANTS. See Master and Servant. SERVICE. Constable, service by outside of township, effect of, Act 837, § 153. Elisor, service of process by. Act 837, § 105. How made where sheriff a party. Act 837, § 104. Mileage for service of papers or process issued outside of county. Act 837, S 215. Papers other than process, how served. Act 837, § 103. Unexecuted at expiration of term of service, how served, Act 837, § 103. SETTLERS. On public lands. See Public Lands. SEWERS. Appointment of person to supervise construction and compensation of, Act 3930, § 35. Cities authorized to construct and maintain for joint benefit and at joint expense, Act 2389. Cities authorized to incur debt to construct sewers, Act 2361 Cities authorized to permit other cities to construct and maintain sewers in, Act 2389. Cities of third class, sewers in, provisions relating to. Act 2348, §§ 531, 532. Cities of fifth class, sewers in, provision relating to. Act 2348, ,§ 772, 777. Cities of sixth class, construction, improvement and repair of, Act 2348, §§ 869, 870. Cleaning of, Act 3930, § 25. Construction of. Acts 3926, 3930. Construction of by sanitary districts. Act 3349. Construction of in cities. Act 3930. Construction of, proceedings. Act 3930, §§24, 27-33. Construction of under local improvement act of 1901, Act 3929. Districts adjacent to cities, establishment and maintenance of, Acts 2343, 3596. Extension and completion of main intercepting sewers, power given supervisors. Act 3595. Incurring indebtedness for by cities. Acts 2361, 2900. Joint, construction and maintenance of by cities. Act 2389. Pollution of waters by. Act 2830, § 3. Rivers or streams, sewers, vaults, privies, etc., on, declared a nuisance. Act 4368. Sanitary districts for construction of. Act 3349. Sewer districts in municipalities, bond issues for. Act 3597. Sewer districts in municipalities, establishment of authorized. Act 3597. Sewer districts in municipalities, special sewer tax, Act 3597. Supervisors authorized to complete. Act 3960. Supervisors in cities and counties over 100,000 authorized to complete main inter- cepting sewers, Act 3311. SEXTONS. Deaths, duties relating to. Act 897. SHARP, GEORGE F. Ordinance authorizing conveyance to ratified. Act 3269. SHASTA COUNTY. Additional superior judge provided for. Act 3599. INDEX. 1717 SHASTA COUNTY. (Continued.) Animals of another, woiinding in, punishment of, Act 1593. Boundary line between Shasta and Lassen counties clinised and located, Act 821. Boundary line between Shasta and Plumas counties, Act 814. Classification and population of. Act 837, §§ 10, 157. County clerk, salary of. Act 3600. District attorney, fees of in. Act 945. Fences in, Acts 1134,1135,1137. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Funds, supervisors authorized to transfer swamp land fund to general fund, Act 3601. Highways in, Act 3604. Highway laws in, special, repealed. Act 3605. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing through and leaving open. Act 1593. Millville school district, census of, Act 3544. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 179. Population of, Act 837, § 10. Records in, transcribing of authorized. Act 3602. Road laws, special, repealed, Act 3605. Roads in. Act 3604. School moneys in, distribution of. Act 3542. Schools, employment of teachers in. Act 3606. Sheriff of, compensation for services as under sheriff, Act 3607. Stallions prevented from running at large in. Act 1063. State highway connecting road system of, with road system of Humboldt County, Act 1457c. Taggart, Grant I., authorized to certify and sign certain records, Act a603. Tehama County, transcribing records of from Colusa, Shasta and Butte counties, Act 4075. Tramroad companies, incorporation of in. Act 4130. SHASTA. TOWN OF. Hogs prevented from running at large in. Act 3612. SHEEP. Act of 1907 relating to. Act 3622. Appointment of inspectors by state veterinarian to inspect dipping of sheep in- fected with scabies, Act 180a. Board of sheep commissioners. Act 3622. Commissioner appointed on petition, Act 3621. Commissioner, duties and powers, Act 3621. Commissioner, fees and compensation of. Act 3621. Disease amongst, prevention and eradication of. Act 3621. Dog killing or worrying, liability of owner. Act 965, §§ 4,5. Dog, killing or worrying, right to kill. Act 965, § 5. Funds for inspection, how raised. Act 3622. Herding of , restriction of. Act 3618. Herding of in particular counties. See particular title. Infectious and contagious diseases, prevention of. Act 3621. Inspection of, provision for. Act 3622. Inspectors, appointment of. Act 3622. Inspector, appointment and compensation. Act 3620. Inspector, creation of office of, Act 3620. 1718 INDEX. SHEEP. (Continued.) Inspector, deputies, appointment and compensation, Act 3620. Inspector, deputies, powers and duties, Act 3620. Inspector, powers and duties. Act 3620. Inspectors, powers, duties and compensation of, Act 3622. Lambs, protection of from dogs and other animals, Act 3619. Licenses upon raising, grazing, herding and pasturing, powers of supervisors as to, restricted, Act 3623. Particular counties, in. See particular title. Penalties for violation of statute. Act 3622. Powers of supervisors to impose license on sheep business limited. Act 1940. Protection of from ravages of dogs and other animals, Acts 181, 837, § 25, subd. 27; 3619. Scabies, duty of state veterinarian as to, Act 3624. Scabies, eradication of. Act 3624. Scabies, expenses of extermination a lien against sheep, Act 3624. Scabies, lien for expenses of extermination, enforcement of, Act 3624. Scabies, misdemeanors, certain acts made, Act 3624. Scab, suppression and prevention of, Act 3620. Scab, violation of act for prevention of, punishment. Act 3620. Sheep commissioners, supervisors authorized to appoint, Act 3616. SHELL-FISH. Reserve for shell-fish and invertebrate animals, creation of in Monterey Bay, Act 1340d. SHERIFFS. Badge of office, supervisors to furnish to sheriff and deputies, Act 3628. Bond of. Act 837, § 66. Bonds of. See Bonds. Cities of first class, deputies, assistants and attorneys and salaries of. Act 2348, § 26, subd. 2. Cities of first class, provisions of municipal corporation bill regarding apply only to consolidated cities and counties. Act 2348, § 287. Compensation for carrying insane persons or prisoners. Act 3627. Consolidation, separation and reconsolidation of sheriff and tax collector, Act 837, § 55. Coroner, when discharges duties of. Act 837, § 147. County officer, is. Act 837, § 55. Deputies, additional, in counties where judges increased. Act 837, § 215. Deputies and assistants in various counties. See particular county. Deputies not to practice law or have law partner. Act 837, § 65. Duties, generally enumerated. Act 837, § 89. Duties, required by law, must perform, Act 837, § 106. Duty in regard to attendance upon the courts, Act 837, § 102. Elisor, service of process by, Act 837, § 105. Escape, liability of sheriff suffering. Act 837, §§ 95, 97. Execution, neglect or refusal of sheriff to levy or sell property, liability. Act 837, § 93. Execution, sale under unexecuted at expiration of term, how completed. Act 873, § 103. Expenses for property seized on attachment or execution and how paid, Act 837, § 215. Expenses for pursuing criminals or transacting business out of county, Act 837, § 215. INDEX. 1719 SHERIFFS. (Continued.) Insane person, compensation and allowances of sheriff for conveying, Act 837, 9 215. Instructions to sheriff do not excuse unless written, Act 837, § 98. Justice's court, in. See Justice's Court. Justification of under process or orders. Act 837, § 100. Law, not to practice or have law partner, Act 837, § 65. Mileage for service of papers or process issued outside of county. Act 837, § 215. Neglect or refusal to pay over money, liability. Act 837, § 94. Notices returnable to another county, how returned. Act 837, § 90. Office hours, Act 837, § 61. Outgoing, Act 837, § 103. Particular counties, sheriff in. See particular title; see also Counties. Party, service of process where sheriff is. Act 837, § 104. Prisoners, allowance to sheriff for boarding. Act 837, § 215. Prisoners, sheriff, compensation and allowances for carrying to state prisons, Act 837, § 215. Photographs and description of discharged convicts, giving to sheriffs. Acts 738, 739, 2767. Posse comitatus, supervisors authorized to pay expenses of. Act 3959. Prisoners, allowance for boarding. Act 837, § 215. Process and orders, how served when sheriff a partner. Act 837, § 104. Process returnable to another county, how returned, Act 837, § 90. Process to be shown to interested parties on request. Act 837, § 101. Rescue of prisoner, liability of sheriff for. Act 837, §§ 96, 97, Return, failure to make, liability. Act 837, § 92. Return, prima facie evidence of facts recited, Act 837, § 91. Salary of in various counties. See Counties Service of papers other than process, how made. Act 837, § 103. Supervisors, Act 837, §§ 27, 29. Vacancy created for not paying over money when. Act 837, § 99, Wardens to furnish descriptions of convicts to. Act 738. Wardens to furnish information concerning convicts to. Act 739. SHERMAN ISLAND. Roads on, protection of, Act 3633. SHIPPING. See Navigation; Yacht Clubs. Buoys and beacons, protection of. Acts 432, 2445, 4354. Duties of masters of vessels in relation to passengers arriving. Act 1587. Masters of vessels, duties in relation to passengers arriving, Act 1587, Mooring to buoys or beacons prevented. Act 4354, Seamen, preventing enticing to desert. Act 3638. Spark-catchers, use of on steamers, Act 3888. Throwing overboard of ballast prevented, Act 4354, Wrecks. See Wrecks. SHODDY. Labeling and stamping furniture that is stuffed with, Act 2062, SHORTHAND REPORTERS. Coroner, stenographer to iji cities and cities and counties over 100,000, Act 753. SICK PERSONS. See Paupers, 1720 INDEX. SIERKA COUNT?, Animals of another, wounding in, punishment of, Act 1593. Assessor, ex officio treasurer, Act 3647. Classification and population of. Act 837, §§ 10, 157. Fees of officers of. Act 3643. Fences, in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Fish, protection of in. Acts 1331, 1332. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open. Act 1593. Officers of and salaries, fees and allowances of, Act 837, § 211. Officers of, fees and salaries of. Act 3643. Population of. Act 837, § 10. Road districts. Act 3644. Road in Sierra and Plumas counties, Sierra Iron Company granted right to con- struct. Act 3653. Road overseers, Act 3644. Road poll tax. Act 3645. Stallions prevented from running at large in. Act 1063. State highway from Mount Pleasant ranch to Downieville, Act 1457b. Taxes for county purposes, supervisors to levy. Act 3646. Treasurer, assessor ex officio is, Act 3647. Treasurer, of, Act 3648. SIERRA IRON COMPANY. Granted right to construct road in Sierra and Flumaa counties. Act 3653. SIGNALS. Mining. See Mines and Mining. SIGNATURES. Ex officio officers, signatures of. Act 2550. SELK CULTURE. State board of, establishment of, Acts 3658, 3659. SISKIYOU COUNTY. Animals of another, wounding in, punishment of, Act 1593. Assessors to pay deputies in, Acts 255, 4062. Bonds issued to by Modoc County, semi-annual payment of principal and Inter- est, Act 2262. Boundary line between Humboldt County and counties of Del Norte aud Siskiyou, Acts 822, 909. Classification and population of. Act 837, §§ 10, 157. Fees, in. Acts 3664, 3665. Fences in. Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593, Fireman, exemption of from poll tax, Act 4063. Fires, leaving of, punishment of. Act 1593. Fish, preservation of in. Act 1333. ■ Hunting on inclosed land in, prevention of. Act 1593. J Inclosures, passing through and leaving open. Act 1593, ^ Klamath County annexed to. Act 1808. Marks and brands in, Act 3666. Name of Rough and Ready changed to Etna, Act 3033, INDEX. l'/21 SISKIYOU COUNTY. (Continued.) Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 181. Officers, fees and salaries of, Acts 8664, 8665. Population of, Act 837, § 10. School moneys in, apportioning, Act 8539. Scott's Valley school district, trustees authorized to borrow money. Act 3546. Southern boundary of, survey of. Act 816. Stallions prevented from running at large in. Act 1063. Thistle, propagation in prevented, Act 4104. United States authorized to lower levels of certain lakes in and use lakes or beds for reclamation and irrigation. Act 1858. United States, title to lands uncovered by lowering levels ol certain lakes in granted to. Act 1858. Water commissioners, board of for. Act 3667. SLANDEE. Bond for costs in. Act 1931. SLAVERY. Coolie slavery, prevention of. Act 591. SMELTERS. Hours of labor in. Act 2230. SMITH, MYRON. Title of certain swamp lands to, and J. P. Counts confirmed. Act 4025. SMITH RIVER. Navigability, Act 3672. SNELLING. Merced County, supervisors authorized to sell courthouse block and buildings In, Act 2192. SOCIETIES. See Associations; Unincorporated Societies. Society for prevention of cruelty to children, incorporation of, Act 1618. SOLANO COUNTY. Agricultural interests, developing. Act 3677. Auditor, duties and compensation of, Act 3684. Auditor, recorder ex officio is, Act 3682. Branch county jail, establishing and maintaining. Act S680. Brazos del Rio, name of changed to Rio Vista, Act 413. Canal, construction of in Colusa, Solano and Yolo counties. Acts 531, 646, 3677, 4449. Classification and population of. Act 837, §§ 10, 157. County clerk, duties and compensation of. Act 3684. County seat, location of. Act 3678. District attorney, duties and compensation. Act 3684. Fences, division, in. Act 1138. Highways in, Act 3679. Notaries, additional for. Act 3681. Officers, deputies and assistants and salaries, fees and allowances of. Act 837 § 169. Officers of, salaries of, regulation of, Act 3683. 1722 INDEX. SOLANO COUNTY. (Continued.) Population of, Act 837, § 10. Recorder, ex officio auditor. Act 3682. Records of, legalizing, Act 3686. Records of, transcribing of authorized. Act 3687. Road tax, supervisors to levy. Act 3685. Sheriff, duties and compensation of. Act 3684. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Supervisors authorized to approve petitions to form reclamation districts, Act 2971. Suscol rancho, title to lands in, quieted, Act 3688. Trespassing of animals in, Act 1071. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. Woods Island, Sacramento County, annexed to Rio Vista school district, Act 3540. Yolo and Solano canal district, formation of to protect lands from overflow by Putah Creek, Act 2905. SOLDIERS AND SAILORS. See Army and Navy; National Guard; Veterans' Home; Woman's Relief Corp. Burial of ex-union soldiers, sailors and marines dying without means. Act 3693. California volunteers, revision and publication of records of, Act 520. Claims against state of soldiers serving in Indian -vrars, auditing and examinlvig, Act 1607. Exempt from payment of license fees, when, Act 837, § 25, subd. 25. Grand Army of the Republic, unlawfully wearing badge of, prevention of. Act 1392. Homes for widows, orphans and army nurses, Act 3694. License, permitted to sell goods without, Act 3692. Liquors, sale of in vicinity of soldiers' home, prevention of, Acts 1692, 1693, 3690. Pension matters, no fees to be charged. Acts 829, 837, § 227; 1122. Preference in public service to ex-union soldiers, sailors and marines, Acts 2893, 3695. Revision of records and publication of, Act 520. SOLE TRADERS. Married women authorized to do business as. Act 2108. SONOMA CITY. Boundaries of. Act 3704. Commissioners to carry into effect act validating acts of former commissionerSj Act 3703. Conveyances of certain pueblo lands confirmed, Act 3701. Incorporation of, Act 3704. Mission at, gift of to state. Act 2298. Sale of certain pueblo lands authorized, Act 3702. SONOMA COUNTY. Animals, pound districts in, Act 3713. Apportioning school moneys in. Act 3539. Classification and population of. Act 837, §§ 10, 157. Courthouse school district, re-establishment. Act 3547. Fees of officers, Acts 3709, 3711. Fees of recorder, Act 3709. INDEX, 1728 SONOMA COUNTY. (Continued.) Fees of sheriff, Act 3709. Fees of surveyor of, Act 3722. Fence districts in, Act 3713. Fences, division, in. Act 3712. Fences, division in lines of counties bordering on, Act 3712. Fort Ross property, gift to state, Act 2298. Growing timber ou private grounds, destruction of prevented, Act 1577, Highways in. Acts 3719, 3720. Hunting on private inclosed grounds in, prevention of. Act 1577. Notaries, additional, for. Acts 2501, 3715. Notary to reside at Cloverdale, appointment of. Act 3714. Oflicers, deputies and assistants, and salaries, fees and allowances. Act 837, § 163. Officers of, fees and salaries of, Acts 3709, 3710, 3711. Population of. Act 837, § 10. Poultry experiment station, establishment of in Sonoma County, Act 2748. Pound districts in, Act 3713. Recorder of, fees of, Act 3709. Records, foreign, in, translation of, Act 3718. Records, foreign, translations of, evidence, Act 3718. Records in, transcribing of, Act 3716, 3717. Right of way through lands of home for feeble-minded children granted to super- visors of. Act 1112. Roads in, Acts 3719, 3720. Sheep, restricting the herding of. Acts 3617, 3721. Sheriff of, fees of. Act 3709. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Stallions prevented from running at large in. Act 1063. Supervisors granted authority to change location of highway through home for feebleminded children. Act 1112. Surveyor of, fees of. Act 3722. Treasurer's office, counting of cash in. Act 3723. SONOMA CREEK. Fish, prevention of destruction of in. Act 1329. SONOMA RIVER. Navigability of. Acts 3728, 4358. SONORA. Fire department of, establishment of. Act 3734. Reincorporation, Act 3733. SONORA AND MONO WAGON ROAD. Part of, declared a state highway. Act 1453. SORGHUM HALEPENSE. Propagation of, prevention of. Act 74. SOUTHERN CALIFORNIA INSANE ASYLUM. See Insane. SOUTHERN CALIFORNIA RAILWAY CO. Granted right of way over asylum grounds in San Bernardino County, Act 2923. SOUTHEEN PACIFIC BAILEOAD COMPANY, Congressional act authorizing change in line of road, giving effect to, Act 3739. SOUTH SAN TRANCISCO HOMESTEAD AND EAILEOAD ASSOCIATION. Conveyance of certain overflowed lands in to, Act 3201. SPANISH-AMEEICAN WAR. Rights of members of national guard serving in, Act 2429. SPANISH GEANTS. Preservation of papers, relating to Spanish land claims, Act 3744. SPAEK-CATCHEES. Use of on steamers on Sacramento and San Joaquin rivers, Act 3883. SPECIAL COUNSEL. Supervisors in counties of second class may employ, Act 837, $ 159, subd. 7. SPECIAL ELECTIONS. Acts concerning, Act 1019. SPECIAL PAETNEESHIP. Formation of. Act 2624. SPUR TEACKS. Construction of in cities, authorized. Act 2334. Permit revocable. Act 2334. SQUIEEELS. Destruction of. Acts 186, 187, 188. Destruction of in particular counties. See particular title. STABLE-KEEPEES. Lien on livestock kept, fed or pastured. Act 1947. STALLIONS. liiens of owners of where used for propagation. Act 1948. Limits of keeping of unless inclosed from view. Act 3749. Particular counties, in. See particular title. Prevention of running at large in various counties. Act 1063. STAMPS. See Labels; Marks and Brands; Trading Stamps. STANPOED UNIVEESITY. Exemption of certain property from taxation. Act 3754. Seal, Act 3755. Trustees granted corporate powers and privileges, Act 3755. Trustees, organization, by-laws, etc.. Act 3755. STANISLAUS COUNTY. Agriculture, protection of, Act'3760. Animals, trespassing, distraining of. Act 3760. Animals, trespassing of on private property, prevention of. Act 1069. Classification and population of. Act 837, §§ 10, 157. Coroner in. Act 3763. County clerk and recorder, separation of oiKcers of. Act 3764. Ferry and highway, establishment of in, on San Joaquin River, Act 3761. INDEX. 1125 STANISLAUS COUNTY. (Continued.) Funds, swamp land funds, transfer of to general fund, Act 3769. Gophers in, destruction of. Act 186. Highway and ferry, establishing on San Joaquin River, Act 3761. Notaries, additional, in, Act 3762. Officers, deputies and assistants and salaries, fees and allowances of, Act 837, § 195.. Population of. Act 837, § 10. Public administrator in. Act 3763. Recorder and county clerk, separation of ofSces of, Act 3764. Road poll taxes, collection of, Act 3768. Salaries of certain officers of. Act 3764. Squirrels in, destruction of, Acts 186, 187, 3765. Stallions prevented from running at large in. Act 1063. Superintendent of schools in. Act 3763. Superintendent of schools in, compensation of. Act 3766. Superintendent of school, office for. Act 3767. Treasurer of, salary of. Act 3770. Witnesses' fees in. Act 3771. STANISLAUS RIVER. Fish commissioners authorized to establish fish repository on, Act 1299s. Public ford across and public road to and from same. Act 3776. STATE. Actions against, authorized, Act 3791. Actions against for boimties on coyote scalps authorized, Act 3792. Actions against, procedure in, Act 3791. Actions against, to quiet title against claims under inheritance tax law. Act 4036. Actions against to quiet title to certain land sold to one A. H. Estell, authorized, Act 3793. Actions against state to quiet title to certain lands in Alameda County, authorized. Act 3796. Actions against state to quiet title to land sold by state where deed or patent lost, authorized. Act 3794. Assent of, to act of Congress applying proceeds of public land for college, Ac's 634, 3786. Assent of, to purchase by United States of lands within state for public pur- poses. Act 4212. Assent to reservation by Congress for public park. Act 3785. Attorney general authorized to bid in property on judgment in favor of state, Act 265. Ball, Robert C, authorized to sue state. Act 3788. Bonds, board of commissioners to issue to pay funded indebtedness, creation of. Act 381. Bonds held in trust for university and school funds, payment of interest on, Act 374. Bonds of oflficers, premium to be paid by state. Acts 379, 2544. Bonds, redemption and payment of funded indebtedness. Acts 375, 380, 381. Boundaries, correction, defining and establishment of eastern boundary. Acts 397, 398, 3780. Bowman, James, interest of state in water lot quitclaimed to successors of, Act 4028. Cities granted rights of way over state lands for construction of waterworki, Act 2388. 1726 INDEX. STATE. (Continued.) Cities granted right to take materials and water from state lands for construction of waterworks, Act 2388. Claim of A. J. Bourn against state, appropriation to pay. Act 3787. Claims against Coulterville and Yosemite Turnpike Company authorized to sue state, Act 3789. Claims against, Melone, Love, and Green authorized to sue state. Act 3790. Claims against of soldiers serving in Indian wars, auditing and examining, Act 1607. Claims against, Robert C. Ball authorized to sue state. Act 3788. Claims against, suits against state authorized, Act 3791, Claims against, suits against procedure in. Act 3791. Claims of against United States, employment of counsel to prosecute, Act 1388. Claims of counties against, allowance, settlement and payment of, Act 799. Commissions for collection of taxes, county not to bring suit for. Act 4049. Commissions for collection of taxes, payment for, prohibited, Act 4050. Consent of state to reservation of certain tract by Congress for public park, Act 3785. Costs in actions where state a party. Act 3781. Costs of trials of persons violating fish laws paid by, Act 1335. Coulterville and Yosemite Turnpike Company authorized to sue state, Act 3789. Debt of. See Public Debt. Debts in excess of appropriations, prohibited, Act 2326. Donations to, receipt and appropriation of, Act 1355, 2338, 3782. Federal government, consent of state to reservation by Congress of certain tract for public park. Act 3785. Federal government, consent of to purchase for public purposes. Act 4212. Federal government, conveyance of and cession to, of lands for lighthouses, Act 1956. Federal government, jurisdiction over certain lands ceded by state to, Acts 3781, 3834. Federal government, lands ceded to, jurisdiction of state over. Act 1956. Federal government, release of certain lands to United States, Act 3783. Federal government, relinquishment to, of lands required for military or naval purposes. Acts 3829, 4214. Federal government, title to certain lands adjacent to lands held by for military purposes ceded to, Act 3831. Forests, joint investigation with federal government for preserving, Act 4352. Forest reservations, consent of state to. Act 2883. Funds of, deposited in banks. Acts 4133, 4134. Green, James J., authorized to sue state, Act 3790. Hours of labor. See Hours of Labor. Humboldt Bay, attorney general and governor authorized to purchase certain lands in for state. Act 1553. Inventory of state and county property. Act 1697. Joint investigation, with federal government of water resources, Act 4352. Judgment in favor of state to better enable collection of, Act 265. Lands within, persons in coast survey authorized to enter upon, Act 617. Lauritzen Company authorized to sue. Act 3795. Leases by cities or counties of tide or submerged lands belonging to state con- firmed. Act 2385. Loan from school land fund to, Act 1286. Love, .Tohn Lord, authorized to sue state, Act 3790. Melone, Drury, authorized to sue state. Act 3790. Noninsurance of property belonging to. Act 1669. INDEX. 1727 STATE. (Continued.) Officers, power to absent themselves from, Act 837, § 64. Old furniture and material of, board of examiners authorized to sell, Act 360. Perry, Sallie C, claim of state to certain tract quitclaimed to, Act 4030. Public buildings. See Public Buildings. Public works. See Public Works. Right of way from Atlantic to Pacific granted to United States, Act 4213. Sale of interest in property within waterfront line of San Francisco, Acts 3336, 3337. Sale of interest of in certain lands to the occupants and claimants authorized. Acts 2869, 3832. San Francisco, state building in, Acts 2819, 2820. Secretary of. See Secretary of State. Title to certain swamp lauds to J. P. Counts and Myron Smith confirmed, Act 4025. War debt of, redemption of. Act 2823. STATE AGRICULTUEAL SOCIETY. See Agriculture. STATE ANALYST. Analyzing mineral waters, drugs and foods. Act 3799. Appointment and duties of. Act 3799. STATE BOARD OF EXAMINERS. See Board of Examiners. STATE BOARD OF HEALTH. See Public Health. Attorney for, and for board of health of San Francisco, Act 2831. Authority in relation to extermination of rodents. Act 2506a. Authorized to purchase and manufacture diphtheria anti-toxin. Act 2837. State bureau of vital statistics, death. See Deaths. State hygienic laboratory, for use of director and assistants. Act 4260. State hygienic laboratory for use of, establishment. Act 4260. STATE BUILDINGS. In San Francisco, facilitation of the erection of. Act 2820. In San Francisco, provision for. Act 2819. In San Francisco, selection, location and purchase of site, Act 2819. STATE BUREAU OF CRIMINAL IDENTIFICATION. See Bureau of Criminal Identification. STATE CAPITOL. Bonds, issuance of, for. Act 3805. Drinking fountains in, construction and maintenance of, Act 538. Employees at, Act 3806. Janitor, duties and salary of. Act 537. Location of at Sacramento, Act 3804. Remodeling, repairing, etc., Act 3807. Sale of intoxicating liquors prohibited in. Acts 536, 1691. STATE CONTROLLER. See Controller. OTATE DENTAL SURGEON. See Dentistry. STATE ENGINEER. See State Engineering. Bridges across navigable streams, duties and powers in relation to. See Bridgea. Creation of office of. Act 3811. 1728 INDEX. STATE BNGINEEEING. Department of engineering, attorney general is adviser to, Act 3812, 5 18. Department of engineering, consulting board on irrigation, drainage, etc., Act 3812, §§11/2,7. Department of engineering, creation of, Act 3812. Department of engineering, office of. Act 3812, § 5. Department of engineering, officers and employees of, appointment of, and terms of otfice. Act 3812. Department of engineering, officers and employees of, powers and duties of, Act 3812. Department of engineering, officers and employees, salaries of, Act 3812. Department of engineering, powers and duties of. Act 3812. Department of engineering, topograpliic surveys and investigations of water re- sources. Act 3813. Rectifying channels and improving navigation of Sacramento, San Joaquin, Feather rivers, and other rivers. Acts 3814, 3815, 3816, 3817. State engineer. See State Engineer. Survey of Humboldt Bay and data for report as to necessity of dredging. Ant 1554. STATE FLOWEE. Golden poppy (Eschscholtzia) selected as, Act 3819. STATE GEOLOGICAL SURVEY. See Geological Survey. STATE HARBOR COMMISSIONERS. See Harbor Commissionera. STATE HIGHWAYS. See Highways. STATE LABORATORY. Foods, liquors, and drugs, state laboratory for, Act 29. STATE LANDS. See Public Lands. STATE LIBRARY. Attorney general, state librarian to furnish with law books, Act 266. Mineral cabinet, establishment of, in. Acts 2205, 3844. Removal of mineral cabinet from state library to Crocker art gallery. Act 2206. STATE MINING BUREAU. Establishment and maintenance of. Acts 2211-2213. STATE PRINTER. Act relating to, Act 3849. Governor's mansion fitted up for state printing office, Act 1383. Index to statutes, authorized to prepare and print. Act 515. Records of California Volunteers, printing of. Act 520. State printing office, establishing, Act 3850. Statutes of California, superintendent authorized to prepare and print. Act 1598. STATE PRISONS. See Prisons. Acknowledgments of deeds and instruments by prisoner. Act 2764. Arrest, trial, recommitment and punishment of convicts who have escaped. Act 1041. Branch, location of. Act 2761. Coroner's inquest in state prison, costs of. Acts 783, 2070, 3859. INDEX. 1729 STATE PEISONS. (Continued.) Costs of trial of convicts for crimes committed in, Acts 736, 783, 3859. Costs of trial of escaped convicts. Acts 736, 783, 3859. Directors authorized to assist discharged prisoners in securing employment, Act 2779. Directors directed to investigate and report as to cost of reformatory, Act 2780. Employment of prisoners on roads, Acts 2773, 2774, 3862. Folsom, additional cells at, appropriation for. Act 2777. Folsom, appropriation for improvements at, Act 2777. Folsom, branch prison at, erection and maintenance of. Act 3857. Folsom, erection of branch prison at. Act 2760. Folsom, erection of building for insane prisoners. Act 2769. Folsom, rock-crushing plant, regulation of and sale of proceeds, Act 2772. Folsom, sewerage system at, Act 2771. Government of state prison convicts. Act 2761. Grain bags, manufacture and sale of. Acts 2766, 3865. Hemp, directors to purchase California grown hemp. Act 2766. Highway material, preparation of, Acts 2765, 3860. Inmates not to make articles for officers, Act 2551. Inquests in, payment of expenses of. Act 750. Insane prisoners, costs of inquiry into sanity of convict a state charge. Act 2070. Insane prisoners, erection of building for. Acts 2769, 2770. Intoxicating liquors, sale of within two miles of, prevention of, Act 3864. Jute and jute goods, directors authorized to insure. Act 1766. Jute bags, price, terms and conditions of sale. Act 1765. Jute goods, fund for purchase of, to be manufactured at. Act 1763. Jute goods, price and conditions of sale of. Acts 1764, 1768. Jute, permanent fund for purchase of, appropriation for, Act 1767. Parole commissioners, creation of board for parole and government of prisoners, Act 3866. Parole commissioners. See Parole Commissioners. Prisoners, employment of in construction of roads. Acts 2773, 2774, Prisoners. See Prisoners. Regulation and government of. Acts 2762, 2763, 3855, 3856. Rock-crushing plants at, regulation, government and disposition of proceeds, Acts 2765, 2772, 3860, 3861. San Queutin, additional cells at, appropriation for, Act 2778. San Quentin, appropriation for improvements at. Act 2777. San Quentin, workshops and prison buildings at, appropriation for. Act 3858. Separation of children from adults. Act 1769. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners. Act 738. Sheriff, compensation of, for carrying prisoners to, Act 3627. Wardens to furnish information concerning prisoners to sheriffs and bureaus of identification. Act 739. STATE ROSTER. Compilation, printing, binding, publishing and distribution of. Act 349. STATE TREASURER. See Treasurer, State. STATE TREASURY. See Funds; Treasurer, State. STATE UNIVERSITY. See University of California. Gen. Laws — 109 1730 INDEX. STATE VETERINARIAN. Authority to employ inspectors for certain years to inspect dipping of sheep in- fected with scabies, Act 180a. Creation of office of, Act 180. Inspectors employed by during certain years, compensation and expenses of, Act 180a. Scabies in sheep, duty of state veterinarian as to, Act 3624. STATEMENT. On motion for new trial, destruction of, proceedings on, Act 435. STATISTICS. Bureau of labor statistics, establishment and support of, Act 1828, STATUTE OF LIMITATIONS. Banks and trust companies, no limitations against. Act 3877. Certificates of deposit, action for after death, limitation on, Act 3876. Counties, actions on claims against. Act 837, § 43. STATUTES. All laws prior to 1850, abolition of. Act 3882. Index to statutes, compiling, printing and distribution of. Acts 515, 1598. Revision and reform of laws, commission for. See Code Commission. Statutes, superintendent of state printing to prepare and px'int index of. Acts 515, 1598. Time of taking effect of, Act 3883. STEAMBOATS. Spark-catchers, use of on steamers. Act 3888. ST. HELENA. Incorporation of. Act 3894. STOCK. Certificates of stock, tax on issue of. Acts 769, 4038. STOCKTON. Assessor, additional powers of. Act 3900. Canal along North Street to San Joaquin River, construction and maintenance, Act 3904. Charter of. Act 3899, note. Inundation, city council empowered to protect city from. Act 3901. Mining corporation of, protection of, Act 2239. Mormon Slough, excavating, widening and opening. Act 3902. Ordinance No. 64, authorizing receipt and disposal of certain land, ratified, Act 3903. Reincorporation of. Act 3899. STOCKTON INSANE ASYLUM. See Insane. STOCKTON SLOUGH. Navigability, Acts 3909, 4358. STORAGE. See Warehouses. STORM-WATER DISTRICTS. Annexation of property, proceedings for, Act 2806, § 28. INDEX. 1781 STOEM-WATER DISTRICTS. (Continued.) Assessments by commissioners, Act 2806, §§ 11,12. Assessments, delinquent, collection, Act 2806, § 18, Assessments, delinquent, penalty, Act 2806, § 18. Assessments, duty of tax-collector, Act 2806, §§ 16, 17. Assessments, lien of. Act 2806, § 16. Assessments, payment of, installments. Act 2806, § 16. Assessments, publication of assessment-roll, Act 2806, § 17. Awards not accepted, proceedings in case of, Act 2806, § 21'. Collections, where deposited when district in several counties. Act 2806, § 17. Commissioners, assessments by, Act 2806, §§ 11, 12. Commissioners, bond and oath, Act 2806, § 10. Commissioners, compensation, amount of and how paid. Act 2806, § 10. Commissioners, number, appointment and qualifications. Act 2806, § 10. Commissioners, proceedings where claims conflicting, Act 2806, § 13. Commissioners, report, hearing of, Act 2806, § 14. Commissioners, report, objections to, Act 2806, § 15. Commissioners, report to trustees, Act 2806, § 12. Commissioners, viewing land, powers, duties and proceedings on. Act 2806, § 11. Conflicting claims to property, proceedings in case of, Act 2806, § 13. Construction of act, Act 2806, § 30. Contracts, how entered into. Act 2806, § 8. Control of. Act 2806, § 5. Disincorporation, proceedings for. Act 2806, § 27. Effect of act providing for on prior acts. Act 2806, § 29. Exclusion of property, proceedings for. Act 2806, § 28. Formation of, objection to. Act 2806, §§ 3, 4. Formation of, procedure for. Act 2806, §§ 1, 2. Formation of, resolution of intention. Act 2806, §§1, 2. Improvement fund, collections from assessment to be paid into. Act 2806, § 19. Improvement fund, moneys in to be paid only for improvements. Act 2806, § 19. Improvement fund, payments from, how made, Act 2806, § 19. Improvement fund, transfer of moneys in county treasury to. Act 2806, § 18. Improvements, additional, construction of. Act 2806, § 26. Improvements, how determined upon and carried out. Act 2806, §§ 9, 10. Improvements, power and authority of supervisors. Act 2806, § 28. Improvements, what to include. Act 2806, § 24. Improvements, when to begin. Act 2806, § 22. Payments for property taken. Act 2806, § 20. Petition for, signing and presenting. Act 2806, § 1, Petition, hearing and notice. Act 2806, §§ 2, 3, 4. Powers of. Act 2806, § 8. Report, hearing of. Act 2806, § 14. Report, objections to. Act 2806, § 15. Rights of way, defective, proceedings in case of. Act 2806, § 22. Tax for repairs and improvements, collections, disposition of, Act 2806, § 25. Tax for repairs and improvements, estimate of, Act 2806, § 25. Tax for repairs and improvements, levy and collection of. Act 2806, § 25. Tax for repairs and improvements, proceedings where district in several counties. Act 2806, § 25. Transfer of moneys in county treasury to improvement fund. Act 2806, § 18. Trustees, act without compensation. Act 2806, § 7. Trustees, books, records, etc., kept at office and open to inspection, Act 2806, { 7. Trustees, election of. Act 2806, § 6. Trustees, meetings of, Act 2806, § 7. 1732 INDEX. STORM-WATER DISTRICTS. (Continued.) Trustees, office of, Act 2806, § 7. Trustees, organization of, Act 2806, § 6. Trustees, powers of, Act 2806, § 8. Trustees, president and clerk. Act 2806, § 7. Trustees, qualifications, bond and term of office, Act 2806, §§ 5,8. STRAWBERRY VALLEY. Location of village of defined, Act 3914. STREAMS. See Waters. STREET RAILWAYS. See Railroads. Brakes and fenders, equipment of cars with. Act 2932. Brakes and fenders, street-cars and dummies to be equipped, Act 2932, Electricity, authorized to use. Act 2924. Franchises for, time for granting, limiting time for, Act 1233. Franchises, sale or granting of, Acts 1229-1232. Franchises to construct railroads beyond city limits to public parks, Act 2930. Generally, Act 3920. Mail-carriers allowed to ride free, Act 2930. Overcharges, penalty for, Act 3919. Rates of fare on street railroads in cities of more than 100,000 inhabitants, Act 3920. Tickets, duty to provide, Act 3919. STREETS. I. Generally. II. In cities organized under municipal corporation bill, III. Improvements under local improvement act of 1901. IV. Improvements under act of 1903, providing for formation of districts. V. Improvements under act of 1889 (repealed as to cities of over forty thou- sand). yj. Improvements under act of 1893, relating to cities of forty thousand or over. VII. Improvements under the general stre«t law of 1885 (Vrooman act). VIII. Improvements under street improvement act of 1909. IX. Improvements under act of 1909, providing for work on sidewalks and curbings. X. Improvements under change of grade act of 1909. I. Generally. Assessments, delinquent, redemption of, regulation of, Act 3933. Assessments, delinquent, sales, regulation of. Act 3933. Bonds, street improvement bonds, system of. Act 3932. Boulevards, cities and cities and counties authorized to maintain. Act 2879. Cities authorized to permit construction of highways over streets. Act 2386. Franchises for street railways, sale of iu cities. Act 1232. Gravel beds and quarries, operation of by city for repair of streets, Act 2365. Hedges along lines of streets, Act 3925. Improvement of, Act 3926. Lighting of streets, lanes, alleys and courts, assessment of costs to property bene- fited. Act 2333. Lighting of streets, lanes, alleys and courts, provision for, Act 2333. Lighting of streets, letting of contracts for, Act 2340. INDEX. 1733 STREETS. I. Generally. (Continued.) Local improvements under local improvement act, Act 3929. See post, III. Sewers. See Sewers. Trees, growing, protection of, Act 1402. Trees, shade, planting, maintaining and care of, on. Act 3925. Work upon, act providing for. Act 3930. II. In cities organized under municipal corporation lull. Cities of first class, improvement of streets and sewers in. Act 2348, §§ 6G-S9, Cities of first class not liable for injuries in streets, Act 2348, § 87. Cities of first class, public, definition of, in, Act 2348, § 66. Cities of first class, street fund in. Act 2348, § 90, subd. 6. Cities of first class, street light fund, how used. Act 2348, §90, subd. 5. Cities of first class, superintendent, deputies of, and salaries of. Act 2348, § 26, subd. 12. Cities of first class, superintendent, duties and liabilities. Act 2348, § 136. Cities of first class, superintendent, salary of. Act 2348, § 26, subd. 12. Cities of first class, supervisors, power over and improvement of, in, Act 2348, § 64, subds. 2, 26, §§ 66-89. Cities of second class, chief engineer, appointment, duties and salary. Act 2348, §377. Cities of second class, chief engineer, certificate of work done as evidence, Act 2348, § 877. Cities of second class, injuries in, liability for. Act 2348, § 376. Cities of second class, opening new streets, Act 2348, § 332. Cities of second class, opening, widening, extending and improving streets, provi- sions governing. Act 2348, §§ 319, 320, subd. 4, §§ 332, 334-357. Cities of second class, superintendent and assistant, salaries of. Act 2348, § 307. Cities of second class, superintendent, duties and liabilities. Act 2348, §§374, 375, 376. Cities of second class, superintendent, effect of records of. Act 2348, § 373. Cities of second class, superintendent, office of. Act 2348, § 374. Cities of second class, superintendent, records open to inspection, Act 2348, § 373. Cities of third class, funds to be expended for street purposes only. Act 2348, § 534. Cities of third class, improvements in, provisions governing, Act 2348, §§ 531, 532. Cities of third class, superintendent, salary of. Act 2348, § 506. Cities of fourth class, commissioner, bond of. Act 2348, § 607. Cities of fourth class, commissioner, deputies of. Act 2348, § 672. Cities of fourth class, commissioner, powers and duties of. Act 2348, § 678. Cities of fourth class, commissioner, salary of. Act 2348, § 609. Cities of fourth class, commissioners, election and term of office, Act 2348. § 602. Cities of fourth class, improvement of, provisions relating to. Act 2348, §§ 627-630. Cities of fourth class, public, what are. Act 2348, § 627. Cities of fifth class, street improvements in. Act 2348, §§ 771, 772, 777. Cities of fifth class, superintendent, appointment and term of office. Act 2348, §752. Cities of fifth class, superintendent, city marshal is ex officio. Act 2348, § 751. Cities of sixth class, street work in, Act 2348, §§ 869, 870. Cities of sixth class, superintendent of streets, power of supervisors to appoint, Act 2348, § 852. 1734 INDEX. STREETS. (Continued.) III. Improvements under local Improvement act of 1901. Abandonment of work, Act 3929, § 19. Assessments, action to contest and appeal in, Act 3929, § 9. Assessments, day of payment and notice of, Act 3929, § 12. Assessments, deferred payments. Act 3929, § 13. Assessments, delinquent, sale of property. Act 3929, §§ 13, 14, Assessments, excess, refunding. Act 3929, § 21. Assessments, levy of, Act 3929, § 5. Assessments, sale, redemption of property, Act 3929, §§ 15, 16. Assessments, second. Act 3929. § 26. Assessments, special, lien of, Act 3929, § 22. Assessments, special, lien of, notice of. Act 3929, § 22. Assessments, special, protest not allowed. Act 3929, § 21. Assessments, when become lien, Act 3929, §§5, 8. Bond, limit on rate of interest. Act 3929, § 5. Contracts for work, letting on bids. Act 3929, § 19. Contracts for work, what to provide. Act 3929, § 19. Effect of act on prior acts. Act 3929, § 25. Engineer, report of, Act 3929, § 4. Engineer, report of, adopting, Act 3929, § 5. Engineer's report, resolution adopting, what to contain, Act 3929. § 5, Engineer, work to be referred to, Act 3929, § 3. Funds, excess, refunding. Act 3929, § 21. Local improvement bonds, form, issuance and sale, Act 3929, § 18. Local improvement bonds, sale of and disposal of proceeds, Act 3929, § 18. Map and list, recording. Act 3929, § 11. Map and list, transmitting to tax collector. Act 3929, § 10. Minority frontage, improvement, procedure, Act 3929, § 23. Notice of improvement, posting of. Act 3929, §§6, 7. Objection to improvements. Act 3929, § 7, Open- streets, what deemed to be. Act 3929, § 1. Power to order work to be done. Act 3929, § 1. Protest against second assessment not allowed. Act 3929, § 20. Resolution adopting engineer's report, what to contain. Act 3929, § 5. Resolution adopting report, setting aside, modifying, etc.. Act 3929, § 8. Tax-collector, funds collected by to be paid to treasurer, Act 3929, § 17. Tax-collector, repoit of. Act 3929, § 18. Work, application for acceptance of. Act 3929, § 19. Work, commencement and completion. Act 3929, § 19. Work, payment not to be made until accepted. Act 3929, § 19. Work, supervision of, Act 3929, § 19. IV. Improvement under act of 1903, providing for formation of districts. Alternative method of improvement, provides. Act 3928, § 36. Assessments, delinquent. Act 3928, §§22 et seq. Assessments, delivery to superintendent. Act 3928, § 20. Assessments, description in. Act 3928, § 17. Assessments, errors or mistakes. Act 3928, § 17. Assessments, finality and conclusiveness of. Act 3928, § 19. Assessments, form of. Act 3928, § 17. Assessments includes what expenses. Act 3928, § 16. Assessments, lien, when attaches. Act 3928, § 20. INDEX. 1735 STBITETS. IV. Improvement under act of 1903, providing for formation of dis- tricts. (Continued.) Assessments, name of owner, Act 3928, § 17. Assessments, notice of. Act 3928, §§ 18, 20. Assessments, notice to pay. Act 3928, § 22. Assessments, objections to, hearing of and decision. Act 3928, §§ 18, 19. Assessments, payment of. Act 3928, §§ 22, 24. Assessments, payment of collections to city treasurer, Act 3928, § 30. Assessments, payment by offset, Act 3923, § 21. Assessments, recording. Act 3923, § 20. Assessments, redemption. Act 3923, §§ 27, 28. Assessments, sale for, Act 3928, §§23 et seq. Assessments, sale for, deed on, Act 3928, §§ 28, 29. Assessments supplementary. Act 3928, § 32. Assessments, surplus, disposal of. Act 3928, § 32. Assessments to be written. Act 3928, § 17. Awards, payment of. Act 3928, § 31. Condemnation, payment of awards, Act 3928, § 31. Condemnation proceedings. Act 3928, §§ 5-15, § 31. Construction, liberal, to be given act. Act 3928, § 37. Definition of terms used in statute, Act 3928, § 33. Effect of statute on prior act. Act 3928, § 36. Notice, posting and publication of. Act 3928, § 3. Notice, posting of where no newspaper, Act 3928, § 34. Notice, proof of publication and posting. Act 3928, § 35. Notice, what only need be given, Act 3928, § 34. Order for improvement. Act 3928, § 5. Ordinance declaring intention and describing improvement and district. Act 3928, §2. Powers of supervisors over streets. Act 3928, § 1. Protests against improvement and district, Act 3928, § 4. Surplus, disposal of. Act 3928, § 32. V. Improvements under act of 1889 (repealed as to cities over forty thousand). Act liberally construed. Act 3927, § 25. Assessment, notice as to payment. Act 3927, § 16. Assessment-roll, what constitutes, Act 3927, § 15. Assessments, Act 3927, §§ 9 et seq. Assessments, become lien when, Act 3927, § 15. Assessments, payment and delinquency. Act 3927, § 16. Assessments, sale, redemption, deed, Act 3927, § 16. Assessments, supplementary, Act 3927, § 20. Commissioners to assess benefits and damages, Act 3927, §§ 6 et seq. Definitions of terms used in act. Act 3927, § 23. Notice of improvement, posting and publishing. Act 3927, § 3. Notice of filing of plat and report. Act 3927, § 13. Notices, posting of when no newspaper, Act 3927, § 23, subd. 2. Notices, proof of posting or publishing. Act 3927, § 23, subd. 2. Notices, what only necessary, Act 3927, § 23, subd. 8. Objections to improvements. Act 3927, § 4. Objections to improvement, hearing and decision on, Act 3927, § S. Objections to report. Act 3927, § 13. Overseers, designation of. Act 3927, § 12. Payment for land and improvements, condemnation proceedings os refusal, Act 3927, §§ 18, 19. I 1736 INDEX, STREETS. V. Improvements under act of 1889 (repealed as to cities oyer forty thousand). (Continued.) Payment for land and improvements, when and how made, Act 3927, § 17. Payments, how made. Act 3927, § 8. Plat of assessment district. Act 3927, §§10 et seq. Proceedings commenced before passage of act, how continued. Act 3927, § 24. Proceedings when boundaries of district affect whole city. Act 3927, § 22. Publications, what only necessary. Act 3927, § 23, subd. 8. Report of commissioners. Act 3927, §§ 10 et seq. Resolution of intention to perform street work. Act 3927, § 2. Superintendent, copy of report, assessment and plat to be sent to, Act 3927, § 15. Superintendent, duty on receiving report, Act 3927, § 16. Supervisors, general power over streets, Act 3927, § 1. Surplus funds, disposal of. Act 3927, § 20. Title, defective proceedings in case of. Act 3927, § 21, Unknown owners, when set down to. Act 3927, § 12. Viewing land and examining witnesses, Act 3927, § 9. Warrants, Act 3927, § 8. VI. Improvements under act of 1893, relating to cities of forty thousand or orei. Assessment-roll, Act 3931, § 15. Assessments, collections, disposal of. Act 3931, § 16, Assessments, delinquent. Act 3931, § 16. Assessments, how apportioned, Act 3931, § 9. Assessments, lien, when becomes. Act 3931, § 15. Assessments, notice of time of payment and delinquency. Act 3931, § 16. Assessments, payment. Act 3931, § 16. Assessments, penalties. Act 3931, § 16. Assessments, sale of property, redemption, deed, Act 3931, § 16. Board of audit, who constitute, and duties of, Act 3931, § 22. Claims, allowance and payment. Act 3931, § 22. Commissioners, appointment, duties, term of office and compensation. Act 3931, 5 6. Commissioners, board of public works to act as. Act 3931, § 6. f Commissioners, bond of, Act 3931, § 6. i Commissioners, conflicting claims or titles, proceedings in case of. Act 3931, § 12. Commissioners, offices and employees. Act 3931, § 7. | Commissioners, report and diagram, Act 3931, §§ 10, 11. j Commissioners, report, assessment and plat, copy to be sent superintendent. Act I 3931, § 15. Commissioners, report, errors or irregularities, effect of, Act 3931, § 12. Commissioners, report, filing and notice of. Act 3931, § 13. Commissioners, report, objections to, hearing of and decision. Act 3931, § 14. Commissioners, report, time to file, Act 3931, § 14. Commissioners, viewing land and determining value. Act 3931, § 9. Damages, notice of award and payment. Act 3931, § 17. Damages, refusal to accept, proceedings on, Act 3931, § 18. Definition of terms used in act, Act 3931, § 21. Expenses of improvement, what part of, Act 3931, §§ 8, 9. Notice, posting and publishing, Act 3931, § 3. Notices, posting of where no newspaper. Act 3931, § 2. Notices, proof of publication or posting, Act 3931, § 2. Objection by majority stops work. Act 3931, § 5. Objection, hearing and decision. Act 3931, § 5. Objection, sustaining of, new proceedings, when may be commenced. Act 3931, § 5. INDEX. l',37 STREETS. VI. Improvements under act of 1893, relating to cities of forty thou- sand or over. (Continued.) Objection to improvement, Act 3931, § 4. Payments, how made. Act 3931, §§8, 16. Power of city council, Act 3931, § 1. Resolution of intention. Act 3931, 2. Superintendent, appointment of officer, in cities without. Act 3931, § 22, subd. 4. Title, defective, proceedings in case of, Act 3931, § 20. Warrants, Act 3931, § 8. Warrants, payment of, Act 3931, § 19. vn. Improvements under general street law of 1885 (Vrooman act). Abandonment, expense borne by city. Act 3930, § 5. Acceptance of streets. Act 3930, § 20. Accepted streets, repair of. Act 3930, § 20. Assessments, action on, attorney's fee. Act 3930, § 12. Assessments, action on, evidence, Act 3930, § 12. Assessments, action on, judgment and appeal. Act 3930, § 12. Assessments, action on, right of. Act 3930, § 12. Assessments, action on, sale and redemption, Act 3930, § 12. Assessments, action on, service where owner cannot be found, Act 3930, § 12. Assessments, action on, where brought, Act 3930, § 12. Assessments and diagram, recording. Act 3930, § 9. Assessments, appeal, hearing and determination. Act 3930, § 11. Assessments, appeal to city council. Act 3930, § 11. Assessments, apportionment, where city iiays part of expenses. Act 3930, § 26> Assessments, defect in proceedings, effect of, Act 3930, § 11. Assessments, diagram. Act 3930, § 8. Assessments, diagram, and warrant, delivery to contractor, Act 3930, § 9, Assessments, how apportioned, Act 3930, § 7. Assessments, irregular, second assessment. Act 3930, § 9. Assessments, lien, failure to return warrant, effect on, Act 3930, § 10, Assessments, lien of, when attaches, Act 3930, § 9. Assessments, power of, Act 3930, § 8. Assessments, proportionate, on completion of part of work. Act 3930, § 121/4. Assessments, second, lien of. Act 3930, § 9. Assessments, superintendent's authority to receive payment. Act 3930, § 10. Assessments, superintendent to make. Act 3930, § 8. Assessments upon lands within a district. Act 3930, § 7, subd. 12. Authority to order improvements. Act 3930, § 2. Bond of contractor. Act 3930, § 5. Bond to secure claims for labor, materials, etc.. Act 3930, § 6V2- City pays expenses in excess of one-half assessed valuation. Act 3930, § 3. Completion, failure of, reletting unfinished work. Act 3930, § 5. Construction, liberal, of act, 3930, §§ 12, 53. Contract, bidder to advance cost of publications, Act 3930, § 5. Contract, bids, consideration of and rejection of, Act 3930, § 5. Contract, bids, how made. Act 3930, § 5. Contracts, bids of former bidders rejected, when, Act 3930, § 5. Contract, bond of contractor. Act 3930, § 5. Contract, election of owners to take work, Act 3930, § 5. Contract, failure of owners or bidder to enter into new bids. Act 3930, § 5. Contract, failure to enter into contract, forfeiture of check, Act 3930, § 5. Contract, notice calling for proposals. Act 3930, § 5. 1738 INDEX. STEEETS. vn. Improvements nnder general street law of 1885 (Vrooman act), (Continued.) Contract, notice of award of, Act 3930, § 5. Contract, provisions in, Act 3930, § 6. Contract, superintendent, powers in relation to. Act 3930, § 6. Costs and expenses, payment of by city. Act 3930, § 26. Cross-walks or sidewalks, power of council over, Act 3930, §§ 24, 25. Culverts, cesspools, sewers, manholes, etc., power of council over. Act 3930, §§ 24, 25. Definition of terms used in act, Act 3930, § 34. District assessed, diagram of. Act 3930, § 7, subd. 12. District, assessment of land within. Act 3930, § 7, subd. 12. Election of owners to take work, Act 3930, § 5. Engineering work who to perform and compensation, Act 3930, § 34. Estimate of expenses by city engineer, Act 3930, § 3. Expenses exceeding one-half assessed value, city pays excess, Act 3930, § 3. Grades, changing or modifying, power of supervisors. Act 3930, § 38. Grades, changing, assessment becomes a lien, when, Act 3930, § 48. Grades, changing, assessment, collections, disposal of, Act 3930, § 49. Grades, changing, assessment, delinquent, Act 3930, § 49. Grades, changing, assessment, manner of. Act 3930, § 47. Grades, changing, assessment, notice of time of payment, Act 3930, § 49, Grades, changing, assessment, payment, penalties. Act 3930, § 49. Grades, changing, assessment-roll. Act 3930, § 48. Grades, changing, assessment, sales, redemption and deed, Act 3930, § 49. Grades, changing, assessment when due. Act 3930, § 48. Grades, changing, commissioners, oaths of. Act 3930, § 41. Grades, changing, commissioners, powers of. Act 3930, § 42. Grades, changing, commissioners, reports and diagram. Act 3930, §§ 44, 45. Grades, changing, commissioners to assess damages, who constitute, Act 3930, § 40. Grades, changing, contracts, how entered into. Act 3930, §§ 46, 47. Grades, changing, damages, assessment of, Act 3930, § 43. Grades, changing, damages, condemnation proceedings on refusal to accept. Act 3930, § 51. Grades, changing, damages, notice of award of, Act 3930, § 50. Grades, changing, errors or irregularities, effect of, Act 3930, § 45. Grades, changing, notice of and publication of. Act 3930, § 38. Grades, changing, objections to, Act 3930, § 38. Grades, changing, petition for damages, Act 3930, § 39. Grades, changing, petition for. Act 3930, § 39. Grades, changing, report, assessment and plat, copy to be sent superintendent. Act 3930, § 48. Grades, changing, report, objections to hearing and determination, Act 3930, § 46. Grades, changing, resolution of intention. Act 3930, § 38. Injuries from defects in, liability for. Act 3930, § 24. Laborer, bond to protect, and claims of, Act 3930, § 6i^. Lessee, liability of and rights on payment. Act 3930, § 17. Materialman, bond to protect and claim of. Act 3930, § 6V2, Notice, how served. Act 3930, § 19. Notice of street work, posting. Act 3930, § 3. Objections to work. Act 3930, § 3. Open public streets, what deemed to be, Act 3930, § 1. Owners doing work other than grading, and rights on. Act 3930, § 7, subd. 10. I INDEX. i739 STEEETS. vn. Improvements under general street law of 1885 (Vrooman act). (Continued.) Owners, right to grade and allowance for grading, Act 3930, § 7, subd. 10. Owner, who deemed to be. Act 3930, § 16. Performance, supervisors may prescribe rules as to, Act 3930, § 6. Performance, to be to satisfaction of superintendent, Act 3930, § 6. Petition for street work, Act 3930, § 4. Posting, necessity of and proof of, Act 3930, § 34, subd. 4. Posting, when permitted and how made, Act 3930, § 34, subd. 4. Power of supervisors over, Act 3930, § 1. Publications, necessity of, how made, Act 3930, § 34, subd. 4. Publication, proof of. Act 3930, § 34, subd. 4. Records of superintendent effect of. Act 3930, § 18. Records of superintendent open to public. Act 3930, § 18. Repair, injuries from want of, liability for, Act 3930, § 23. Repair of accepted streets. Act 3930, § 20. Repairs, acticJn against owner by per.son making. Act 3930, § 14. Repairs, notifying owner to make, Act 3930, § 13. Repairs, penalties for failure to make, prescribing. Act 3930, § 15. Repairs, power of city council over. Act 3930, §§ 24, 25. Repairs, proceedings where owner fails to make. Act 3930, § 13, Repealed in so far as it relates to sidewalks, Act 3935, § 20. : Resolution of intention. Act 3930, § 3. Resolution of intention, excluding excepted work, Act 3930, § 7, subd. 11. Resolution of intention, what may include, Act 3930, § 7, subd. 11. Sewers. See Sewers. Superintendent, appointment of person to supervise work and compensation of. Act 3039, § 35. Superintendent authorized to make contracts. Act 3930, § 6. ' Superintendent, bond of, Act 3930, § 22. Superintendent, duties and liabilities generally. Act 3930, §§21, 22, 23. Superintendent, duty where repairs are needed, Act 3930, § 13. Superintendent, oaths, may administer. Act 3930, § 19, Superintendent, ofBce of. Act 3930, § 21. Superintendent, records of, efifect of. Act 3930, § 18. Superintendent, records over to examination. Act 3930, § 18. Superintendent, time, extension of. Act 3930, § 6. Superintendent to fix time for commencement and completion, Act 3930, § 6. Superintendent to receive bonds. Act 3930, § 6. Superintendent, work to be to satisfaction of. Act 3930, § 6, Supervisors acquire jurisdiction, when. Act 3930, § 3. Supervisors may order streets improved. Act 3930, § 2. Supervisors, powers over streets, Act 3930, § 2. Surveying and engineering work, who to perform, and compensation. Act 3930, § 34. Surveys, record of. Act 3930, § 34. Time for commencement and completion of work. Act 3930, § 6, Time for completion, extension of. Act 3930, § 6. Warrants, delivery to contractor. Act 3930, § 9. Warrants, demand of payment. Act 3930, § 10. Warrants, demand of payment where owner cannot be found or unknown, Act 3930, § 10. Warrants, failure to return, effect on lien, Act 3930, S 10. Wftrr»nt8, form of. Act 3930, i 9. k 1740 INDEX. STREETS. "VII. Improvements under general street law of 1885 (Vrooman act). (Continued.) Warrants, interest on, Act 3930, § 10. Warrants, paj'ment, receipt. Act 3930, § 10. Warrants, recording. Act 3930, § 9. Warrants, return of to superintendent, and proceedings on, Act 3930, § 10. Warrants, superintendent's autliority to receive payment, Act 3930, § 10. VIII. Improvements under street improvement act of 1909. Assessment district. Act -3934, § 2. Assessments, delinquent, payment of, Act 3934, § 13. Assessments, delinquent, publication of, Act 3934, § 13. Assessments, delinquent, sale of property advertised, proceedings on. Act 3934, §§ 14, 15. Assessments, delinquent, sale of property, deed to purchaser. Act 3034, § 17. Assessments, delinquent, sale of property, redemption. Act 3934, §§ 16, 17. Aessessments, delinquent, sales, report of collections. Act 3934, §'18. Assessments, disposition of funds collected. Act 3934, § 18. Assessments, duty of commission. Act 3934, § 10. Assessments, notice of, Act 3934, § 12. Assessments, recording of. Act 3934, § 12. Assessments, report by commission, action of legislative body on. Act 3934, § 12. Assessments, report by commission, hearing on and objections to. Act 3934, §§ 11, 12. Assessments, report by commission, majority may report. Act 3934, § 10. Assessments, report by commission, what to show. Act 3934, § 10. Assessments, supplemental, on deficiency, Act 3934, § 21. Authority to order improvements. Act 3934, | 1. Certain acts not affected by. Act 3934, § 23, Commission to assess damages, appointment, powers and duties of, Act 3934, §§6, 7. Construction of to be liberal. Act 3934, § 24. Damages, claims for, proceedings. Act 3934, § 8. Damages, notice of payment of. Act 3934, § 19. Damages, petitions to assess, proceedings on. Act 3934, § 7. Damages, refusal to accept award of, proceedings. Act 3934, § 20. Funds, disposition of moneys collected. Act 3934, § 18. Funds, transfer of moneys from general fund to improvement fund to expedite im- provement. Act 3934, § 18. Improvement, what work may be included in. Act 3934, § 2. Jurisdiction to order improvement, when acquired. Act 3934, § 5. Meaning of certain words and phrases in, Act 3934, § 22. Name of act. Act 3934, § 24. Notice of street work, posting and publication of, Act 3934, §§3, 4. Proceedings, when improvement ordered. Act 3934, § 5. Protest against improvement, Act 3934, §§ 2, 4. Kesolution of intention, contents of. Act 3934, § 2. Resolution of intention, passage of. Act 3934, §2. Resolution of intention, posting and publication of, Act 3934, § 3, Work, acceptance of. Act 3934, § 9. Work, contract for, award of, Act 3934, § 9. Work, contract for, failure to complete or abandonment of, reletting contract, Ad 3934, § 9. Work, contract for, what to provide. Act 3934, | 9. INDEX. 1141 STREETS. Vin. Improvements under street Improvement act of 1909. (Con- tinued.) Work, contract for, when signed, clerk to certify amount of contract price, Act 3934, § 9. Work, proposals and bids for doing, Act 3934, § 9. Work, supervision of, Act 3934, § 9. IX. Under act of 1909 providing for work upon sidewalks and curbing!. Assessments, actions on, Act 8935, § 11. Assessments, cities liable for what portion of work, Act 3935, § 6. Assessments, defects in, curing of. Act 3935, § 8. Assessments, how made. Act 3935, J 7. Assessments, lien of. Act 3935, § 8. Assessments, objections to. Act 3935, § 10. Assessments, rights of lessees regarding. Act 3935, § 15. Assessments, superintendent of streets to make, Act 3935, §§6, 7. Assessments, warrants, demands on. Act 3935, § 9. Assessments, warrant for and rights under. Act 3935, §§ 8, 9. Assessments, warrants, lost, duplicates. Act 3935, § 9. Assessments warrants, payment of. Act 3935, § 9. Assessments, warrants, return and record of. Act 3935, § 9. Assessments, what lands liable for. Act 3935, § 6. Authority to order work on sidewalks. Act 3935, § 2. Curbing, inclusion of in improvement. Act 3935, § 19, Curbing, order for, proceedings on. Act 3935, § 19. Definition of certain terms. Act 3935, §§ 14, 18. Definition of public streets. Act 3935, § 1. Effect of act on prior acts, Act 3936, §§ 19, 20. Effect of on general street law of 1885, Act 3935, §§ 19,20. Estimates of costs and expenses, Act 3935, § 2. Jurisdiction to order work, when acquired, Act 3935, § 2. Lessees paying assessments, rights of, Act 3935, § 15. Notice of sidewalk work, posting and publication of. Act 3935, S 2. Notices, record of giving, serving and posting, Act 3935, § 17. Notices, who may serve or post, Act 3935, § 17. Objections to improvement, Act 3935, § 2. Owner, defined, Act 3935, § 14. Owner, right of to construct sidewalk, Act 3935, § 6. Owners may petition for construction of work. Act 3935, § 3. Records, duty of superintendent of streets to keep. Act 3935, § 17. Records of superintendent of streets, effect of and right to inspect. Act 3935, § 16. Repairs to sidewalks, compelling. Act 3935, §§ 12, 13. Resolution of intention, passage, posting and publication of. Act 3935, § 2. Superintendent of streets, compelling repairs to sidewalks. Act 3935, § 12. Superintendent of streets, powers and duties of, Act 3935, § 5. Superintendent of streets, records of, duty to keep, effect of and right to inspect, Act 3935, § 16. Work, award, notice of, Act 3935, § 4. Works, contract for, bond of contractor. Act 3935, §§4, 6. Works, contract for, entry into. Act 3935, §§4, 5. Works, costs of publication and posting, Act 3935, § 4. Work, election by owners to take. Act 3935, § 4. Works, engineer, certificate by, effect of, Act 3935, § 17, Works, engineering and surveying, Act 3935, S 17. 1742 INDEX. STREETS. IX. Under act of 1909 providing for work upon sidewalks and curl- ings. (Continued.) Works, failure of bidder to enter into contract, proceedings. Act 3935, § 4. Works, manner of executing. Act 3935, § 5. Work, objections to. Act 3935, § 10. Work, proposals and bids for. Act 3935, § 4. Work, re-advertising for proposals and bids, Act 3935, § 4. Works, right of owner to construct sidewalk, Act 3935, § 6. Works, time for commencement and completion, Act 3935, § 5. X. Improvements under change of grade act of 1909. Alternative method provided by, Act 3936, § 7. Change, order for, publication and posting of, Act 3936, § 4. Change, subsequent changes, Act 3936, § 5. Change, when ordered. Act 3936, § 4. Effect of act on prior acts. Act 3936, § 7. Jurisdiction, when acquired. Act 3936, § 4. Meaning of certain words, Act 3936, § 6. Name of act. Act 3936, § 7. Notice of change of grade, posting and publication of. Act 3936, § 2. Owner, who deemed to be. Act 3936, § 5. Power of city council to change grade. Act 3936, § 1. Protests by owners. Act 3936, §§3, 4, 5. Resolution of intention, contents of. Act 3936, § 2. Resolution of intention, passage, posting and publication of. Act 3936, § 2. STRIKES. Misrepresentations of conditions of employment a misdemeanor, Act 2140. SUBPOENAS. Costs for serving. Acts 782, 1120. SUBTERRANEAN WATERS. Artesian wells, regulation of use of. Act 4356. Prevention of waste of, Act 4356. SUCCESSION, Law governing. Act 927. Collateral inheritances, tax on, Act 4040. Taxes on. See Taxation. SUISUN CITY. Streets, trustees authorized to grade and improve. Act 3938. SUISUN RIVER. Navigability of. Act 4358. SUMMARY PROCEEDINGS, Forcible entry and unlawful detainer, act concerning. Act 1208. SUMMONS. Costs for serving. Acts 782, 1120. Foreign corporations to designate person upon whom process may be served. Acts 774, 775. Service of upon absent defendants, Act 3943. INDEX. ]743 SUNDAY. Baking prohibited between 6 P. M. Saturday and 6 P. M. Sunday, Act 3951. Barbarous and noisy amusements, prohibition of, on. Act 3948. Employee entitled to one day in seven for rest, Acts 2137, 3952. Providing for better observance of. Acts 3949, 3950. SUPERINTENDENT OF PUBLIC INSTRUCTION. See Schools. SUPERINTENDENT OF IRRIGATION. Election of, in cities of fourth class. Act 2348, § 601. SUPERINTENDENT OF SCHOOLS. See Schools. I Districts, organization of confirmed. Act 3537. Women eligible to office of, Act 837, § 54. SUPERINTENDENT OF STATE PRINTING. See State Printer. SUPERINTENDENT OF STREETS. See Streets. SUPERIOR COURT. Acknowledgments taken before clerks of Talidated, Act 17. Juvenile court. See Juvenile Court. Sheriff, duty of in regard to attendance upon, Act 837, § 102. SUPERIOR JUDGES. Bonds of supervisors, fix. Act 837, § 66. Counties of the fifteenth class, salary of. Act 837, § 172, subd. 7. Instructions to grand juries. Act 837, § 9. Los Angeles County, three additional judges for, Act 2014. Orders for production of original papers by county county cleric. Act 2348, § 125. Particular county. See particular title. Powers formerly possessed by district, county, and probate courts, conferred on. Act 846. San Joaquin County, additional judge for, Act 3366. Shasta County, additional judge for. Act 3599. Secretary, judges in cities and cities and counties over two hundred thousand, may appoint. Act 845. SUPERVISORS. Accounts kept at office of clerk and open for inspection. Act 837, § 24. Agricultural resources, report of to state board of equalization, Act 837, § 48. Agriculture, to furnish statistics of products annually to secretary of state agricultural society. Act 837, § 66a. Allowances, limits on powers of. Act 837, § 36. Annual statistical report of financial transactions of county. Act 837, § 117, Apiaries, inspectors of, authorized to appoint. Acts 306, 307. Bids for supplies. Act 837, § 25, subd. 21. Bonded indebtedness, supervisors authorized to create. Act 373. Bonded indebtedness, supervisors authorized to refund, Act 3961. Bonded indebtedness, refunding at lower rate of interest. Act 373. Bonds, election on question of issuing by cities for expenses of year 1883, Act 383. Bonds of superior judges to fix. Act 837, § 66. Bonds of what officers, to fix. Act 837, § 66. Books, papers and accounts, seiulin«..rwm u=),.u»oi -— -- 1 t-un. , u).o 1 .C^K, 1 1 ■-■ -.w». - :i.Tl ~ 1 »,». . ^ ..<™wi 1 ..«™«. . »«.ai»»o. .OL^s-m, ™«^T.y^. j ,„«.,.„«« ,o,.,o.,». 1 1 1 .miLuu ■• ""'»- , . „,liO.. —'""'"" 1 -»"•«-'- ..„<^ r -n.'si— ' -.. . . ->.«!. ~ ..lHiA>. 0.»S 1 >.•>. 1. «•. „.~.™.« - "•«- •"=■ 1 .-VT^»0. '-^-'- >» ,OK,.„.,™ ™»>..«u 1 ao.o.T.»Mrv " — . «>iAa. 1 ..„,„ „T,„, 1 ~ 1 1 ,.^.^^. ~ 1«I>>.I9> ••Kb *-^>5^^K_!_«H.- „u^.c™ ~ — FITT> I HA«IO> "■"""'"«"• 1 — 1 ""~»»°-™ .^,,.^. 1 ».m.nm,«. '"""" '^^ 1 lOK, t »l^ .k I.NT..T .. .OU.T> ,o^..,o»»™ ~ 1 »■•■"•"•» WttUA«K-K. 1 i ™««™o«^. 1 — 1 """°' lZ 1 1 ' ■ '-"""I" _ I_ !• »•. "'°""'""^' « V dm.™. L . C»U,.C» 1 """ ' """" .^■^,o«^. -"""~""»- Olt, KT1^» q C«.H«,«. «.«>««o. ""'"■■'"' ! ™r„u.r.0CT<» ""^""^ - !«»>_• >. bb ■^ ..> _ L ..„^ ..-., .i-»«,. C«„C,.^. '-•^'•-•^'O" «.— _N. ».,. ^^ J - „o 1 LEGISLATIVE ,.>>,u, 1 -'™"-~- 1 IC».-.«M>I1 ..Lu^im^u 1 i.vurciAUi r^,.««i,™- 0.0,.T.O„. 1 .«T.U» 1 ! 1 ., c.^^c^. 1 ,...c..^ 1 u.^.,^^ 1 •UniWare the amount with the amount named in the statement of the con- troller. When warrants canceled. Sec. 5. Whenever any warrant issued by the state controller shall remain in his office uncalled for by the owner thereof for the period of one year after such warrant has become payable, it shall be the duty of the controller and treasurer, in the presence of the state board of exam- iners, to cancel the same; and whenever any warrant, delivered to the owner thereof by the controller, but not presented to the state treas- urer for payment for a period of one year after such warrant has be- come payable, said warrant shall be deemed to be canceled, and the treasurer shall, in the presence of the controller and state board of exam- iners, write the word "Canceled" opposite the entry of such warrant in his registry of warrants provided for in the first section of this act. The word "Canceled" shall also be written by the state controller op- posite the entry in the warrant register in his office, of all warrants required to be canceled by this act. The amounts of all warrants can- celed under the provisions of this act shall revert to the fund in the state treasury against which said warrants were drawn, and shall be entered upon the books of the controller to the credit of such fund, in the same manner as other moneys paid into the state treasury. Register of canceled warrants to be kept. Sec. 6. The controller and treasurer shall each keep a register of war- rants canceled under this act, in which shall be entered the number, date, and amount of the warrants, the name of the person in whose OFFICERS. 1845 favor it was drawn, the fund out of which it was payable, and the date of cancellation. Whenever the owner of any warrant canceled under the provisions of this act demands such warrant from the controller, it shall be the duty of the controller to issue a new warrant for the same amount, in the name of the same person, and payable out of the same fund as the warrant canceled; and in case where a warrant issued by the controller, but not paid by the treasurer, has been canceled and the owner or holder thereof presents the same for payment, it shall be the duty of the state controller to draw a new warrant therefor, in the name of the same person, for the same amount, and payable out of the same fund as the original warrant, and such original warrant shall thereupon be canceled by him and retained in his office as his voucher for issuing such new warrant. In all cases where a warrant shall be issued in lieu of one canceled, the word "Duplicate" shall be plainly written or printed across the face thereof, in red ink, by the controller, and the issue thereof noted on the registry of canceled warrants kept in his office, and when any such duplicate warrant is paid by the state treasurer he shall note the payment thereof on the registry of canceled warrants kept in his office. Interest coupons, when canceled. Sec. 7. Whenever the interest coupons attached to any registered bond of this state issued under either of the following named acts, to wit: An Act to provide for paying certain equitable claims against the state of California, and to contract a funded debt for that purpose, approved April twenty-eight, eighteen hundred and fifty-seven; An Act to amend an act entitled An Act to provide for paying certain equitable claims against the state of California, and to contract a funded debt for that purpose, approved April twenty-eight, eighteen hundred and fifty-seven, approved April twenty-seven, eighteen hundred and sixty; An Act for the relief of the enlisted men of the California volunteers in the ser- vice of the United States, approved April twenty-seven, eighteen hun- dred and sixty-three; An Act granting bounties to the volunteers of this state, enlisted in the service of the United States, for issuing bonds to provide funds for the payment of the same, and to levy a tax to pay such bonds, approved April fourth, eighteen hundred and sixty-four, and An Act authorizing the issuance of state bonds to the amount of two hundred and fifty thousand dollars, to be known as State Capitol bonds, approved April fourth, eighteen hundred and seventy, shall not be pre- sented to the state treasurer for payment for a period of one year after such coupon has become due and payable. It shall be the duty of the state treasurer to furnish the state controller and state board of exam- iners each with a list of such coupons not presented for payment, with 1846 APPENDIX, the amount thereof, whereupon the state controller shall order the treas- urer to placa the money held by him for the payment of such coupons into the general fund of the state treasury, and the amount so ordered into the general fund shall be placed to the credit of said fund on the books of the controller and treasurer in the same manner as other moneys paid into the state treasury. Canceled interest coupons, how payable. See. 8. Whenever any of the interest coupons mentioned in the seventh section of this act are presented for payment, after the money to pay the same has been transferred to the general fund, such coupons shall be presented to the state board of examiners, which board shall audit and allow them out of the general fund of the state treasury, and shall transmit a voucher to the state controller, upon which to draw his war- rant upon the state treasurer. Upon the presentation of such warrant and the surrender to him of the coupons for the payment of which the said warrant is drawn, the state treasurer shall pay the same out of the general fund. Immediate duty of examiners. Sec. 9. Immediately after the passage of this act the state board of examiners shall examine the books in the state treasurer's office, in which are pasted the coupons of the registered bonds of the state paid by him, and shall require the state treasurer to make out a list of all coupons not found therein, as provided for in section seven of -this act, and the money held by him for the payment thereof shall be placed in the gen- eral fund as provided in this act. Act takes effect when. Sec. 10. This act shall take effect from and after its passage. PILOTS. An Act to esiablisTi pilots and pilot regulations for the port of San Diego. [Approved March 26, 1872; Stats. 1871-72, p. 650.] The purpose of this act sufficiently appears from its title. An Act to provide for the appointment of pilots, and defining their duties and compensation at the port of Wilmington and hay of San Pedro. [Approved March 19, 1889; Stats. 1889, p. 416.] The purpose of this act sufficiently appears from its title. SAN FRANCISCO — STATE. 1847 SAN FRANCISCO. An Act authorizing the appointment of a notary public in the city an3 county of San Francisco, to reside and trunsact notarial duties at Yerbd Buena Island, or Goat Island, in the bay of San Francisco, in addition] to the number of notaries now authorized by law for said city and county. [Approved February 12, 1903; Stats. 1903, p. 26.] Notary public for Yerba Buena Island. Section 1. The governor is hereby authorized and empowered to ap- point and commission one notary public in and for the city and county of San Francisco, to reside and transact his notarial duties at Yerba Buena Island, known as Goat Island, in the bay of San Francisco, in addition to the number of notaries now authorized by law to be ap- pointed in said city and county. Such notary shall be subject to the general laws relating to notaries public. Act takes effect when. Sec. 2. This act shall take effect immediately. STATE. \' Acts relating to suits against state: See Appendix, Code Civ. Proc, post, pp. 1971, 1973, 1974. An Act authorizing the alloimnce, settlement, and payment of clainis of counties against the state. [Approved March 9, 1893; Stats. 1893, p. 109.] State controller to allow claims for commissions for collection of taxes to be retained. Section 1. On the presentation of the claim of any county of this state, or treasurer thereof, to the state controller for conuuissions, charges, or fees fixed or directed to be allowed by law for the collec- tion of state taxes, the said commissions, charges, or fees for which claim is made, not having been allowed by the state, and the same hav- ing been paid into the state treasury, thereupon the state controller shall, in the next settlement thereafter to be made with the treasurer of the county presenting such claim, allow to be retained out of any moneys then in the hands of such treasurer belonging to the state, the amount of such claim; provided, however, that the moneys thus retained shall be paid into the county treasury, and shall be the property of such county. 1848 APPENDIX. Act takes effect when. Sec. 2. This act shall take effect immediately. Construction of act: See County of Yolo v. Colgan, 132 Cal. 265. STATE ANALYST. An Act to provide for analyzing the minerals, mineral waters, and other* liquids, and the medicinal plants of the state of California, and of foods and drugs, to prevent the adulteration of the same. [Approved March 9, 1885; Stats. 1885, p. 43.] § 1. Governor to appoint state analyst. § 2. State board of health, etc., may submit food, etc., for analysis. § 3. Any person may submit food, etc., for analysis. § 4. State analyst to report. § 5. State board of health may submit food, etc., for analysis. § 6. Mineralogist to submit minerals for analysis. § 7. Viticultural commissioners may submit wines and spirits for analysis. Governor to appoint state analyst. Section 1. The governor of the state of California shall appoint one of the professors of the state university of California of sufficient com- petence, knowledge, skill, and experience, as state analyst, whose duty it shall be to analyze all articles of food, drugs, medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids which shall be manufactured, sold, or used within this state, when submitted to him, as hereinafter provided. State board of health, etc., may submit food, etc., for analysis. Sec. 2. The state board of health and vital statistics, or medical offi- cers of health of any city, town, or of any city and county, or county, may, at the cost of their respective boards or corporations, purchase a sample of any food, drugs, medicines, medicinal plants, mineral waters, or other liquids offered for sale in any town, village, or city in this state, and submit the same to the state analyst as hereinafter provided; and said analyst shall, upon receiving such article duly submitted to him, forthwith analyze the same, and give a certified certificate to the secretary of the state board of health submitting the same, wherein he shall fully specify the result of the analysis; and the certificate of the state analyst shall be held in all the courts of this state as prima facie evidence of the properties of the articles analyzed by him. Any person may submit food, etc., for analysis. Sec. 3. Any person desiring an analysis of any food, drug, medicine, medicinal plant, soil, mineral water, or other liquid, shall submit the STATE ANALYST. 1840 same to the secretary of the state board of health, together -n-ith a writ- ten statement of the circumstances under which he procured the article to be analyzed, which statement must, if required by him, be verified by oath, and it shall be the duty of the secretary of the state board of health to transmit the same to the state analyst, the expenses thereof to be defrayed by the said board. State analyst to report. Sec. 4. The state analyst shall report to the state board of health the number of all the articles analyzed, and shall specify the results thereof to said board annually, with full statement of all the articles analyzed, and by whom submitted. State board of health may submit food, etc., for analysis. See. 5. The state board of health may submit to the state analj'st any samples of food, drugs, medicines, medicinal plants, mineral waters, or other liquids, for analysis, as hereinbefore provided. Mineralogist to submit minerals for analysis. Sec. 6. It shall be competent for the mineralogist of the state of Cali- fornia to submit to the state analyst any minerals of which he desires an analysis to be made; provided, that the cost of the same shall be de- frayed by the mineralogical bureau. Viticultural commissioners may submit wines and spirits for analysis. Sec. '(. The board of state viticultural commissioners shall have the same privileges as are provided for the state board of health under this act, with respect to samples of wines and grape-spirits, and of all liquids and compounds in imitation thereof, and any person or persons desiring analyses of such products, shall submit the same to the secre- tary of the said board of state viticultural commissioners, and the same shall be transmitted to the state analyst, in the manner prescribed in section three of this act. The analj'ses shall be made, and the certifi- cates of the state analyst shall be forwarded to the secretary of the said board of state viticultural commissioners, and shall have the same force and effect as provided for in section two of this act, with respect to analyses made for the state board of health. 1850 APPENDIX. TREASURERS. An Act relating to treasvrera, their deputies and clerics, in counties, and cities and counties, having a population of two hundred tJiousand i^ihab- iiants or over. [Approved March 23, 1893; Stats. 1893, p. 282.] Treasurer to appoint deputies. Salaries. Section 1. In all counties, and cities and counties, having a popula- tion of two hundred thousand inhabitants or over, the treasurer may appoint deputies and clerks as follows: One chief deputy, who shall receive a salary of two hundred and fifty ($250) dollars per month; one clerk, who shall receive a salary of one hundred and twenty-five ($125) dollars per month; and two additional deputies, who shall receive a salary of one hundred and seventy-five dollars ($175) per month each. Said salaries shall be audited, allowed, and paid out of the general fund. Conflicting acts repealed. See. 2. All acts and parts of acts in conflict with this act are hereby repealed. Act takes effect vrhen. Sec. 3. This act shall take effect from and after its passage. Act superseded as to San Francisco: See Charter of Saa Francisco. An Act authorizing the controller and treasurer to transfer to the general fund all moneys now in the state drainage construction fund, and also, from time to time, to transfer to the general fund all moneys tluit may hereafter be paid into the state drainage construction fund. [Approved March 31, 1891; Stats. 1891, p. 237.] The purpose of this act sufficiently appears from its title. An Act requiring the payment into the state treasury of all moneys he-^ longing to the state, received by the various state institutions, comniis-( sions, and officers, and directing the disposition of the same. ^ [1. Approved March 17, 1899; Stats. 1899, p. 110. 2. Amended March 20, 1905; Stats. 1905, p. 382. 3. Amended June 14, 190G; Stats. Extra Sess. 1906, p. 43.] The purpose of this act sufficiently appears from its title. APPENDIX— SUBJECTS OF CIVIL CODE. (1851) APPENDIX— SUBJECTS OF CIVIL CODE. ACKNOWLEDGMENTS. An Act to legalize certain acknmvledgments. [Approved March 2, 1891; Stats. 1891, p. 20. Superseded by Stats. 1897, p. 29, to the same effect.] ■; Defective acknowledgments. See ante, § 1207, curing defective acknowledg- ments executed before January 1, 1903. An Act to legalize acJcnotdedgments of certificates in writing required "by section tioo of an act entitled "An Act to provide for tJie formation of chambers of commerce, boards of trade, mechanic institutes, and other Tcindred protective associations," approved March 31, 1866, heretofore made or talcen, and to legalize all certificates heretofore made, signed, and acJcTwwledged, and filed under section two of said act. (Approved March 10, 1885; Stats. 1885, p. 55.] Acknowledgments legalized. Section 1. All acknowledgments heretofore made or taken to the certificate in writing required by section two of an act entitled "An Act to provide for the formation of chambers of commerce, boards of trade, mechanic institutes, and other kindred protective associations," approved March thirty-first, eighteen hundred and sixty-six, whether proven by a witness or otherwise, and all certificates in writing hereto- fore made, signed, and acknowledged, and filed under section two of said act, though said certificates and acknowledgments be defective or irregular, are hereby legalized and made valid. Sec. 2. This act shall take effect and be in force from and after its passage. ANIMALS. An Act to prevent combinations to obstruct the sale of Uve-st&ck in the state of California, [Approved February 27, 1893; Stats. 1893, p. 30.] i 1. Combinations to prevent buying live-stock prohibited. I 2. Corporation prohibited. I 3. By-laws of corporations. § 4. Trusts, combinations, or conspiracies. § 5. Selling livestock at any market. 5 6. Punishment. (1853) 1854 APPENDIX. ComTjinatlons to prevent "bujrlng live-stock prohibited. Section 1. It shall be nulawful for any two or more persons, or cor- porations, to combine or agree together to do any act which will, in any respect, prevent any person from buying live-stock at any place in this state from any person having the same for sale, either for himself or as the representative or agent of the owner of the same. Corporation prohibited. Sec. 2. It shall be unlawful for any corporation organized under the laws of this state, or any board of directors or trustees, or stockholders, or agents, or officers of any corporation, to have, pass, or enforce any rule, by-law, or regulation, whereby any officer, stockholder, member, shareholder, agent, servant thereof, or any other person in any way interested in or connected with such corporation, shall in any respect be prohibited, prevented, or enjoined from buying live-stock from any other person having such live-stock for sale, either as owner thereof, or as the agent, representative, or assistant of such owner, in any market in this state where live-stock is brought to be sold. By-laws of corporations. Sec. 3. Every rule, regulation, or by-law of any corporation doing business in this state, which has for its purpose, or which, directly or indirectly, tends to prevent its members or stockholders from freely purchasing livestock from any person lawfully having the same for sale, upon any live-stock market of this state, are hereby declared to be contrary to the public policy of this state, and unlawful and void; and any person or persons who shall attempt, directly or indirectly, to enforce any such rule, regulation, or by-law, shall be deemed guilty of a misdemeanor, and, in addition to the penalties prescribed by this act, shall be personally liable for all damages which may arise from the enforcement of such rule, regulation, or by-law, to any person damaged thereby. Trusts, combinations, or conspiracies. Sec. 4. No trusts, combinations, or conspiracies shall be organized or exist in this state, to prevent any person or persons, or corporation, from selling live-stock on commission, for such an amount of commis- sion as any person engaged in the business may see fit to charge; and all rules, regulations, by-laws, or agreements of any corporation, asso- ciation, society, or combination of persons, whereby any such corpora- tion, society, association, or combination of individuals are required to charge not less than a given sum for commissions, or whereby any per- son or commission merchant is, in any respect, restrained from charging less than a certain fixed sum for his services as such commission mer- chant in the sale of live-stock, are hereby declared to be contrary to the public policy of this state, and unlawful. And any person who shall enter into any such trust, combination, or conspiracy, or who shall en- force or aid, abet, assist, or encourage the enforcement of any such rule, regulation, by-law, or agreement, shall be liable to the penalties ANIMALS. 1855 prescribed by this act, and also shall be personally liable to any person, individual, society, or corporation who may be injured in his property or business thereby, to the full extent of the injury resulting thcrcfrora. Selling live-stock at any market. Sec. 5. Whoever shall, directly or indirectly, be a party to any com- bination, conspiracy, or association, which attempts, directly or in- directly, to prevent any other person from freely selling live-stock at any market m this state for such persons as see fit to engage his ser- vices, or shall endeavor to compel, directly or indirectly, any person to charge not less than a fixed minimum sum for services in the sale of live-stock, or shall, in any way, hinder or prevent another from lawfully selling live-stock for another, for such rate of commission as may be agreed upon by the owner of the live-stock and the commission mer- chant, shall be deemed guilty of a misdemeanor, and suffer the penalties prescribed by this act, and shall be personally liable to any one ag- grieved thereby, for the full amount of any damage sustained by such. person. Punishment. Sec. 6. Any one who shall violate the provisions of this act shall be punished by a fine in any sum not less than five hundred dollars, and not more than five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by either or both, in the discre- tion of the court, and shall be liable, in civil action, to any person aggrieved, in such damages as he or she may have sustained by the violation of this act. Sec. 7. This act shall take effect and be in force from and after its passage. 1856 APPENDIX. BANKING. An Act to define and regulate the husiness of tanTcing. [Approved March 1, 1909; Stats. 1909, p. 87.] BANK ACT. Article T. General Provisions. §§ 1—51. II. Savings Banks. §§ 60-69. III. Commercial Banks. §§ 80-83. IV. Trust Companies. §§ 90-106. V. State Banking Department. §§ 120-147. ARTICLE I. General Provisions. § 1. Title of act. § 2. Definition of word 'Tbank." § 3. Corporations, how formed. § 4. Savings bank, meaning of term. § 5, Commercial bank. § 6. Trust company. § 7. Foreign corporations, requirements of. § 8. Certificates to do business. § 9. Branch offices. § 10. Directors, who are eligible. § 11. Director, oath required of. § 12. Term "bank" must not be used, when. § 13. Unincorporated banks. § 14. Advertising statements, to contain what. § 15. Depositors known to be dead, statement of. § 16. Deposits by married women or minors. Joint tenants. Deceased depositors, who may collect for. § 17. Stockholders, list of to be accessible. § 18. Partnership, list of. § 19. Capital; deposit liabilities. § 20. Lawful money reserve. § 21. Dividends. Surplus fund. § 22. Departmental banking. § 23. Capital required. § 24. Certificate for each department required. § 25. Department money reserve. Deposits, transfer of to other departments. § 26. Books of account to be kept separate. § 27. Depositors, security for. § 28. Window-signs, must contain, what. § 29. Non-stock corporations heretofore created. § 30. Safe deposits. § 31. Sale of assets. Agreement of sale and purchase, to contain what. § 32. Trust funds. § 33. Officers not to borrow funds. § 34. Capital stock, purchase of. BANKING. 1857 § 35. Mortgages, restrictions on purchase of, § 36. Bonds, purchase of. § 37. Shares of corporations. § 38. Penal liabilities of directors and employees. § 39. Same. § 40. Stockholders' liability, waiver of. § 41. Purchase of obligations. § 42. Purchase of assets. § 43. Deposits in other banks. § 44. Loans on bank stock. § 45. Interest unpaid. § 46. Loans on bonds. § 47. Loans on realty. § 48. National banks, examination of. § 49. Savings banks, advertising as. § 50. Posting of certificale. § 51. Deposits by order of court. Title of act. Section 1. This act shall be known as the "Bank Act," and shall be applicable to all corporations and individuals specified in the next section. Definition of word "bank." Sec. 2. The word "bank" as used in this act includes every person, firm, company, copartnership or corporation which conducts the business of receiving money on deposit. Banks are divided into the following classes: (a) Savings banks; (b) Commercial banks; and (c) Trust companies. Corporations, how formed. Sec. 3. Corporations may be formed under the laws of this state to conduct, as provided in this act, and not otherwise, any one or all of the businesses mentioned in divisions a, b and c of section 2, of this act. Savings bank, meaning of term. Sec. 4. The term "savings bank," when used in this act, means a bank organized for the purpose of accumulating and loaning the funds of its members, stockholders, and depositors, and which may loan and invest the funds thereof, receive deposits of money; loan, invest and collect the same with interest; and may repay depositors with or without interest, and having power to invest said funds in such property, securities and obligations as may be prescribed by this act; and to declare and pay dividends on its general deposits, and a stipulated rate of interest on deposits made for a stated period or upon special terms. Commercial bank. Sec. 5. The term "commercial bank," when used in this act, means any bank authorized by law to receive deposits of money, deal in com- 1858 APPENDIX. mercial paper or to make loans thereon, and to lend money on real or personal property, and to discount bills, notes, or other commercial paper, and to buy and sell securities, gold and silver bullion, or foreign coins or bills of exchange. Trust company. Sec. 6. The term "trust company," when used in this act, means any company which is incorporated for the purpose of conducting the busi- ness of acting as executor, administrator, guardian of estates, assignee, receiver, depositary, or trustee. Foreign corporations, requirements of. Sec. 7. No foreign corporation shall transact a banking business in this state without first complying with all the requirements of the laws of this state relative to banks as defined in this act, and without having the capital paid up in this state as required by this act. And no such foreign corporation shall transact any banking business in this state until it has executed and filed with the superintendent of banks a writ- ten instrument appointing such superintendent, or his successor in office, its true and lawful attorney, upon whom all process in any action or proceeding by any resident of the state against it may be served, with the same effect as if such corporation was formed under the laws of this state and had been lawfully served with process therein. Service in favor of a resident of this state upon such attorney shall be deemed personal service on such corporation. The superintendent of banks shall forthwith forward by mail a copy of every process served upon him under the provisions of this section, postage prepaid, and directed to the secretary of such corporation, at its last ' known post-office address. For each copy of process, the superintendent of banks shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of such service, to be recovered by him as part of his taxable costs if he succeed in the suit or proceeding. Certificates to do business. Sec. 8. Every corporation, at the time it applies for a certificate to do a banking business, must file with the superintendent of banks a certified copy of its articles of incorporation, or of the statute charter- ing such corporation, also all instruments amending or altering such articles of incorporation or charter. Thereafter all amendments and cer- tificates shall likewise be so filed before such instruments take effect. In like manner all copartnerships shall file certified copies of their articles of copartnership and all amendments thereto. Branch offices. Sec. 9. No bank in this state, or any officer or director thereof, shall hereafter open or keep an office other tlian its principal place of busi- ness, without first having obtained the written approval of the super- intendent of banks to the opening of such branch office, which written approval may be given or withheld in his discretion, and shall not be BANKING. 1859 given by him until he has ascertained to his satisfaction that the pub- lic convenience and advantage will be promoted by the opening of such branch office; and, provided furtlier, that no bank or any officer or director thereof, shall open or maintain such branch unless the capital of such bank, actually paid in cash, shall exceed the amount required by this act by the sum of twenty-live thousand dollars for each branch office opened and maintained. Every bank, and every such officer or director violating the provisions of this section shall be guilty of a misdemeanor. Directors, who are eligible. Sec. 10. No person shall be eligible for election as a director of a bank unless he is a stockholder of the bank, owning, in his own right, shares thereof of the actual market value of at least five hundred dol- lars; and every person elected to be director who, after such election, shall cease to be the owner in his own right of the amount of stoclc aforesaid, shall then cease to be a director of the bank, and his office shall then become vacant. If a bank be organized without capital stock, no person shall be eligible as a director thereof unless he is both a mem- ber and a depositor of such bank. Director, oath required of. Sec. 11. Each director of a, bank, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such bank, and will not know- ingly violate or willfully permit to be violated any of the provisions of law applicable to such bank, and that he is the owner in good faith and in his own right of the shares of stock of the actual market value required by section 10 of this act, subscribed by him or standing in his name on the books of the bank, and that the same is not hypothecated or in any way pledged as security for any loan or debt; and, in case of re-election or reappointment, that such stock was not hypothecated or in any way pledged as security for any loan or debt during his previ- ous term. Such oath shall be subscribed by the director making it, and certified by the officer before whom it is taken; and shall be imme- diately transmitted to the superintendent of banks, and filed and pre- served in his office. Term "bank" must not be used, when. Sec. 12. No person, firm, company, copartnership or corporation not subject to the supervision of the superintendent of banks, and not required to report to him by the provisions of this act, shall make use of any office sign, at the place where such business is transacted, having thereon any artificial or corporate name, or other words indicating that such place or office is the place or office of a bank, or that deposits are received there or payments made on cheek, or any other form of bank- ing business transacted, nor shall such person or persona, firm, company, copartnership or corporation make use of or circulate any letter-heads, bill-heads, blank notes, blank receipts, certificates or circulars, or any 1860 APPENDIX. written or printed, or partly written and partly printed, paper whatever, having thereon any artificial or corporate name or other word or words indicating that such business is the business of a bank, savings bank or trust company. Every person, firm, company, copartnership or officer of a corporation violating the provisions of this section shall be guilty of a misdemeanor. Unincorporated banks. Sec. 13. Every person or number of persons, not being incorporated, engaged in the business of banking or publicly receiving money on deposits, must conduct such business under a name which shows the true name of all persons engaged therein, unless such person or persona have complied with the provisions of article 7, of chapter II, of title 10, of part IV of division 3 of the Civil Code. Advertising statements, to contain, what. Sec. 14. No bank, or any officer thereof, shall advertise in any man- ner, or publish any statement of the capital authorized or subscribed, unless it or he advertise and publish, in connection therewith, the amount of capital actually paid up. Any bank, or any officer thereof, advertising in any manner, or publishing any statement of such capital, authorized or subscribed, without a statement in connection therewith of the capital actually paid up, shall be guilty of a misdemeanor. Depositors known to be dead, statement of. Sec. 15. The president or managing officer of every bank must, within fifteen days after the first day of January of every odd-numbered year, return to the superintendent of banks a sworn statement showing the names of depositors known to be dead, or who have not made fur- ther deposits, or withdrawn any moneys during the preceding ten years. Such statements shall show the amount of the account, the depositor's last known place of residence or post-office address, and the fact of death, if known to such president or managing officer. Such presi- dent or managing officer must give notice of these deposits in one or more newspapers published in or nearest to the town or city where such bank has its principal place of business, at least once a week for four consecutive weeks, the cost of such publication to be paid pro rata out of such unclaimed deposits. This section does not apply to any deposit made by or in the name of a person known to the president or man- aging officer to be living, or which, with the accumulation thereon, is less than fifty dollars. The superintendent of banks must incorporate in his subsequent report such returns made to him as provided in this section. Any president or managing officer of any bank who neglects or refuses to make the sworn statement required by this section shall be guilty of a misdemeanor. Deposits by married women or minors. Joint tenants. Deceased de- positors, who may collect for. Sec. 16. When any deposit with a bank shall be made by or in the name of any married woman or minor, the same shall be held for the BANKING. 1861 exclusive right and benefit of such cTepositor, and free from the control or lien of all other persons, except creditors, and shall be paid, together with the dividends, if any, and interest, if any, thereon to the person in whose name deposits shall have been made, and the receipt or ac- quittance of such minor shall be a valid and sufficient release and dis- charge for such deposit, or any part thereof, to the bank. When any deposit with a bank shall be made by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust shall have been given in writing to such bank, in the event of the death of the trustee, the same or any part thereof, together with the dividends or interest, if any, thereon, may be paid to the per- son for whom the deposit was made. When a deposit with a bank shall be made by any person in the names of such depositor and another person or persons, and in form to be paid to either or the survivor or survivors of them, such deposit thereupon, and any additions thereto made by either of such persons upon the making thereof, shall become the property of such persons as joint tenants, and the same, together with all interest thereon, shall be held for the exclusive use of the persons so named, and may be paid to either during the lifetime of all or any or to the survivor or survivors after the death of one or more of them, and such payments and the receipt or acquittance of the one to whom such payment is made shall be a valid and sufficient release and discharge to said bank for all payments made on account of such deposit. The surviving husband or wife of any deceased person, or, if no hus- band or wife is living, then the children of such decedent, and if no children are living, then the father or mother of such decedent, may, without procuring letters of administration, collect of any bank any sum which said deceased may have left on deposit in such bank at the time of his or her death; provided, such deposit shall not exceed the sum of five hundred dollars. Any bank, upon receiving an affidavit stating that said depositor is dead, and that affiant is the surviving hus- band or wife, as the case may be, or stating that decedent left no husband or wife, and that affiant is, or affiants are, the children, or the father or mother, of said decedent, and that the whole amount that decedent left on deposit in any and all banks of deposit in this state does not exceed the sum of five hundred dollars, may pay to said affiant or affiants any deposit of said decedent, if the same does not exceed the sum of five hundred dollars, and the receipt of such affiant is sufficient acquittance therefor. Stockholders, list of to be accessible. Sec. 17. Every bank now in existence or hereafter organized shall keep in its offices, in a place accessible to the stockholders, depositors, and creditors thereof, and for their use, a book containing a list of stockholders in such corporation, and the number of shares of stock held by each; and every such bank shall keep posted in its office, in a con- spicuous place, accessible to the public generally, a notice signed by the president or secretary, showing: 1862 APPENDIX. 1. The names of the directors of such bank. 2. The number and the par value of the shares of stock held by each director. The entries on such book and such notice shall be made and posted within twenty-four hours after any transfer of stock, and shall be prima facie evidence against each director and stockholder of the num- ber of she res of stock held by each. Partnership, list of. Sec. 18. Every copartnership doing a banking business shall keep in its office, in a place accessible to the partners and depositors and the creditors thereof, a list of the partners and the capital paid into the copartnership of each partner. Capital; deposit liabilities. Sec. 19. The aggregate of paid-up capital, together with the sur- plus, of every bank, must equal ten per centum of its deposit liabilities; such deposit liabilities shall not be increased when such proportion of paid-up capital and surplus is wanting, and in no event shall said paid- up capital be less than the minimum paid-up capital provided by this act. And, provided also, that no savings bank shall be required to have a paid-up capital and surplus of more than one million dollars or if organized without a capital stock, a reserve fund of more than one million dollarg. Lawful money reserve. Sec. 20. Every bank, other than a savings bank, shall at all times have on hand, in lawful money of the United States, gold and silver coin, gold certificates or silver certificates, an amount equal to fifteen per centum of the aggregate amount of its deposits, exclusive of state, county and municipal deposits. The amotint thus to be kept on hand shall be called its lawful money reserve. Three fifths of such lawful money reserve of any bank other than a savings bank may consist of moneys on deposit subject to call with any bank or banks other than a savings bank in this state; provided, that every bank receiving deposits of other banks shall maintain as a lawful money reserve at least twenty per centum of the aggregate amount of its deposits, exclusive of state, county and municipal deposits. If the lawful money reserve of any bank shall be less than the amount required by this section, such bank shall not increase its liability by making any new loans or discounts, otherwise than by discounting bills of exchange payable on sight, or making any dividends from profits until the full amount of its lawful money reserve has been restored. The superintendent of banks may notify any bank, whose lawful money reserve shall be below the amount herein required, to make good such reserve; and, if it shall fail for thirty days thereafter to make good such reserve, such bank shall be deemed insolvent and may be proceeded against under the provisions of this act. BANKING. 1863 Dividends. Surplus fund. Sec. 21. The directors of banks having a capital stock may, at such times and in such manner as the by-laws preseril)e, declare and pay- dividends to depositors and stockholders of so much of the profits of the bank, and of the interest arising from the capital and deposits, as may be appropriated for that purpose under the by-laws or under their agreements with depositors, but every such bank shall, before the decla- ration 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 converted 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 capital stock. A larger surplus or reserve fund may be created, and nothing herein contained shall be construed as prohibitory thereof. The capital and the assets of the bank are a security to depositors and stockholders, depositors having the priority of security over the stock- holders, but the by-laws may provide that the same security shall extend to deposits made by stockholders. Departmental banking. Sec. 22. Any corporation authorized by its articles of incorporation so to do, may combine the business of a commercial bank and savings bank and trust company, or any or all of them. Capital required. Sec. 23. Every bank doing a departmental business, shall have paid up in cash a capital stock of not less than twenty-five thousand dollars if it transacts both a commercial and savings business; and paid up in cash a capital stock of not less than two hundred twenty-five thousand dollars if it transacts both a commercial and trust business; and paid up in cash a capital stock of not less than two hundred twenty-five thou- sand dollars if it transacts both a savings and trust business; and paid up in cash a capital stock of not less than two hundred twenty-five thousand dollars if it transacts a commercial, savings and trust business. Such capital stock shall be increased from time to time in the same manner and to the same extent as provided for in section nineteen of this act. Certificate for each department required. Sec. 24. Every bank, before it commences to do business or before it opens a new department and commences to transact business in or under such new department, shall obtain the certificate of the superin- tendent of banks for the opening of each of the departments specified. Each certificate herein provided for shall be given when the superin- tendent shall, by the examination required by this act, have satisfied himself that the proper amount of cash has been paid in as capital and 28G4 APPENDIX. the provisions of this act complied with. The applicant shall pay for such certificate a fee of fifty dollars. Department money reserve. Deposits, transfer of to other departments. Sec. 25. Every bank shall maintain for each department a lawful money reserve equal in amount to that required by this act for the respective business conducted, and shall keep separate and distinct the lawful money reserve of any department from that of anj^ other depart- ment; and all deposits made with other banks, whether temporary or otherwise, shall be assets of the respective departments by which they were made, and shall be so carried on the books of such other banks, and shall be repaid only upon the order of the department to whose credit they stand. No department shall receive deposits of any other department of the same corporation; provided, however, that any bank having departments shall have the right to sell and transfer any bonds, securities or loans from one department to another upon receipt of the actual value thereof, if such bonds, securities or loans are a legal investment for the depart- ment purchasing the same under the provisions of this act. Books of account to be kept separate. Sec. 26. Every bank having different departments shall keep separate books of account for each department of its business, and shall be gov- erned as to all deposits, reserves, investments and transactions relating to each department by the provisions in this act specifically provided for the respective kind of business. It shall keep all investments relating to the savings department en- tirely separate and apart from the investments of its other department or departments. Every bank shall conduct the business of all its departments in one building, or in adjoining buildings, and shall keep entirely separate and apart in each department the cash, securities and property belong- ing to such department, and shall not mingle the cash, securities and property of one department with that of another. Depositors, security for. Sec. 27. All money belonging to each department, whether cash on hand or with other banks, and the investments made, shall be held solely for the repayment of the depositors in said department, until all depositors of such department shall have been paid, and the overplus then remaining shall be applied to the other liabilities of such bank. Window-signs, must contain, what. Sec. 28. Every individual, firm or corporation doing a banking busi- ness in this state must, on all its window-signs and in advertising, and on letter-heads and other stationery on which its business is transacted, use the word "savings" if it conducts a savings busi-ness, or the word "trust" if it conducts a trust department, and the word "commercial" if it conducts a commercial department. BANKING. 1865 Non-stock corporations heretofore created. Sec. 29. Every corporation heretofore created nnder the laws of this state, doing a banking business therein, and which has no capital stock, may elect to have a capital stock, and may issue certificates of stock therefor, in the same manner as corporations formed under the provisions of part IV, title I, chapter I, article I, of the Civil Code, relating to the formation of corporations; provided, that no such corporation shall use or convert any moneys or funds theretofore belonging to it, or under its control, into capital stock; but such funds or moneys must be held and managed only for the purposes and in the manner for which they were created. Before such change is made, a majority of the members of such corporation present at a meeting called for the purpose of considering the proposition whether it is best to have a capital stock, its amount, and the number of shares into which it shall be divided, must vote in favor of having a capital stock, fix the amount thereof, and the number of shares into which it shall be divided. No- tice of the time and place of holding such meeting, and its object, must be given by the president of such corporation by mailing notice of such meeting to each member of such corporation at his last known post- office address at least ten days prior to the day fixed for such meeting, and by publication in some newspaper printed and published in the county, or city and county, in which the principal place of business of the corporation is situated, at least once a week for three successive weeks prior to the holding of the meeting. A copy of the proceedings of this meeting, giving the number of persons present, the votes taken, the notice calling the meeting, the proof of its publication, the amount of capital actually subscribed, and by whom, all duly certified by the president and secretary of the corporation, must be filed in the office of the secretary of state and clerk of the county where the articles of incorporation are filed. Thereafter such corporation is possessed of all the rights and powers, and is subject to all the obligations, restrictions, and limitations, as if it had been originally created with a capital stock. Safe deposits. Sec. 30. Any bank may conduct a safe-deposit department, but shall not invest more than one tenth of its capital and surplus in such safe- deposit department. Sale of assets. Agreement of sale and purchase, to contain what. Sec 31. Any bank may sell the whole or any portion of its assets to any other bank which may purchase its assets after obtaining the con- sent of the stockholders of the selling and of the purchasing bank hold- ing of record at least two thirds of the issued capital stock of each of such corporations; such consent to be expressed either in writing executed and acknowledged by such stockholders and attached to the instrument of sale, or to a copy thereof, or by vote at a stock- holders' meeting of such banks called for that purpose. The selling and purchasing banks maj' for such purposes enter into an agreement of sale and purchase, which agreement shall contain all the 18GG APPENDIX. terms and conditions connected with the sale and purchase of its as- sets. Such agreement shall contain proper provision for the payment of liabilities of the selling bank, and in this particular shall be subject to the approval of the superintendent of banks; and shall not be valid until such approval is obtained. Such agreement may contain provisions for the transfer of all deposits to the purchasing bank, subject, however, to the right of every depositor of the selling bank to withdraw his de- posit in full on demand after such transfer, irrespective of the terms under which it was deposited with the selling bank. Trust funds. Sec. 32. Any bank receiving trust funds in accordance with the pro- visions of this act relating to trust companies must not mingle such trust funds with the other assets of the corporation, and such funds shall not be carried or counted as any part of the lawful reserve pro- vided for in this act. The officers of any bank who knowingly violate or consent to the violation of this provision shall be guilty of a felony. Officers not to borrow funds. Sec. 33. No officer or employee of any bank shall, directly or indi- rectly, for himself or as the partner or agent of others, borrow any of the deposits or other funds of such bank, nor shall he nor any director become an indorser or surety for loans to others nor in any manner be obligor for monej's borrowed or loaned by such bank. The office of any officer or employee who acts in contravention of the provisions of this section shall immediately become vacant, and he shall be guilty of a misdemeanor. Capital stock, purchase of. Sec. 34. No bank shall purchase or invest its capital or money of its depositors, or any part of cither, in the shares of its own capital stock; nor loan its capital or the money of its depositors, or any part of either, on the shares of its own capital stock, unless such purchase or loan shall be necessary to prevent loss on debts previously contracted in good faith. Stock thus purchased or carried shall, within six months from the time of its purchase, be sold or disposed of at public or private sale. The officers of any bank who knowingly violate or consent to the vio- lation of this provision shall be guilty of a felony. Mortgages, restrictions on purchase of. Sec. 35. No director, or officer, or employee, or controlling stook- holder of any bank shall, directly or indirectly, for himself or as the partner or agent of others, sell or transfer, or cause to be sold or trans- ferred to the bank of which he is a director, officer, emijloyee, or con- trolling stockholder, any mortgage on real estate or contract arising from the sale of real estate made by any corporation or syndicate in which such director or officer, or employee, or controlling stockholder is BANKING. 1867 personally or financi.illy interested, without the consent in writing of the superintendent of banks. Any director, or officer, or employee, or controlling stockholder of any bank who knowingly violates or consents to the violation of this pro- vision shall be deemed guilty of a felony. Bonds, purchase of. Sec. 30. No bank receiving deposits of money shall purchase, agree to purchase, underwrite or guarantee any bond issue in excess of five per centum of its assets, except bonds of the United States, of the state of California, of the cities, cities and counties, counties or school dis- tricts of this state. Shares of corporations. See. 37. No bank shall purchase, or invest its capital or money of its depositors, or any part of either, in shares of corporations, unless such purchase shall be necessary to prevent loss on debts previously con- tracted in good faith, and stock thus purchased or carried shall, within six months from the time of its purchase, be sold or disposed of at public or private sale, unless permission to hold said stock for a longer period shall be obtained from the superintendent of banks. The ofiieers of any bank who knowingly violate or consent to the violation of this provision shall be deemed guilty of a felony. Penal liabilities of directors and employees. Sec. 38. A director, officer, agent or employee of any bank who, First — Knowingly receives or possesses himself of any of its prop- erty otherwise than in payment for a just demand, and with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in its books and accounts; or, Second — Concurs in omitting to make any material entry thereof; or. Third — Knowingly concurs in making or publishing any written re- port, exhibit or statement of its affairs or pecuniary condition contain- ing any material statement which is false; or. Fourth — Having the custody or control of its books, willfully refuses or neglects to make any proper entry in the books of such corporation as required by law, or to exhibit or allow the same to be inspected and extracts to be taken therefrom by the superintendent of banks, his chief deputy or any of his examiners, shall be guilty of a felony. Same. Sec. 39. Any officer, director, agent, teller, clerk or employee of any bank who either, First — Knowingly overdraws his account with such bank, and thereby obtains the money, notes or funds of any such bank; and, Second — Asks or receives or consents or agrees to receive any com- missions, emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, for procuring or endeavoring 1868 APPENDIX. to procure for any person, firm or corporation any loan from, or the purchase or discount of any paper, note, draft, check or bill of exchange, by such bank, or for permitting any person, firm or corporation to over- draw any account with such bank, is guilty of a felouA\ Stockholders' liability, waiver of. Sec. 40. No bank mentioned in this act shall make any contract with any of its depositors whereby the stockholders' liability provided for by the constitution of this state is in any manner waived, and if any such contract shall be so made, such contract shall be void. Purchase of obligations. Sec. 41. No director, ofiicer, agent, or servant of any bank shall, di- rectly or indirectly, for his own personal benefit, purchase or be inter- ested in the purchase of any of the obligations of said bank for a less sum than shall appear upon the face thereof. Purchase of assets. Sec. 42. No director, ofiicer, agent, or servant of any bank shall, di- rectly or indirectly, for his own personal benefit, purchase or be inter- ested in the purchase of any of the assets of said bank, for a less sum than the current market value thereof. Every person violatiiig the pro- visions of this subdivision shall be guilty of a misdemeanor. Deposits in other banks. Sec. 4.3. No bank shall deposit any of its funds with any other bank, unless such other bank has been designated as a depositary for its funds by the vote of a majority of the directors or trustees of the bank mak- ing the deposit, exclusive of the vote of any director or trustee who is an ofiicer, director or trustee of the depositary so designated. Loans on bank stock. Sec. 44. No bank shall hereafter make a loan secured by the stock of another bank, if by making such loan the total stock of such other bank held by such loaning bank as collateral will exceed in the aggre- gate ten per centum of the capital stock of such other bank; provided that no loan upon the capital stock of any bank shall be made unless such bank has been in existence for two or more years and has earned and paid a dividend upon its capital stock. Interest unpaid. Sec. 45. Interest unpaid, although due or accrued, on debts owing to any bank, shall not be included in calculation of its profits previous to a dividend. Loans on bonds. Sec. 46. No bank shall invest or loan more than five per centum of its assets in any one bond issue, except bonds of the United States, of the state of California, of the counties, cities and counties, cities or school districts of this state. BANKING. 18G9 Loans on realty. Sec. 47. No bank shall make any loan on real estate except it be a first lien, but this provision shall not prevent the aeccjitance of a sec- ond lien to secure the payment of a debt previously contracted in good faith. National banks, examination of. Sec. 48. Any national bank of this state receiving the deposits of banks organized and conducting business undew this act, must, at the request of the superintendent of banks, submit to an examination by him, or his duly appointed examiners, should the superintendent of banks in his discretion deem it necessary or desirable that such examination be made; and the expense of sucji examination shall be paid by such national bank; and if any such national bank sliall refuse to permit such examination to be made by the superintendent of banks, then the superintendent of banks shall notify in writing any and all banks de- positing its funds with such national bank, to withdraw its deposits therefrom, and such bank shall comply with such order, and failure so to do shall be a misdemeanor. Savings banks, advertising as. See. 49. It shall not be lawful for any commercial bank, individual banker, trust company, association, firm, stock company, or corporation, to advertise or put forth a sign as a savings bank, either directly or indirectly, or in any way to solicit or receive deposits as a savings bank, except in the case of savings banks or banks having a savings department, subject to the provisions of this act. Posting of certificate. Sec. 50. Every bank shall post in a conspicuous place in its banking- room the last certificate obtained from the superintendent of banks, as provided for in section 127 of this act. Every bank that fails to com- ply with the provisions of this section is guilty of a misdemeanor. Deposits by order of court. Sec. 51. Any court having appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary or trus- tee, upon the application of such executor, administrator, guardian, as- signee, receiver, depositary or trustee, or upon the application of any person having an interest in the estate administered upon by such offi- cer or trustee, after notice to other parties in interest as the court may direct, and after a hearing upon such application, may authorize such officer or trustee to deposit any money then in his hands as such officer or trustee or which may thereafter come into his hands, and until the further order of the court, in any bank organized under the laws of the state of California; and upon such deposit being made, the officer or trustee so depositing the same shall thereafter and while such moneys remain on deposit in such bank, be relieved and discharged from all liability and responsibility therefor, and the bond required of such offi- 1870 APPENDIX. cer or trustee given upon his appointment shall be thereupon by said court reduced to such an amount as the court may deem reasonable; Buch deposit shall be repaid only upon the orders of said court, and shall be a preferred claim against such bank and be paid in full before any other dej^ositor of such bank shall have been paid. ARTICLE II. * Savings Banks. § 60. Capital required. § 61. May hold what property. May hold what securities. Restrictions. § 62. Deposits, debts other than for. Exchange, rate of. SecuiiLies, hypotheca- tion of. § 63. Certificates of deposit, issue of. Time certificates. § 64, Conditions of payment to depositors. Reserve fund. § 65. Directors, borrowing by, forbidden. § 66. "Creation of debt" defined. § 67. Loans, limit on and security for. § 68. Lawful reserve; deposits with commercial banks. § 69. Savings banks to be conducted under provisions of this act. Capital required. Sec. 60. Every savings bank must have actually paid in a capital stock of not less than twenty-five thousand dollars, or, if organized without capital stock, a reserve fund of at least one million dollars and until said sum of twenty-five thousand dollars or said sum of one million dollars shall be actually paid in, the superintendent of banks shall re- fuse to issue the certificate required by this act; provided that nothing herein shall be construed to affect the provisions of section twenty- three of this act relative to the capital stock required of banks doing a departmental business. May hold what property. May hold what securities. Restrictions. Sec. 61. Savings banks may purchase, hold and convey real and per- sonal property as follows: 1. The lot and building in which the business of the bank is carried on; such lot and building shall not cost the savings bank an amount exceeding its capital and surplus; and the authority of a two-thirds vote of a full board of directors shall be necessary to authorize the purchase or construction thereof. 2. Such as may have been mortgaged, pledged, or conveyed to it in trust for its benefit in good faith, for money loaned in pursuance of the regular business of the corporation. 3. Such as may have been purchased at sales under pledges, mort- gages or deeds of trust made for its benefit for money so loaned, and such as may be conveyed to it by borrowers in satisfaction and dis- charge of loans made thereon. No savings bank shall purchase, hold, or convey real estate in any other case or for any other purpose; and all real estate described in subdivision 3 of this section must be sold by the bank within ten years BANKING. 1871 after the title thereto is vested in it by purchase or otherwise, unless permission to hold said real estate for a longer period be given by the superintendent of banks in writing. Parcels of real estate not sold within ten years, or extension of said period as above provided, may be purchased by any persons or parties wanting them, at the price to be determined by arbitration of three persons appointed by the superior court as appraisers, at the request of the would-be purchaser. No savings bank shall purchase, own, or sell personal property, ex- cept such as may be requisite for its immediate accommodation for the convenient transaction of its business, and mortgages on real estate, bonds, securities or evidences of indebtedness, public or private, gold and silver bullion and United States mint certificates of ascertained value, and evidences of debt issued by the United States. No savings bank shall purchase, hold or convey bonds, securities or evidences of indebtedness, public or private, except as follows: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith of the United States is pledged for the payment of interest and principal. (b) Bonds of this state. (c) Bonds of any state in the United States that have not, within five years previous to making such investment by such bank, defaulted in the payment of any part of either principal or interest thereof. (d) Bonds of any city, county, city and county, town, township or school district of this state. (e) Bonds of any city, town or county which has in each case, at the time of the investment, more than twenty thousand inhabitants, as ascertained by the United States or state census made next preceding such investment, in any of the states of the United States, other than in the state of California, issued pursuant to the authority of any law of such states; provided, the entire bonded indebtedness of such city or county or town shall not exceed five per centum of the assessed value of the taxable property therein, including the issue of bonds in which said investment is made as shown by the last assessment preceding the investment; and provided, further, that such city, town or county or state in which it is situated has not defaulted in the payment of any part of either principal or interest thereon within five years previous to making such investment. (f) First-mortgage or underlying bonds of any steam-railway, the in- come of which is sufficient to pay all operating expenses and fixed charges, and which is completed and operated, wholly or in part, in any of the states of the United States. (g) Bonds of street-railroads, water, light, light and power, gas, and other public utility and industrial corporations. All bonds authorized for investment by this section shall be secured by a mortgage or trust deed, which is, at the time of making such investment, (1) a first or auderlying mortgage or trust deed of the corporatioii issuing said bonds, or (2) a refunding mortgage or trust deed used to retire all prior lien mortgage debts of said corporation, outstanding at the time of making 1872 APPENDIX. eaid investment; provided, that the income of such corporation is suflfi- cient to pay all operating expenses and fixed charges and such income shall have been so sufficient for the term of three years preceding the issuance of such bonds, or that payment of its said bonds have been guaranteed by a corporation that has paid all its operating expenses and fixed charges for a period of three years prior to guaranteeing the payment of such bonds. (h) First-mortgage bonds or deeds of trust issued by real estate cor- porations; provided, that said bond issue shall not exceed sixty per centum of the market value of the real estate taken as security. No savings bank shall purchase the bonds of any corporation or make a loan on the bonds of any corporation, if the franchise of such cor- poration expires prior to the maturity of its bonds, or if the franchise or special privilege granted to such corporation by any city, county, or city and county, expires before the maturity of such bond issue. Deposits, debts other than for. Exchange rate of. Securities, hypothe- cation of. Sec. 62. No savings bank shall, directly or indirectly, deal or trade in real or personal property in any other case or for any other purpose than is authorized by this act, and shall not contract any debt or lia- bility for any purpose whatever other than for deposits, except as in this section provided. Saviugs banks may pay regular depositors, when requested by them, by draft upon deposits to the credit with their banks, and charge cur- rent rate of exchange for such drafts. No savings bank shall borrow money, or pledge or hypothecate any of its securities, except to meet the immediate demands of its own de- positors, and then only in pursuance of a resolution adopted by a vote of a majority of its board of directors, duly entered upon their minutes, wherein shall be recorded the ayes and nays upon each vote; also with the written approval of the superintendent of banks, and he shall have the authority to fix the amount to be borrowed, and the term and rate of interest thereon; provided, however, that savings banks may, in the manner authoi-ized by law, and without the written approval of the superintendent of banks, borrow the public monej^s of the state, coun- ties, cities and counties, and towns and receive such public moneys on deposit. Certificates of deposit, issue of. Time certificates. Sec. 63. Savings banks may issue general certificates of deposit, which are transferable, as in other cases, by indorsement and delivery; may issue, when requested by the depositor, special certificates, ac- knowledging the deposit by the person therein named of a specified sum of money, and expressly providing on the face of such certificate that the sum so deposited and therein named may be transferred only on the books of the bank; payment thereafter made by the bank to the de- positor named in such certificate, or to his assignee named upon the books of the bank, or in case of death, to the legal representative of BANKING. 1873 Buch person, of the sum for which such special certificate was issued, shall d-iseharge the bank from all further liability on account of the money so paid. All time certificates of deposit, issued by a savings bank, shall be subject to the same limitations and conditions as applied to other de- posits, and notice thereof shall be given by the words "Subject to con- ditions of agreement with depositors" printed on the face of the certificate issued. Conditions of payment to depositors. Reserve fund. Sec. 64. Savings banks may prescribe by their by-laws, or by con- tract with depositors, the time and conditions on which repayment is to be made to depositors, except as in this act otherwise prohibited; but whenever there is any call by depositors for repayment of a greater amount than the bank may have disposable for that purpose, the direc- tors or officers thereof must not make any new loans or investments of the funds of the depositors, or of earnings thereof, until such excess of call has ceased. The directors of any such bank, having no capital stock, must retain, on each dividend-day, at least ten per centum of the net profits of the bank, to constitute a reserve fund, which must be invested in the same manner as other funds of the bank, and must be used toward paying any losses which the bank may sustain in pursuing its lawful business". The bank may provide by its by-laws for the disposal of any excess in the reserve fund, as provided for in section 21 of this act, and the final disposal, upon the dissolution of the bank, of the re- serve fund, or of the remainder thereof, after payment of losses. Directors, borrowing by, forbidden. Sec. 65. No director, or officer of any savings bank must, directly or indirectly, for himself or as the partner or agent of others, borrow any of the deposits or other funds of such bank, nor must he become an' indorser or surety for loans to others, nor in any manner be obligor for moneys borrowed of or loaned by such bank. The office of any di- rector or officer who acts in contravention of the provisions of this sec- tion immediately thereupon becomes vacant, and every director or officer authorizing or consenting to such loan, and the person who receives such loan, shall severally be guilty of a misdemeanor. "Creation of debt" defined. Sec. 66. Eeceiving deposits, issuing certificates of deposit, checks, and bills of exchange, and the like, in the transaction of the business of savings banks, must not be construed to be the creation of debt within the meaning of the phrase "create debt" in section three hun- dred and nine of the Civil Code and as provided for in this act. Loans, limit on and security for. ■ Sec. 67. 1. No savings bank shall loan money except on adequate security of real or personal property, and no Buch loan shall be made Gen. Laws — 115 1874 APPENDIX. for a period longer than ten years; provided that no loans shall be made on unsecured notes. 2. No savings bank shall invest or loan more than five per centum of its assets on any one bond issue, except bonds of the United States, of the state of California, of the counties, cities and counties, cities or school districts of this state. 3. No savings bank shall loan money to exceed ninety per centum of the market value of bonds specified in subdivisions (a), (b), (c) and (d) of subdivision three of section sixty-one of this act, and no more than eighty-five per centum of the market value of bonds specified in subdivision (e) of subdivision three of section sixty-one of this act, and no more than seventy-five per centum of the market value of bonds specified in subdivisions (f) and (g) of subdivision three of section sixty-one of this act, and no more than sixty-five per centum of the market value of personal property and stocks of corporations or banks; provided, however, that no loan shall be made upon the capital stock of any corporation or bank unless such corporation or bank has been in existence for two or more years and has earned and paid a dividend on its capital stock. 4. No savings bank shall make any loan on the security of real estate except it be a first lien and in no event to exceed sixty per centum of the market value of any piece of real estate to be taken as security, except for the purpose of facilitating the sale of property owned by the savings bank; provided, that a second lien may be accepted to secure the repayment of a debt previovisly contracted in good faith. 5. No savings bank shall purchase, invest or loan its capital or the money of its depositors, or any part of either, in mining shares or stock. 6. No savings bank shall hereafter make a loan secured by the stock of another bank, if by making such loan the total stock of such other bank held by such loaning bank as collateral will exceed in the aggre- gate ten per centum of the capital stock of such other bank. Any president or managing ofiicer who knowingly consents to a viola- tion of the above provisions shall be deemed guilty of a felony. Lawful reserve. Deposits with commercial banks. Sec. TiS. Savings banks must carry in cash, or its equivalent, an amount equal to four per centum of its deposit liabilities, of which two per centum of such liabilities shall be in coin or currency of standard value in its own keeping. The amount thus carried shall be called the lawful money reserve. No new loan shall be made during any deficiency in the lawful money reserve. Deposits with commercial banks and trust companies, on open account, to facilitate business transactions, as provided in this section, shall be permitted, and shall not be construed as loans. Not more than five per centum of the deposits of any savings banls shall be deposited with any one bank. BANKING. 1875 Savings Ibsuiks to be conducted under provisions of this act. See. G9. Every saviugs bank, and the business of every savings de- partment of every other bank, must be conducted under and in accord- ance with the provisions of this act. ARTICLE HI. Commercial Banks. I 80. Loans, limit of. § 81. Loans; securities of corporations. § 82. Capital paid up required. § 83. Loans to directors. Monthly reports. Loans, limit of. Sec. SO. No commercial bank shall make any loans to any person, coiiii>any, corporation or firm to an amount exceeding one tenth part of the capital stock of such bank actually paid in aud surplus; provided, however, that a bank may loan to any person, company, corporation or firm a sum not exceeding twenty-five per centum of its capital stock actually paid in and surplus upon security worth at least fifteen per centum more than the amount of its loans; or it may loan ten per centum of such capital and surplus as first above provided, and a fur- ther sum not exceeding fifteen per centum of such capital and surplus upon security worth at least fifteen per centum more than the amount of such loan so secured; except that a commercial bank may buy from, or discount, for any person, company, corporation or firm, or loan upon bills of lading, warehouse-receipts and bills of exchange, drav/n in good faith against actual existing value or against commercial or business paper actually owned by the person negotiating the same. Loans; securities of corporations. Sec. 81. No loan shall be made by any commercial bank upon the securities of one or more corporations, the payment of which is under- taken, in whole or in part, severally, but not jointly, by two or more individuals, firms, or corporations: (a) If the borrowers or underwriters be obligated absolutely or con- tingently to purchase the securities, or any of them, collateral to such loan, unless the borrowers or underwriters shall have paid on account of the purchase of such securities an amount in cash, or its equivalent, equal to at least twenty-five per centum of the several amounts for which they remain obligated in completing the purchase of such securi- ties; (b) If the commercial bank making such loan be liable, directly or indirectly, or contingently, for the repayment of such loan or any part thereof; (c) If its term, including any renewal thereof by agreement, express or implied, exceed the period of one year; (d) Or to an amount under any circumstances in excess of twenty- five per centum of the capital and surplus of the commercial bank mak- ing such loan. 1876 APPENDIX. Capital paid up reqiured. See. 82. Every commercial bank which is row transacting, or which may hereafter transact business, shall have actually paid iu a capital stock of not less than twenty-five thousand dollars; and until said sum of twenty-five thousand dollars shall be actually paid in, the superin- tendent of banks shall not issue the certificate required by section twenty-four of this act; provided that nothing herein shall be construed to affect the provisions of section twenty-three of this act relative to the capital stock required of banks doing a departmental business. Loans to directors. Monthly reports. Sec. 83. No commercial bank shall loan any of its funds to any of its directors unless such loan shall first have been approved by a two- thirds vote of its board of directors, on which vote the borrowing di- rector shall not participate, and the fact of making such loan, the name of the director borrowing the same, the time when the same shall become due, the rate of interest thereon, and the amount, value, and character of the security pledged therefor, if any, shall be forthwith forwarded by the cashier of such bank to the superintendent of banks; and if the superintendent of banks shall disapprove of such loan, he shall immediately notify such bank of his disapproval thereof, and such bank shall forthwith collect such loan; provided, however, that the total loans to all directors of such bank shall not at any one time exceed thirty per cent of the capital and surplus of such bank; and provided, further, that each bank having any loan or loans outstanding to any of its directors shall once each month report in writing to the superin- tendent of banks the name of each director to whom such loan is made, the amount of such loan, the rate of interest thereon, the time when the same shall fall due, and the security pledged therefor, if any. Any of- ficer or director of any commercial bank violating any of the provisions of this section shall be guilty of a felony. ARTICLE IV. Trust Companies. § 90. Execution of trusts. Compensation for services. § 91. Deposits by order of court. § 92. Public administrators, deposits by. § 93. Executors, etc., deposits by. § 94. Responsibility for investments. § 95. Interest. § 96. Deposit with state treasurer. § 97. May mortgage realty to state treasurer. § 98. Interest on state deposits. Liability of state. § 99. Abstracts of titles, deposit of. $100. Paid-up capital required. § 101. Report of trusts held. § 102. Retirement from business. § 103. Confidential communications, disclosures of. § 104. Word "trust" prohibited, to whom. Effect of use of word "trust." § 105. Investments, laws governing. § 106. Banking business, requirements for doing. BANKINa. 1877 Execution of trusts. Compensation for services. Sec. 90. Any corporation which has been or shall be incorporated under the general incorporation laws of this state, authorized by its articles of incorporation to act as executor, administrator, guardian, as- signee, receiver, depositary or trustee, and having a capital of not less than two hundred thousand dollars actually paid in, in cash, may be apipointed to act in such capacity in like manner as individuals and shall be known as a trust company. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depositary or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such cor- poration if such oath shall be taken and subscribed or such affidavit made by the president or secretary or manager or trust officer thereof, and such officer shall be liable for the failure of such trust company to perform any of the duties required by law to be performed by indi- viduals acting in like capacity and subject to like penalties; and such' trust company shall be liable for such failure to the full amount of its, capital stock; provided, any such appointment as guardian shall apply to the estate only, and not to the person. Such trust company shall be entitled to and shall be allowed proper compensation for all the ser- vices performed by them under the foregoing provisions of this act; but such compensation shall not exceed that allowed to natural persons for like services. Deposits by order of court. Sec. 91. Any court, having appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary, or trus- tee, upon the application of such officer or trustee, or upon the applica- tion of any person having an interest in the estate administered by such officer or trustee, after notice to the other parties in interest as the court may direct, and after a hearing upon such application, may authorize such officer or trustee to deposit any moneys then in his hands, or which may come into his hands thereafter, and until the further order of said court, with any such trust company; and upon deposit of such money, and its receipt and acceptance by such trust company, the said officer or trustee shall be discharged from further care or responsi- bility therefor. Such deposits shall be paid out only upon, the orders of said court. Public administrators, deposits by. Sec. 92. It shall be lawful for any public administrator to deposit with any trust company having not less than two hundred thousand dollars paid-up capital, doing business in the county, or city and county, in which he is acting as such administrator, any and all moneys of any estate upon which he is administering, not required for the current expenses of the administration; provided that such corporation deposit with the state treasurer the securities required by this act. Such de- posits shall relieve the public administrator from depositing with the county treasurer the moneys so deposited with such corporation. Moneys so deposited by a public administrator may be drawn, upon the order of 1878 APPENDIX. such administrator, countersigned by a judge of a superior court, when required for the purpose of administration, or otherwise. Executors, etc., deposits by. Sec. 9.3. Whenever, in the judgment of any court having jurisdiction of any estate in process of administration by any executor, adminis- trator, guardian, assignee, receiver, depositary, or trustee, and after such notice to the p.irties in interest as the court shall direct, and after a hearing on such application, the said court may order the said oflfi- cer or trustee to deposit with any such trust company, for safe-keeping, such portion or all of the personal assets of said estate as it shall deem proper; and thereupon said court shall, by an order of record, reduce the bond to be given or theretofore given by such officer or trustee, so as to cover only the estate remaining in the hands of said officer or trustee; and the property as deposited shall thereupon be held by such trust company, under the orders and directions of said court. Any court having jurisdiction of an estate being administered by a pub- lie administrator, may direct such public administrator to deposit all or any part of the moneys of the estate not required for the current expenses of the administration, with any such trust company doing business in the county, or city and county, where such public adminis- trator is acting. Responsibility for investments. Sec. 94. Such trust company shall not be required to give any bond or security in case of any appointment hereinbefore provided for, ex- cept as hereinafter provided, but shall be responsible for all invest- ments which shall be made by it of the funds which may be intrusted to it for investment by such court, and shall be liable as natural per- sons in like positions now are, and as hereinafter provided. Interest. Sec. 95. Such trust company shall pay interest upon all moneys held by it as trustee, by virtue of this act, at such rate as may be agreed upon at the time of its acceptance of any such appointment, or as shall be provided by the order of the court. Deposit with state treasurer. See. 96. Each trust company, before accepting any such appointment or deposit, shall deposit with the treasurer of state, for the benefit of the creditors of said trust company, the sum of one hundred thousand dollars ($100,000), in bonds of the United States, or municipal bonds of this state, or of any county, or city, city and county, or school dis- trict thereof, or in mortgages on improved and productive real estate in this state, being first liens thereon, and the real estate being worth at least twice the amount loaned thereon; said bonds or mortgages to be approved by the superintendent of banks. The bonds and securities so deposited may be exchanged from time to time for other securities, receivable as aforesaid. Said bonds of the United States, or municipal BANKING. 1879 bonds of this state, or of any county, city, city and county, or school district thereof, to be registered in the name of said treasurer, officially, and all said securities to be subject to sale and transfer, and to the disposal of the proceeds by said treasurer, only on the order of a court of competent jurisdiction and as hereinafter provided. The state shall be responsible for the safe return of such securities deposited with the treasurer of the state under this section. May mortgage realty to state treasurer. Sec. 97. Any such trust company, having a paid-up capital in excess of two hundred thousand dollars, may be permitted by the superin- tendent of banks to mortgage any improved and productive real estate owned by it, in excess of said amount, to the treasurer of state, for such sum as the said superintendent of banks may determine, and such mortgage may be deposited with said treasurer, and when so deposited it shall be included in the amount of securities hereinabove required to be deposited with said treasurer for the benefit of the creditors of said trust company. Interest on state deposits. Liability of state. Sec. 98. So long as the trust company so depositing sTiall continue solvent, it shall be permitted to receive from said treasurer the interest or dividends on said deposits, and whenever any trust company receives trust funds as such trustee in excess of five hundred thousand dollars, it shall deposit with the state treasurer securities mentioned in section 96 of this act, to be approved by the superintendent of banks, in the amount of another one hundred thousand dollars, and for each five hun- dred thousand dollars of such trust funds thereafter received, an addi- tional deposit of fifty thousand dollars of such securities likewise approved shall be made with the said state treasurer; provided, how- ever, that no trust company shall be required to deposit more than one million dollars of such securities. The state shall be responsible for the safe return of such securities deposited with the treasurer of the state under this section. Abstracts of titles, deposit of. Sec. 99. When any part of such deposit with the state treasurer is made in bonds and mortgages, it shall be accompanied by full abstracts of titles and searches, or by certificates of title issued by a person, company or corporation, whose business or objects are to make searches of titles and issue certificates of titles, and which said person, company or corporation shall be one designated or approved by said superin- tendent of banks, and shall be examined and approved by or under the direction of the said superintendent of banks. The fees for an exam- ination of title by counsel to be paid by the trust company making the deposit, shall not exceed twenty dollars for each mortgage, and the fee for each appraiser, not exceeding two, besides expenses, shall be five dollars for eaeh mortgage. 1880 APPENDIX. Paid-up capital required. Sec. 100. Before the superintendent of banks issues his certificate to any trust company, there must be filed in his office the affidavit of a majority of its board of directors or the persons named in said articles as the first directors of the corporation that at least two hundred thou- sand dollars of the capital stock has actually been subscribed and paid in to a person named in such affidavit for the benefi.t of the corpora- tion. Report of trusts held. Sec. 101. On making the report required by the terms of this act, every trust company shall, in addition to the other facts to be reported on, furnish a list and brief description of the trusts held by such cor- poration, the source of the appointment thereto, and the amount of real and personal estate held by such trust company by virtue thereof; ex- cept that mere mortgage trusts, wherein no action has been taken by such corporation, shall not be included in such statement. Retirement from business. Sec. 102. Any trust company which desires to retire from business under this act, shall furnish to the superintendent of banks satisfactory evidence of its release and discharge from all the obligations and trusts hereinbefore provided for; whereupon he shall revoke his certificate to such trust company, and thereupon the treasurer of state shall return to said trust company all its securities. Confidential communications, disclosures of. Sec. 103. Except as herein otherwise provided, any trust company exercising the powers and performing the duties provided for in this act, shall keep inviolate all communications confidentially made to it touching the existence, condition, management and administration of any trusts confided to it; and no creditor or stockholder of any such trust company shall be entitled to disclosure of any such communica- tion; provided, however, that the president, manager and secretary of such trust company shall be entitled to knowledge of such communica- tion; and provided, further, that in any suit or proceeding touching the existence, condition, management or administration of such trust, the court wherein the same is pending may require disclosure of any such communication. Word "trust" prohibited to whom. Effect of use of word "trust." Sec. 104. The use of the word "trust" in combination with or in con- nection with the word "company," "corporation," "incorporation," "asso- ciation," "society," "organization," or "syndicate," is hereby prohibited to all persons, firms, associations, companies or corporations other than corporations provided for by this act. Every person, firm, association, company, or corporation which uses the word "trust" in combination with or in connection with the word "company," "corporation," "incor- poration," "association," "society," "organization," or "syndicate," as BANKING. 1881 the name under which business is done or transacted, shall be subject to the provisions of this act and to the supervision of the superintendent of banks. Any person, firm, association, company, or corporation mak- ing use of the word "trust" in combination or in connection with the word "company," "corporation," "incorporation," "association," "society," "organization," or "syndicate," in the manner hereinabove mentioned, in the transaction of business, and not subject to the provisions of this act and the supervision of the superintendent of banks, shall be guilty of a misdemeanor. No corporation hereafter formed shall use the word "trust" or "trus- tee" as a part of its corporate name unless it shall be authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depositary or trustee; nor shall any corporation hereafter formed accept or execute any trust mentionecl in this act, unless it shall have complied with the provisions of this act. Investments, laws governing. Sec. 105. Every trust company shall invest its capital and trust funds received by it in accordance with the laws relative to the invest- ment of funds deposited with savings banks, unless a specific agreement to the contrary is made between the trust company and the party creat- ing the trust. Banking business, requirements for doing. Sec. 106. Every trust company desiring to do or doing a commercial banking business or a savings bank business, or both, in addition to its trust business, shall have paid up in cash the capital as provided in section twenty-three of this act. Such capital for each such department shall be increased from time to time in the same manner and to the same extent as though such bank were conducting separate banks in- stead of separate departments. Every trust company doing a departmental business shall comply with the provisions of this act governing each of such departments as to its deposits, reserves, investments and loans. 1882 APPENDIX. ARTICLE V. State Banking Department. § 120. Superintendent, appointment and qualifications. Salary. Bond. § 121. Appointees. Employment of. Compensation of. Bond. § 122. Principal office. § 123. State banking fund, how created. Fund, where deposited. § 124. Inspection of banks. Powers of examiner. Foreiga banks. Doubtful securities. § 125. Examiner: oath of office of. § 126. Neglect of duty. § 127. Transaction of business, certificate required for. Fee. § 128. Stockholders, fitness of. Certificate of authorization. § 129. Reports. § 130. Same. § 131. Call for reports. § 132. Publication of statement. Shall show, what. § 133. Impairment of capital. § 134. Conduct of business in unsafe manner. Order to show cause. § 135. Rule governing action. § 136. Superintendent may take possession, when. Notice to debtors. Kesumptioa of business. Liquidation. § 137. Dissolution of bank. Escheat of unclaimed funds. § 138. Reports, failure to make. § 139. Directors of banks, duties of. Report of directors to contain, what. § 140. Report of superintendent to goveriior. § 141. Weekly bulletin to be posted by superintendent: items of. Bulletins, file of. § 142. Official reports, prima facie evidence. § 143. Neglect of duty by superintendent. § 144. Actions, duty of attorney-general, § 145. Construction of act. § 146. Conflicting laws repealed. § 147. Act takes effect when. Superintendent, appointment and qualifications. Salary. Bond. Sec. 120. There is hereby created a state banking department. The chief oflficer of such department shall be the superintendent thereof, and be known as the superintendent of banks. He shall be appointed by the governor, and shall hold his ofGce for a term of four years, or until his successor shall have been appointed and qualified. No per- son shall be appointed superintendent of banks who has not had active banking experience, either as executive officer or director of some com- mercial bank, savings bank or trust company, at least one half of which experience has been had in this state. He shall not, either directly or indirectly, be interested in any commercial bank, savings bank or trust company, or as an individual banker. He shall receive an annual sal- ary of ten thousand dollars, to be paid monthly out of the state treasury on a warrant of the controller. He shall, within fifteen days from the time of notice of his appointment, take and subscribe to the constitu- tional oath of office, and file the same in the office of the secretary of state, and execute to the people of the state a bond in the penal sum of fifty thousand dollars, with corporate surety or two or more sureties BANKING. 1883 to be approved by tlie governor of the state, conditioned for the faith- ful discharge of the duties of his oifice. Appointees. Employment of. Compensation of. Bond. See. 121. The superintendent of banks shall employ a chief deputy, attorney and such clerks and examiners as he may need to discharge in a proper manner the duties imposed upon him by law, none of which examiners or clerks or attorney shall be interested in any bank in this state as director, stockholder, officer or employee; they shall perform such duties as he shall assign to them. He shall fix the compensation of the attorney, clerks, and examiners, which compensation shall be paid monthly, on his certificate and on the warrant of the controller, out of the state treasury. The chief deputy shall, within fifteen days from the time of his appointment, take and subscribe to the constitu- tional oath of office, and file the same in the office of the secretary of state, and his compensation shall be four thousand dollars per annum; provided, however, that the total expenditure provided for in this act shall not exceed seventy-five thousand dollars per annum. No person shall be appointed a chief deputy who has not had at least three years' active banking experience, either as an executive officer or employee of some bank in this state. In ease of the absence or inabil- ity to act, or vacancy in the office of superintendent of banks for thirty consecutive days, the chief deputy shall execute to the people of the state a bond in the penal sum of fifty thousand dollars, with corporate surety or two sureties to be approved by the controller and treasurer of the state, conditioned for the faithful discharge of the duties of the superintendent w^hilc such deputy acts as superintendent, and upon filing such bond such deputy shall have all the power and duties of superintendent of banks, until the inability of the superintendent shall be removed, or until a new superintendent of banks shall have been appointed by the governor. No superintendent of banks, chief deputy or bank examiner shall be or shall become indebted, directly or indi- rectly, either as borrower, indorser, surety, or guarantor to any bank under his supervision or subject to his examination. Principal office. Sec. 122. The superintendent of banks shall have his principal office in the city of San Francisco, and may also have suitable rooms in the city of Los Angeles, wherein to conduct the business of the state bank- ing department. The superintendent shall, from time to time, obtain the necessary furniture, stationery, fuel, lights, and other proper con- veniences for the transaction of such business; the expense of which shall be paid out of the state treasury on the certificate of the superin- tendent and the warrant of the controller. State banking fund, lio-w created. Fund, where deposited. Sec. 123. A fund is hereby created, to be known as the state banking fund, and out of said fund shall be paid all the expenses incurred in and about the conduct of the business of the banking department, in- 1884 APPENDIX. eluding the salary of the superintendent, chief deputy, attorney, clerks and examiners, traveling expenses, furnishing of rooms and rent. Each bank shall pay annually its share of the total amount of the salaries and expenses of the banking department, to be determined by the pro- portion which the deposits of any such bank bear to the aggregate de- posits of all such banks receiving certificates of authorization from the superintendent of banks, as shown by the last report of such bank- to the superintendent of banks. All moneys collected or received by the superintendent of banks, under and by virtue of the provisions of this act, shall be by him de- livered to the treasurer of the state, who shall deposit the same to the credit of said banking fund, and the unexpended balances of all moneys heretofore paid into the state treasury by any of the bank commis- sioners .shall be retained and become a part of said fund. If any such bank shall fail to pay such charges as are herein required, the super- intendent shall forthwith cancel the certificate of said bank. Inspection of banks. Powers of examiner. Foreign banks. Doubtful securities. See. 124. Every bank shall be subject to the inspection of the super- intendent of banks. The superintendent of banks, the chief deputy, or some competent person or persons to be appointed by the superintendent of banks, to be known as examiners, shall visit and examine every bank, other than a savings bank, at least twice in each year, and every sav- ings bank at least once in each year. On every such examination inquiry shall be made by him as to the condition and resources of the bank, the mode of conducting and managing its affairs, the action of its directors, the investment and 'disposition of its funds, the safety and prudence of its management, the security afforded to those by whom its engagements are held and whether the requirements of its articles of incorporation and the law have been complied with in the adminis- tration of its affairs, and as to such other matters as the superintendent may prescribe. He shall have power in like manner to examine every bank whenever, in his judgment, its condition and management is such as to render an examination of its affairs necessary or expedient. He shall also have power to examine, or cause to be examined, every agency located in this state of any foreign bank or banking corporation, for the purpose of ascertaining whether it has complied with the laws of the state, and for such other purposes and as to such other matters as the superintendent may prescribe. The superintendent, chief deputy, and every such examiner shall have the power to administer an oath to any person whose testimony he may require on the examination of any bank, or on the examination of any agency of any foreign bank or banking corporation, and to compel ap- pearance and attendance of any such person for the purpose nf any such examination. The result of such examination shall be certified by the persons making the examination on the records of the bank ex- amined. BANKING. 1885 Whpn a bank shall have been examined by any examiner, and he finds securities therein which are, in his judgment, of doubtful value, he shall report the same to the superintendent of banks, who thereupon shall be authorized to employ appraisers to appraise said securities, at a com- pensation to be fixed by the superintendent of banks. Examiner: oath of olfice of. Sec. 125. Every examiner appointed by the superintendent of banks shall, before entering upon the discharge of his duties, take the consti- tutional oath of office and cause the same to be filed in the office of the secretary of state. No such examiner shall be appointed receiver of any bank whose books, papers and affairs he shall have examined pursuant to his appointment. Neglect of duty. Sec. 126. If the chief deputy or any examiner shall have knowledge of the insolvency or unsafe condition of any bank mentioned in this act, and that it is unsafe or inexpedient to permit said bank to continue business, and shall neglect to forthwith report such fact in writing over his signature to the superintendent of banks, he shall be guilty of felony. Transaction of business, certificate required for. Fee. Sec. 127. No bank shall transact any business in this state without the written approval of the superintendent of banks, and without his written certificate stating that it has complied with the provisions of this act, and with all the requirements of law, and that it is authorized to transact, within this state, the business specified therein, and that the requisite capital has been in good faith subscribed and paid up in cash or, if organized without capital stock that it has accumulated the requisite surplus or reserve fund. Before issuing such certificate the superintendent of banks shall examine, or cause an examination to be made, in order to ascertain whether the requisite capital of such bank has been paid up in cash or the requisite reserve or surplus fund has been accumulated. The superintendent of banks shall not authorize such bank to commence business until it appears from such examina- tion, or other evidence satisfactory to him, that the requisite capital has been, in good faith, subscribed and paid in in cash, or that the requisite surplus or reserve fund has been accumulated or paid in in cash, and until such bank shall have paid a fee of fifty dollars. Every person who neglects to comply with any requirement of this section shall be guilty of a misdemeanor. Stockholders, fitness of. Certificate of authorization. Sec. 128. When the articles of incorporation shall have been filed with the secretary of state, and application made for the issuance of a certificate to do business as a bank, the superintendent of banks shall ascertain, from the best sources of information at his command, whether the character ard general fitness of the persons named as stockholders 1886 APPENDIX. are such as to command tTie confidence of the community in which snch bank is proposed to be located, and, if so satisfied, he shall, within sixty days after such application has been made to him, issue, under his hand and official seal, the certificate of authorization required by this act. The superintendent of banks shall transmit such certificate of authorization to the county clerk of such county, who shall file the same; the superintendent of banks shall also file a duplicate of such certificate in his own office. Reports. Sec. 129. Every bank doing a departmental business shall render to the superintendent of banks for each department conducted by it, a separate report showing in detail as required by section one hundred thirty of this act, the actual financial condition of such department and shall at the time of furnishing said report separately publish the state- ment for each department as provided in section one hundred thirty- two of this act. Same. Sec. 130. Every bank doing business in this state shall, whenever re- quired by the superintendent of banks, make a report in writing to him, verified by the oath of its president and its secretary or cashier, or two principal officers. Such reports shall show the actual financial con- dition of the bank making the report, at the close of any past day specified by the superintendent, and shall specify the following: 1. The amount of its capital stock and the number of shares into which it is divided, or, if not incorporated, the amount of capital actually paid in, and by whom. 2. The names of the directors and the number of shares of stock held by each, or, if not incorporated, the names of each member of the firm and the amount of capital paid in by each. 3. The total amount of capital actually paid up in money, and the total amount of contingent and other reserve funds, if any. 4. The total amount due the depositors. 5. The total amount and character of any other liabilities it may have. 6. The amount at which the lot and building 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 which it stands debited on the bank books, in what counties situated, and in what name the title is vested, if not in the name of the bank itself. 7. The amount loaned on real estate, specifying 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 name other than that of the bank and the instru- ment creating the security does not itself disclose the name of the bank. 8. The amount invested in bonds, designating the name and amount of each particular kind. BANKING. 1887 9. The amount loaned on stocks and bonds, designating each particu- lar class and the amount thereof. 10. The amount of money loaned on other securities, with a particu- lar designation of each class and the amount loaned on each. 11. The actual amount of money on hand or deposited in any other bank or place, with the name of the place where deposited and the amount in each place. 12. Any other property held, or any amount of money loaned, de- posited, invested or placed, not otherwise herein enumerated, and the place where situate and the value of said property, and the amount so loaned, deposited or placed, and any other information he may request relative to the conduct and affairs of such bank. The oaths of the officers and 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 thing therein contained is true. Any willful false statement in the premises shall be perjury and shall be punished as sucli. Call for reports. Sec. 131. The superintendent of banks shall call for reports specified by the previous section, at least three times each year, and shall call for such reports as near as possible upon the same days as those desig- nated by the comptroller of the currency of the United States for re- ports of national banking associations. Publication of statement. Shall show, what. See. 132. At the time of furnishing such report to the superintendent of banks, every bank shall also publish a condensed statement of its financial condition, at least once, in some newspaper of general circula- tion, published in the city or town where its principal place of busi- ness is located, and, if no paper is published in such town, then in some newspaper of general circulation in the county where its princi- pal place of business is located. Such published statement shall show the total amount of loans, the total amount of overdrafts, the total amount invested in bonds and other securities, the total amount due from banks, the total amount of checks and other cash items, the total amount of cash on hand, capital paid in, surplus funds; undivided profits, less expenses and taxes paid; due to other banks and bankers, due to trust companies and savings banks; individual deposits subject to checks; demand certificates of deposit; time deposits; certified checks; cashier's checks outstanding; and such other items as will show the actual financial condition of the bank making the report. Impairment of capital. Sec. 133. Whenever the superintendent of banks shall have reason to believe that the capital of any bank is reduced by impairment or otherwise below the amount required by law or by its articles of in- corporation, he may require such bank to make good the deficiency within sixty days after the date of such requisition. He may examine 1888 APPENDIX. or cause to be examined any such bank to ascertain tlie amount of such impairment or reduction of capital and whether the deficiency has been made good as 'required by him. Conduct of business in unsafe manner. Order to show cause. See. 134. If it shall appear to the superintendent of banks that any bank has violated its articles of incorporation, or any law binding upon it, he must, by an order under his hand and official seal, which seal must be adopted by him, addressed to such bank, direct the discontinu- ance of such violation; or, if it shall appear to the superintendent of banks that such bank is conducting business in an unsafe or injurious manner, he must in like manner direct the discontinuance of such un- safe or injurious practices. Such order shall require such bank to show cause, before the superintendent of banks, at a time and place to be fixed by him, why said order should not be observed. If upon such hearing it shall appear to the superintendent of banks that such bank is conducting business in an unsafe or injurious manner, or is violating its articles of incorporation, or any law of this state, then the super- intendent of banks shall make such order of discontinuance final, and such bank shall immediately discontinue all practices named in such order by the superintendent of banks. Such bank shall have ten days after any such order is made final in which suit may be commenced to restrain enforcement of such order, and unless such action be so com- menced and enforcement of said order be enjoined within ten days, by the court in which such suit is brought, then such bank shal. comply with such order; and, in the event of its failure so to do, then the superintendent of banks shall have power to take immediate charge and control of said bank, and liquidate its affairs in the manner provided in this act for the liquidation of banks. Rule governing action. Sec. 135. In any such action, no damage may be awarded, but the action otherwise shall be commenced, tried and determined according to the provisions of the Code of Civil Procedure of California. Superintendent may take possession, when. Notice to debtors. Eesump- tion of business. Liquidation. Sec. 136. Whenever the superintendent of banks shall have reason to conclude that any bank is in an unsound or unsafe condition to trans- act the business for which it is organized, or that it is unsafe or inex- pedient for it to continue business, the superintendent of banks may forthwith take possession of the property and business of such bank, and retain such possession until sue i ban" shall resume business, or its affairs be finally liquidated, as herein provided. On taking possession of the property and business of any such bank, the superintendent of banks shall forthwith give- notice in writing of such fact to any and all corporations and individuals holding or in pos- session of any of the assets of such bank. BANKING. 1889 No baTik, corporation or ir.clividnal, knowing of suoli tnkinsf pn?sossion by the superintendent of banks, or notified as aforesaid, sliall have a lien or chargfi for any payment, advance or clearance thereafter made, or liability thereafter incurred against any of the assets of the bank of •whose property and business the superintendent of banks shall have taken possession as aforesaid. Such bank may, with the consent of the superintendent of banks, resume business upon such conditions as may be approved by him. Upon taking possession of the property and business of such bank, the superintendent of banks is authorized to collect moneys due to such bank, and to do such other acts as are necessary to conserve its assets and business, and shall proceed to liquidate the aifairs thereof as herein- after provided. The superintendent of banks shall collect all debts due and claims belonging to it, and upon the order of the superior court may sell or compound all bad or doubtful debts, and on like order may sell all real and personal property of such bank on such terms as the court shall direct; and may, if necessary to pay the debts of such bank, enforce individual liability of the stockholders by action to be brought within three years after the date of his taking possession of the aifairs of such 1 ank. The superintendent of banks may, under his hand and official seal, appoint one or more special deputy superintendents of banks, as agent or agents, to assist him in the duty of liquidation and distribution, the certificate of appointment to be filed in the office of the superintendent of banks, and a certified copy in the oflice of the clerk of tlae county in which the principal office of such bank is located. The superintendent of banks may, from time to time, authorize a special deputy superintendent to perform such duties connected with such liquidations and distribution as the superintendent of banks may deem proper. The superintendent of banks may employ such counsel, and procure such expert assistance and advice as may be necessary in the liquidation and distribution of the assets of such bank, and may retain such officers or employees of such bank as he may deem neces- sary. The superintendent of banks shall require, from a special deputy superintendent and from such assistants, such security fox the faithful discharge of their duties as he may deem proper. The superintendent of banks shall cause notice to be given by adver- tisement in such newspapers as he may direct, weekly, for three con- secutive months, calling on all persons who may have claims against such bank, to present the same to the superintendent of banks, and make legal proof thereof, at a place and within a time not more than six months after the last day of publication, to be therein specified. The superintendent of banks shall mail a copy of such notice to all persons whose names appear as creditors upon the books of the bank. If the superintendent of banks doubts the justice and validity of any claim, he may reject the same and serve notice of such rejection upon the claimant, either by mail or personally. An affi^davit of the service 1890 APPENDIX. of such notice shall he prima facie evidence thereof, and shall be filed with the superintendent of banks. An action upon a claim so rejected must be brought within six months after such service. Claims presented after the expiration of the time fixed in the notice to creditors shall be entitled to share ratably in the distribution to the extent of the assets in the hands of the superintendent of banks, equitably applicable thereto. Upon taking possession of the property and assets of such bank, the superintendent of banks shall make an inventory of the assets of such bank in duplicate, one to be filed in the office of the superintendent of banks, and one in the office of the clerk of the county in which the prin- cipal office of such bank is located; upon the expiration of the time fixed for the presentation of claims, the superintendent of banks shall make in duplicate a full and complete list of the claims presented, including and specifying such claims as have been rejected by him, one to be filed in the office of the superintendent of banks, and one in the office of the clerk of the county in which the principal oflEice of such bank is located; such inventory and list of claims shall be open at all reasonable times for inspection. The compensation of the special deputy superintendents, counsel, and other officers and assistants, and all expenses of supervision and liquida- tion, shall be fixed by the superintendent of banks on notice to such bank, and shall upon his certificate be paid out of the funds of such bank in his hands. The sums collected by the superintendent of banks shall, from time to time, be deposited in one or more banks in this state, subject to exam- ination by the superintendent of banks. At any time after the expiration of the date fixed for the presenta- tion of claims, the superintendent of banks may, out of the funds re- maining in his hands after the payment of expenses, declare one or more dividends, and after the expiration of one year from the date of first publication of notice to creditors he may declare a final dividend. Objection to any claim not rejected by the superintendent of banks may be made by any party interested, by filing a copy of such objection with the superintendent of banks, who shall present the same to the superior court of the county in which such bank has its principal place of business, with a petition that said court pass upon the validity of such claims; and such court shall thereupon, upon such notice to the party presenting the same, and to the superintendent of banks, as the court may deem proper, accept or reject said claim, and the superintend- ent of banks shall observe the order of the court in that regard; pro- vided, however, that should the claim be rejected, such rejection shall not conclude the claimant from bringing an action upon such claim within six months after such rejection. Upon the petition of the superintendent of banks, such court may make proper provisions for unclaimed deposits. Whenever any such bank, of whose property and business the super- intendent of banks has taken possession as aforesaid, deems itself aggrieved thereby, it may at any time within ten days after such taking BANKING. 1801 possession, and not thereafter, apply to the superior court in the county in which the principal office of such bank is located, to enjoin further proceedings; and said court, after citing the superintendent of banks to show cause why further proceedings should not be enjoined, and upon hearing the allegations and proofs of the parties, and determining the facts, may, upon the merits, dismiss such application, or enjoin the superintendent of banks from further proceedings, and direct him to surrender such business and property to such bank. Either party aggrieved by the judgment rendered thereon may appeal therefrom to the supreme court, as in other cases of appeal thereto from the judgment of a superior court. An appeal as above provided shall operate as a stay of the judgment of the superior court, and no bond need be given if the appeal be taken by the superintendent of banks; but if the appeal be taken by such bank, a bond shall be given, as required by section nine hundred and forty-three of the Code of Civil Procedure. Whenever the superintendent of banks shall have paid to each and every depositor and creditor of such corporation (not including stock- holders) whose claim or claims as such creditor or depositor shall have been dulj^ approved and allowed the full amount of such claim, and shall have made proper provisions for unclaimed and unpaid deposits or divi- dends, and shall have paid all expenses of the liquidation, the super- intendent of banks shall call a meeting of the stockholders of such corporation by giving notice thereof for thirty days, in one or more newspapers published in the county where the principal office of such corporation is located. At such meeting, the superintendent of banks shall appear and deliver to the stockholders all the property, effects and records of such bank, and upon such transfer and delivery he shall be discharged from any and all further liability to such loank and its creditors. And thereupon the bank shall be in the same position as though it had never been authorized to transact a banking business, and such bank, by fulfilling the requirements of this act, and of the superintendent of banks, can thereafter be authorized to resume the conduct of its business as a bank. Dissolution of bank. Escheat of unclaimed funds. Sec. 137. 1. Any bank shall have the right, on application of the stockholders or members to apply to the superior court of the county wherein its principal place of business is situated, to dissolve said bank in the manner provided for in title six, part three of the Code of Civil Procedure. 2. It is hereby made the duty of every person or corporation holding funds of any bank, at the end of five years from and after such bank has ceased to receive deposits, or do business, to pay the same into the 'state treasury, which money shall be held in the state school land fund; and at the same time it shall be the duty of such person or corporation to furnish to the state controller a list of the names of all depositors to whom said moneys belong or to whom said bank owes the same. 1892 APPENDIX. 3. The money may be drawn out on the warrants of the state con- troller, issued on proofs of ownership, approved and allowed by the state board of examiners. 4. All moneys paid into the said fund, uncalled for within five years after being paid in, shall by operation of law, and without action had, escheat to the state, and thereafter only be drawn out in such manner as now provided for by law for the estates of deceased persons escheated to this state. 5. The state board of examiners must invest such moneys in the same manner that the state school laud fund is invested as provided by law. But any claimant shall be entitled to recover as herein provided only the principal so paid into the state treasury. Reports, failure to make. Sec. 138. If any bank shall fail to make the report required by law or by the superintendent of banks, within ten daj^s from the day des- iguated for the making thereof, or to include therein any matter re- quired by law or by the superintendent of banks, every such delinquent bank shall forfeit to the people of the state the sum of one hundred dollars for each day that such report shall be delayed or withheld, and for every day it shall fail to report any such omitted matter. In the event of the failure of any such bank to make the report required from it by law, or by the superintendent of banks, he shall immediately cause the books, papers and affairs of such bank to be thoroughly examined. Directors of banks, duties of. Report of directors to contain, what. Sec. 139. It shall be the duty of the board of directors of every bank to examine fully into the books, papers and affairs of the bank of which they are directors, and particularly into the loans and discounts thereof, with a special view to ascertaining the value and security thereof, and of the collateral security, if any given, in connection therewith, and into such other matters as the superintendent of banks may require; such examination to be made at least once a year, but no such subsequent yearly examinations shall be made within three months of the next pre- ceding examination. Such directors shall have power to employ such assistance in making such examination as they may deem necessary. "Within ten days after the completion of such examination, a report in writing thereof, sworn to by the directors making the same, shall be made by the board of directors of such bank, and placed on file with the records of said bank, and shall be subject to examination by the superintendent of banks. Such report shall particularly contain a statement of the assets and liabilities of the bank examined, as shown by its books, together with any deductions from the assets, or additions to liabilities, which such directors or committee, after such examination, may determine to make. It shall also contain a statement, in detail, of loans, if any, which in their opinion are worthless or doubtful, together with their reasons for so regarding them; also a statement of loans made on collateral secu- rity, which in their opinion are insufiiciently secured, giving in each ease BANKING, 1893 the amount of the loan, the name and market value of the collateral, if it has any market value, and, if not, a statement of that fact, and its actual value as nearly as possible. Such report shall also contain a statement of overdrafts, of the names and amounts of such as they consider worthless or doubtful, and a full statement of such other mat- ters as affect the solvency and soundness of the bank. If the directors of such bank shall fail to make, or cause to be made, and file such report of examination in the manner and within the time specified, the directors of such bank shall be guilty of a misdemeanor. Report of superintendent to governor. Sec. 140. The superintendent of banks shall report during the month of October of each year, to the governor, for submission to the next ensuing session of the legislature: 1. A summary of the state and condition of every bank required to report to him, and from which reports have been received the preceding year, with an abstract of the whole amount of capital returned by them, the whole amount of their debts and liabilities, and the total amount of means and resources, specifying the amount of specie held by them at the time of the last report to him, and such other information in rela- tion to such banks as, in his judgment, may be useful. 2. A statement of all banks authorized by him to do business during the previous year, with their names and locations and dates of incor- poration, and particularly designating such as have commenced business during the year. 3. A statement of the banks whose business has been closed during the year. 4. Any amendments to the banking law, which, in his judgment, may be desirable. 5. The names and compensation of all persons employed by him, and the whole amount of the receipts and expenses of the department during the year. 6. The names of banks placed in his hands in process of liquidation, and the amount of dividends paid thereon. Such report, and the usual number of copies for the use of the legis- lature, shall be printed and in readiness for distribution by the state printer, and one thousand copies shall be printed for the use of the department, the expense of which shall be charged among the general expenses of the department. Weekly bulletin to be posted by superintendent: items of. Bulletins, file of. Sec. 141. 1. The superintendent of banks shall keep in his office, in a place accessible to the general public, a bulletin-board upon which he shall cause to be posted at noon on Friday of each week a detailed statement, signed by him or, in case of his absence from San Francisco 01 inability to act, by the deputy superintendent in charge, giving the following items of general information with regard to the work of the department since the preceding statement: 1894 APPENDIX. (a) The name of every bank that has filed in the banldng department an application for authorization to commence business, its location and the date of filing of such application. (b) The name and location of every bank authorized by the super- intendent of banks to commence business, its capital, surplus, and the date of authorization. (c) The name of every bank to which a certificate of authorization has been refused by the superintendent of banks, and the date of notice of refusal. (d) The name and residence of every person appointed by the super- intendent of banks as a deputy, examiner or employee in the banking department, the title of the office to which appointed, the compensation paid, and the date of appointment. (e) The date on which a call for a report by banks was issued by the superintendent of banks, and the day designated as the day with reference to which such report should be made. (f) The name and location of every bank whose creditors or depos- itors have been paid in full by the superintendent of banks and a meet- ing of whose stockholders shall have been called, together with date of notice of meeting and date of meeting. (g) The name and location of every bank subject to the banking law whose affairs and business shall have been finally liquidated, or in course of liquidation. (h) The name and location of every bank which has applied for approval of a change of name, and the name proposed. 2. Every such bulletin, after having been posted as aforesaid for one week, shall be placed on a file for such statements, to be kept in the office of the superintendent of banks. All such statements shall be public documents, and at all reasonable times shall be open to public inspection during usual banking hours. Official reports, prima facie evidence. Sec. 142. Every official report made by tbe superintendent and every report duly verified of an examination made, shall be prima facie evi- dence of the facts therein stated, for all purposes in any action or proceeding wherein such bank is a party. Neglect of duty by superintendent. Sec. 143. If the superintendent of banks shall have knowledge of the insolvency or unsafe condition of any bank mentioned in this act, and that it is unsafe or inexpedient to permit said bank to continue busi- ness, and shall neglect to forthwith take action as provided in sections one hundred thirty-three, one hundred thirty-four, and one hundred thirty-six of this act, he shall be guilty of a felony. Actions, duty of attorney-general. Sec. 144. Whenever by the terms of this act a penalty or forfeiture is imposed, the same shall be recovered in an action brought at the request of the superintendent of banks by the attorney-general, iu the BONDS. 1895 name of the people of the state, and the sum recovered shall be paid into the state banking fund and used in payment of claims against the said fund. Construction of act. Sec. 145. The powers, privileges, duties and restrictions conferred and imposed upon any corporation or individual existing and doing business under the laws of this state are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters. The legality of investments heretofore made, or of transactions heretofore had, pursuant to any provisions of law in force when such investments were made" or transactions had, shall not be affected by the provisions of this act, nor shall such pro- visions require the changing of investments for those named in this act, except as the same can be done gradually by the sale or redemption of the securities so invested in, in such manner as to prevent loss or embarrassment in the business of such bank, or unnecessary loss or injury to the borrowers on such security. Conflicting laws repealed. Sec. 146. All acts, or parts of acts, in conflict with this act are hereby repealed. Act takes effect when. Sec. 147. This act shall take effect July first, 1909. BONDS. 'An Act to facilitate the giving of bonds required "by law. [Approved March 12, 1885; Stats. 1885, p. 114.] § 1. Incorporation for giving bonds. § 2. When corporation not accepted. § 3. Duty of insurance commissioner. tncorporation for giving bonds. Section 1. Whenever any person who now or hereafter may be required or permitted by law to make, execute, and give a bond or undertaking, with one or more sureties, conditioned for the faithful performance of any duty, or for the doing or not doing of anything in said bond or undertaking specified, any head of department, board, court, judge, offi- cer, or other person who is now or shall hereafter be required to approve the sufficiency of any such bond or undertaking, or the sureties thereon, may accept as sole and sufhcient surety on such bond or undertaking, any corporation incorporated under the laws of any state of the United States for the purpose of making or guaranteeing bonds and undertakings required by law, and which shall have complied with all the require- 1896 APPENDIX. ments of the laws of this state regulating the admission of such corpora- tion to transact such business in this state; and all such corporations are hereby vested with full power and authority to make 'and guarantee such bonds and undertakings, and shall be subject to all the liabilities and entitled to all the rights of natural persons sureties. When corporation not accepted. See. 2. It is further provided, that the guaranty of any such company shall not be accepted by heads of departments or others, as provided in section one of this act, whenever its liabilities shall exceed its assets, as ascertained in the manner provided in section three of this act. Duty of insurance commissioner. Sec. 3. Whenever the liabilities of any such company shall exceed its assets, the insurance commissioner shall require the deficiency to be paid up within sixty days, and if it is not so paid up, then he shall issue a certificate showing the extent of such deficiency, and he shall publish the same once a week for three weeks, in a daily San Francisco paper, and thenceforth, and until such deficiency is paid up, such company shall not do business under the provisions of this act. And, in estimating the condition of any such company, under the provisions of this act, the com- missioner shall allow as assets only such as are authorized under exist- ing laws at the time, and shall charge as liabilities, in addition to eighty per cent of the capital stock, all outstanding indebtedness of the com- pany, and a premium reserve equal to fifty per centum of the premiums charged by said company on all risks then in force. Nothing herein contained shall apply to bonds given in criminal cases. Sec. 4. This act shall take effect immediately. CEMETERIES. An Act to provide for public cemetery districts. [Approved March 6, 1909; Stats. 1909, p. 156.] Deed by cemetery corporation: See post, tit. "Corporations." An Act to autlwrize the Incorporation of Bural Cemetery Associations. [1. Approved April 18, 1859; Stats. 1859, p. 281. 2. Amended January 13, 1864; Stats. 1863-64, p. 12. 3. Amended March 31, 1891; Stats. 1891, p. 264.] CORPORATIONS. 1897 An Act supplemental to an act entitled "An Act to authorise the incorpora- tion of rural cemetery association," approved April 28, {18,'] 1859, authorizing such association to erect, purchase, or lease buildings and furnaces and other works for cremation of human bodies; also, to erect or lease buildings in which shall be entombed only the ashes of cremated dead, to make provision for the care of the burial-places and ashes of the dead; also, to provide for the cremation of the unclaimed dead a7id todies liable, if interred, to spread disease. [Approved March 1, 1899; Stats. 1899, p. 36.] CORPORATIONS. Act allowing corporation to act as surety: See ante, tit. "Bonds." An Act to provide for the payment of the wages of mechanics and laborers employed by corporations. [Approved March 31, 1891; Stats. 1891, p. 195.1 § 1. Wages paid weekly or monthly. § 2. Non-payment, rights on. Wages paid weekly or monthly. Section 1. Every corporation doing business in this state sliall pay the mechanics and laborers emploj'-ed by it the wages earned by and due them weekly or monthly, on such day in each week or month as shall be selected by said corporation. Non-payment, rights on. Sec. 2. A violation of the provisions of section one of this act shall entitle each of the said mechanics and laborers to a lien on all the prop- erty of said corporation for the amount of their wages, which lien shall take preference over all other liens, except duly recorded mortgages or deeds of trust; and in any action to recover the amount of such wages or to enforce said lien, the plaintiff shall be entitled to a reasonable attor- ney's fee, to be fixed by the court, and which shall form part of the judgment in said action, and shall also be entitled to an attachment against said property. Constitutionality. Declared unconstitutional in Slocum v. Bear Valley Irriga- tiou Co., 122 Cal. 555. 1898 APPENDIX. An Act requiring every corporation doing business in this state to pay their employees, and each of them, at least once in each and every month, the wages earned by such employee; to limit th-e defenses which may he set up hy such corporation to assignments of wages, set-of or counter- claims, or the absence of such employee at the time of making payment, and in case of such absence the wages are payable upon demand; to prohibit assignments of wages for the purpose of evading the provisions of this act, and agreements to accept wages at longer periods than as herein provided as a condition of employment ; to fix a penalty for this molation of the provisions of this act by such corporation, and to pro- vide for the disposition of any fines recovered from corporations violat- ing the same. [Approved March 29, 1897; Stats. 1897, p. 231.1 Constitutionality. See post, note under § 8. § 1. Corporation must pay wages monthly. § 2. Lien in case of failure. § 3. Defenses. § 4. Assignment of wages. § 5. Agreement as to wajres. § 6. In what money wages payable. § 7. Penalty. Corporation must pay wages monthly. Section 1. Every corporation doing business in this state shall pay, at least once a month, each and every employee employed by such corpora- tion, in transacting or carrying on its business, or in the performance of labor for it, the wages earned by such employee during the preceding month; provided, however, that if at the time of payment any employee shall be absent, or not engaged in his usual employment, he shall be en- titled to said payment at any time thereafter upon demand. Lien in case of failure. Sec. 2. _ A violation of any of the provisions of section one of this act shall entitle each of the said employees to a lien on all the property of said corporation for the amount of their wages, which lien shall take preference over all other liens, except duly recorded mortgages or deeds of trust; and in any action to recover the amount of such wages, or to enforce said lien, the plaintiff shall be entitled to a reasonable attor- ney's fee, to be fixed by the court, and which shall form part of the judgment in said action, and shall also be entitled to an attachment against said property. An unrecorded deed shall be no defense to such actions. Defenses. Sec. 3. That on the trial of any action against such corporation for a violation of the provisions of this act, such corporation shall not be allowed to set up any defense for a failure to pay monthly any em- ployee engaged in transacting or carrying on its business the wages earned by such employee during the preceding month, other than the fact CORPORATIONS. . 1899 that such wages were not earned, except a valid assignment of such wages, a set-off or counterclaim against the same, or the absence of such employee from his usual employment at the time of the payment of the wages so earned by him. Assignment of wages. Sec. 4. No assignment of future wages, payable monthly under the provisions of this act, shall be made to the corporation from which such wages are or may become due, to auy person, on behalf of such corpora- tion, for the purpose of evading the provisions of this act, and all such assignments are hereby declared to be invalid. Agreement as to wages. Sec. 5. No corporation shall require, and no employee of such corpora- tion shall make, any agreement to accept wages at longer periods than as provided in this act as a condition of employment. In what money wages payable. Sec. 6. All wages earned by any employee engaged in the service of any corporation in this state shall be paid in lawful moneys of the United States, or in checks negotiable at face value on demand. Penalty. Sec. 7. Any corporation violating any of the provisions of this act shall be subject to a fine not exceeding one hundred dollars, or less than fifty dollars, for each violation, the same to be imposed by any court in this state having jurisdiction of offenses in which the penalty does not exceed a fine of one hundred dollars; said fine to be paid, by the judge or magistrate before whom a recovery may be had under the provisions of this act, into the general fund of the treasury of the county in which said conviction may be had. Sec. 8. This act shall take effect and be in force from and after the first day of April, eighteen hundred and ninety-seven. Constitutionality. Declared uuconstitutional ia Joliuson v. Goodjear M. Co., 127 Cal. 4. 1900 APPENDIX. An Act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administration of trusts by such corporations. [1. Approved April 6, 1891; Stats. 1891, p. 490. 2. Amended April 1, 1897; Stats. 1897, p. 424. 3. Amended March 20, 1903; Stats. 1903, p. 244. 4. Amended March 18, 1905; Stats. 1905, p. 232. 5. Amended March 18, 1907; Stats. 1907, p. 562.] § 1. What corporation may act as executor. § 2. Deposits made with corporation. § 3. Public administrator may make deposits. § 4. Court may order deposit and reduce bonds. § 5. Responsible for investments. § 6. Interest. § 7. Deposit of bonds with state treasurer, S 8. May mortgage real estate. § 9. Deposit, increase and decrease of. I 10. Abstracts of title. § 11. Certificate of authority. § 12. Semi-annual statement. § 13. "Verification of statement. § 14. Duty of bank commissioners. § 15. [No section of this number.] § 16. Administering oaths and examining witnesses. § 17. Duty when corporation violates law. § 18. False statement revokes authority, § 19. Retirement from business. § 20. Conflicting acts repealed. § 21. Time of taking effect. § 22. Communications confidential. § 23. Word "trustl" Use prohibited when. What corporation may act as executor. Section 1. Any corporation whicli has or shall be incorporated tinder the general incorporation laws of this state, authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, re- ceiver, depositary or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thou- sand dollars shall have been actually paid in, in cash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qual- ification by such corporation if such oath shall be taken and subscribed or such affidavit made by the president or secretary or manager or trust officer thereof, and such officer shall be liable for the failure of such cor- poration to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock; provided, any such appointment as guardian shall apply to the estate only, and not to the person. Such corporation shall be en- titled to and shall be allowed proper compensation for all the services CORPORATIONS. 1901 performed by them under the foregoing provisions of this act; but such compensation shall not exceed that allowed to ualiual persons for like services, [Amendment. Approved March 18, 1907; Stats. 1907, p. 562.] Deposits made with corporation. See. 2. Any court, having appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary, or trus- tee, upon the application of such officer or trustee, or upon the applica- tion of any person having an interest in the estate administered by such officer or trustee, after notice to the other parties in interest as the court may direct, and after a hearing upon such application, may order such officer or trustee to deposit any moneys then in his hands, or which may come into his hands thereafter, and until the further order of said court, with any such corporation, and upon deposit of such money, and its re- ceipt and acceptance by such corporation, the said officer or trustee shall be discharged from further care or responsibility therefor. Such deposits shall be paid out only upon the orders of said court. Public administrator may make deposits. Sec. 3. And it shall be lawful for any public administrator to deposit with any such corporation doing business in the county, or city and county, in which he is acting as such administrator, any and all moneys of any estate upon which he is administering, not required for the cur- rent expenses of the administration. And such deposits shall relieve the public administrator from depositing with the county treasurer the moneys so deposited with such corporation. Moneys deposited by a public ad- ministrator may be drawn, upon the order of such administrator, counter- signed by a judge of a superior court, when required for the purpose of administration, or otherwise. Court may order deposit and reduce bonds. Sec. 4. Whenever, in the judgment of any court having jurisdiction of any estate in process of administration by any executor, administrator, guardian, assignee, receiver, depositary, or trustee, the bond required by law of such officer shall seem burdensome or excessive, upon application of such officer or trustee, and after such notice to the parties in interest as the court shall direct, and after a hearing on such application, the said court may order the said officer or trustee to deposit with any such corporation, for safe-keeping, such portion or all of the personal assets of said estate as it shall deem proper; and thereupon said court shall, by an order of record, reduce the bond to be given or theretofore given by such officer or trustees, so as to cover only the estate remaining in the hands of said officer or trustee; and the property as deposited shall thereupon be held by said corporation, uuder the orders and directions of said court. Any court having jurisdiction of an estate being adminis- tered by a public administrator, may direct such public administrator to deposit all or any part of the moneys of the estate not required for the current expenses of the administration, with any such corporation doing 1902 APPENDIX. business in the county, or city and county, where such public adminis- trator is acting. Responsible for investments. Sec. 5. Such corporations shall not be required to give any bond or security in case of any appointment hereinbefore provided for, except as hereinafter provided, but shall be responsible for all investments which shall be made by it of the funds which may be intrusted to it for investment by such court, and shall be further liable as natural persons in like positions now are, and as hereinafter provided. The amount of Tioney which any such corporation shall have on deposit at any time hall not exceed ten times the amount of its paid-up capital and sur- jjjus, and its outstanding loans shall not at any time exceed said amount. Interest. See. 6. Such corporations shall pay interest upon all moneys held by them by virtue of this act, at such rate as may be agreed upon at the time of its acceptance of any such appointment, or as shall be provided by the order of the court. Deposit of bonds with state treasurer. Sec. 7. Each corporation, before accepting any such appointment or deposit, shall deposit with the treasurer of state, for the benefit of the creditors of said corporation, the sum of one hundred thousand dollars ($100,000.00), in bonds of the United States, or municipal bonds of this state, or of any county, or city, or school district thereof, or in mort- gages on improved and productive real estate in this state, being first liens thereon, and the real estate being worth at least twice the amount loaned thereon. The bonds and securities so deposited may be ex- changed from time to time for other securities, receivable as aforesaid. Said bonds of the United States, or municipal bonds of this state, or of any county, city, or school district thereof, to be registered in the name of said treasurer, officially, and all said securities to be subject to sale and transfer, and to the disposal of the proceeds by said treas- urer, only on the order of a court of competent jurisdiction, and as hereinafter provided. [Amendment, Approved April 1, 1897; Stats. 1897, p. 424.] May mortgage real estate. See. 8. Any such corporation, having a paid-up capital in excess of two hundred and fifty thousand dollars, may be permitted by the board of bank commissioners to mortgage any improved and productive real estate owned by it, in excess of said amount, to the treasurer of state, for such sum as the said board may determine; and such mortgage may be deposited with said treasurer, and, when ^o deposited, it shall be included in the amount of securities hereinabove required to be deposited with said treasurer for the benefit of the creditors of said corporation. Deposit, increase and decrease of. Sec. 9. So long as the corporation so depositing shall continue solvent, such corporation shall be permitted to receive from said treasurer the CORPORATIONS. 1903 interest or diviclends on said deposit; provided, however, that when it shall appear to the board of bank commissioners, from the semi-annual report of any such corporation, that the value of the personal prop- erty and cash held and possessed by such corporation, by virtue of the provisions of this act and any amendment tliereof, exceeds ten times the amount of the deposit aforesaid, said board shall require said cor- poration to forthwith increase its said deposit to the sum of five hun- dred thousand dollars in such securities. And whenever it shall appear to said board that the amount of personal property and cash so held by any such corporation has been reduced below teii times the value of its original deposit above provided for, and said corporation is not in any default in its duties and obligations hereunder, they shall allow such corporation to reduce its said deposit to the sum of two hundred thousand dollars, by the withdrawal of such additional deposit, until such time as an increase in its holdings shall again require an additional deposit, as hereinbefore provided. Abstracts of title. Sec. 10. When any part of such deposit is made in bonds and mort- gages, it shall be accompanied by full abstracts of titles and searches, and shall be examined and approved by or under the direction of the said board. The fees for an examination of title by counsel, to be paid by the corporation making the deposit, shall not exceed twenty dollars for each mortgage, and the fee for each appraiser, not exceeding two. besides expenses, shall be five dollars for each mortgage. Certificate of authority. Sec. 11. It shall not be lawful for any such corporation to accept any trust or deposit, as hereinbefore provided, after the passage of this act, without first procuring from the board of bank commissioners a certificate of authority, stating that such corporation has complied with the requirements of this act in respect to such deposit. Semi-annual statement. Sec. 12. Such corporation shall file with the said board of bank com- missioners, during the months of January and July of each year, a state- ment, under oath, of the condition of such corporation at the close of business on the thirty-first day of December and the thirtieth day of June, respectively, next preceding, showing its financial condition. Also, a list and brief description of the trusts held by such corporation, the source of the appointment thereto, and the amount of real and personal estate held by such corporation by virtue thereof, except that mere mortgage trusts, wherein no action has been taken by such corporation, shall not be included in such statement. The said statement shall also be in sucli form, and contain such rejioits, returns, and information, as to the affairs, business, condition, and resources of the corporation, as the said board may from time to time prescribe and require. Verification of statement. See. 13. Such statement shall be verified by the affidavit of one of the managing officers and two of the directors or trustees of such cor-r 1904 APPENDIX. poration, who shall also state in such affidavit that they have examinee! the assets and books of such corporation for the purpose of making such statement. Any false swearing in regard to such statement shall be deemed perjury, and shall be subject to the punishment prescribed by law for such offense. Duty of 'bank contmissioners. Sec. 14. The said board of bank commissioners are hereby authorized and empowered to address any inquiries to any such corporation, or the officers thereof, in relation to its doings and conditions, or any other matter connected with its affairs; and it shall be the duty of any such corporation or person so addressed to promptly reply, in writing, to such inquiries; and they may also require reports from any such corpora- tion at any time they may deem desirable. It shall be the duty of one or more of the bank commissioners, as designated by the commissioners, annually, or as often as in their judgment they may deem it necessary, without previous notice, to visit and to make personal examination of the solvency of any such corporation, its ability to fulfill all its obliga- tions, and report its condition to the attorney-general as soon as may be after such examination. Sec. 15. [No section numbered 15.] Administering oaths and examining witnesses. Sec. 16. Such commissioners shall have power to administer an oath to any person whose testimony may be required on any such examina- tion, and to compel the appearance and attendance of any such person, for the purpose of examination, by summons, subpoena, or attachment, in the manner now authorized in respect to the attendance of persons as witnesses in courts of record in this state; and all books and papers which may be deemed necessary to examine by the commissioners shall be produced, and their production may be compelled in like manner. Duty when corporation violates law. See. 17. Whenever it shall appear to the board of bank commis- sioners, from any such examination or report, that any such corporation has committed any violation of law, or is conducting its business in an unsafe or unauthorized manner, they shall, by an order under their hands, direct the discontinuance of such illegal and unsafe or unau- thorized practice, and strict conformity with the requirements of the law, and with safety and security in its transactions; and whenever any such corporation shall refuse or neglect to make any such report as hereinbefore required, or to comply with any such order as aforesaid, or whenever it shall appear to the said board that it is unsafe or in- expedient for anj"- such corporation to continue to transact business, they shall communicate the facts to the attorney-general, who shall thereupon institute siieh proceedings against the corporation as the nature of the case may require. CORPORATIONS. 1905 False statement revokes authority. Sec. 18. If the board of bank commissioners shall, at any time, have satisfactory evidence that any semi-annual statement or other report required or authorized by this act, made or to be made by any officer or officers of such corporation, is false, it shall be the duty of the said board to immediately revoke the certificate of authority granted on behalf of such corporation, and mail a copy of such revocation to said corporation and to the clerk of every court of record in this state. Such revocation shall not be set aside until satisfactory evidence shall be given to said board of bank commissioners that such corporation is in substance and in fact in the condition set forth in such statement or report, and that all the requirements of this act have been complied with. Such revocation shall be sufficient cause for the removal of such corporation from any appointment held by it under the provisions of this act. Retirement from business. Sec. 19. Any corporation which desires to retire from business under this act, shall furnish to the board of bank commissioners satisfactory evidence of its release and discharge from all the obligations and trusts hereinbefore provided for; whereupon, they sliall revoke their certificate to such corporation, and thereupon the treasurer of state shall return to said corporation all its securities. Conflicting acts repealed. Sec. 20. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. Time of taking effect. Sec. 21. This act shall take eiJect and be in force from and after its passage. Communications confidential. Sec. 22. Any corporation exercising the powers and performing the duties provided for in said act, shall keep inviolate all communications confidentially made to it touching the existence, condition, management, and administration of any trusts confided to it; and no creditor or stockholder of any such corporation shall be entitled to disclosure of any such communication; provided, however, that the president, mana- ger and secretary of such corporation shall be entitled to knowledge of such communication; and provided further, that in any suit or proceed- ing touching the existence, condition, management or administration of such trust, the court wherein the same is pending may require disclosure of any such communication. [New section. Added March 20, 1903: Stats. 1903, p. 244.] Word "trust." Use prohibited when. Sec. 23. The use of the word ''trust" in combination or in connection with the word "company," "corporation," "incorporation," "association," Gen. Laws — 116 1906 APPENDIX. "society," "organization," or "syndicate," is liereby proliibitec! to all persons, firms, associations, companies or corporations, other tlian cor- porations provided for by a certain act of the legislature entitled: "An Act authorizing certain corporations to act as executor and in other capacities and to provide for and regulate the administration of trusts by such corporations," approved April 6, 1891, and any person, firm, association, company or corporation which uses the word "trust" in combination with or in connection with the word "company," ''corpora- tion," "incorporation," "association," "society," "organization" or "syndicate" as the name under which business is done or transacted, shall be subject to the provisions of the act last referred to and to the supervision of the bank commissioners as required by the said act. Any person, firm, association, company or corporation making use of the word "trust" in combination or in connection with the word "company," "corporation," "incorporation," "association," "society," "organization" or "syndicate" in the manner hereinabove mentioned in the transaction of business and not subject to the provisions of said act and the super- vision of the bank commissioners as in said act provided shall forfeit for each day the offense is committed, the sum of one hundred dollars to be recovered by the bank commissioners of the state of California in the manner provided by law. [New section. Added March 18, 1905; Stats, 1905, p. 232.] An Act to protect stoclcholders and persons dealing with corporations in this state. [1. Approved March 29, 1878; Stats. 1877-78, p. 695. 2. Amended March 22, 1905; Stats. 1905, p. 786.] Corporations. False reports of officers of. Section 1. Any superintendent, director, secretary, manager, agent, or other officer, of any corporation formed or existing under the laws of this state, or transacting business in the same, and any person pre- tending or holding himself out as such superintendent, director, secre- tary, manager, agent, or other officer, who shall willfully subscribe, sign, indorse, verify, or otherwise assent to the publication, either generally or privately, to the stockholders or other persons dealing with such corporation, or its stock, any untrue or willfully and fraudulently exag- gerated report, prospectus, account, statement of operations, values, business, profits, expenditures or prospects, or other paper or document intended to produce or give, or having a tendency to produce or give, to the shares of stock in such corporation a greater value or less appar- ent or market value than they really possess, or with the intention of defrauding any particular person or persons, or the public, or persons generally, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment in state prison or a county jail not CORPORATIONg. 1907 exceetling two years, or by fine not exceeding five thousand dollars, or by both. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. raise reports by officers, punishment for givirg: See Pen. Code, S 564. An Act to provide the manner of execution of deeds by cemetery corporor tions. [Approved March 26, 1895; Stats. 1895, p. 75.] Deeds by cemetery corporations. Section 1. All deeds or conveyances executed by cemetery associa- tions or incorporations within this state, shall be executed in the name of the corporation or association, under the seal thereof, by the presi- dent, or vice-president, and secretary thereof. Sec. 2. All acts and parts of acts in conflict with this statute, in so far as they conflict with the same, are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Cemetery corporations: See ante, tit. "Cemeteries." An Act requiring corporations organized under the laws of another state, territory, or foreign country, to file a certified copy of their articles of incorporation in the office of the secretary of state, and a certified copy thereof, duly certified by the secretary of state of this state, in the of- fice of the county cleric of the county where its principal place of busi- ness is located and also where such corporation owns property, and requiring such corporation to pay to the secretary of state the same fees as are paid by corporations formed under the lams of the state of California, a7id providing for a penalty for tlie violation of the pro- visions of this act. [Approved March 8, 1901; Stats. 1901, p. 108.] 5 1. Foreign corporations must file certified copies of articles. § 2. Fees. § 3. Penalty for failure to comply. Foreign corporations must file certified copies of articles. Section 1. Corporations organized under the laws of another state, territory, or of a foreign country, which are now doing business in this state, or which shall hereafter enter this state to do business, or main- tain an office in this state, shall file in the office of the secretary of state of the state of California a certified copy of their articles of in- 1908 APPENDIX. corporation, or of their charters or of the statutes or legislative or executive or governmental act creating them in cases where they are created by charters or statutes or legislative or executive or governmental acts, and a certified copy thereof, duly certified by the secretary of state of this state, in the office of the county clerk of the county where its principal place of business is located and also where such corporation owns property. Fees. Sec. 2. For filing and issuing certified copy as required in section one of this act, corporations formed under the laws of another state, or of a territory, or of a foreign country, shall pay the same fees as are paid by corporations formed under the laws of this state. Penalty for failure to comply. Sec. 3. Every foreign corporation amenable to the provisions of this act which shall neglect or fail, within ninety days from the date of passage of this act, to comply with the conditions of the same as herein provided shall be subject to a fine of not less than five hundred dollars, to be recovered before any court of competent jurisdiction; and it is hereby made the duty of the secretary of state, as he may be advised that corporations are doing business in contravention of this act, to report the fact to the governor, who shall instruct the district attorney of the county wherein such corporation has its principal business, or the attorney-general of the state, or both, as soon as practicable, to institute proceedings to recover the fine herein provided for, and the amount so recovered must be paid into the state treasury to the credit of the gen- eral fund of the state; in addition to which penalty, no foreign corpora- tion as above defined which shall fail to comply with this act, can maintain any suit or action, either legal or equitable, in any of the courts of this state upon any demand, whether arising out of contract or tort, until it has complied with this act; provided, that any corpora- tion described in section one of this act, which is now doing business in this state, and which has complied with the act in relation to foreign corporations, approved April first, eighteen hundred and seventy-two, and an act amendatory thereof, approved March seventeenth, eighteen hundred and ninety-nine, is exempted from the provisions of this act. Sec. 4. This act shall take effect and be in force from and after the date of its passage. DEEDS — GUARDIANS. 1909 DEEDS. 'An Act relating to conveyances of real estate. [Approved March 11, 1874; Stats. 1873-74, p. 345.] I 1. Conveyances by persons whose names are changed. § 2. Record of conveyances made by public officers. § 3. Indexing of such conveyances. Conveyances by persons whose names are changed. Section 1. Any person iu whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, shall, in any conveyances of said real estate so held, set forth the name in which be or she derived title to said real estate. Record of conveyances made by public officers. Sec. 2. All conveyances of real estate, except patents issued by the state as a party made by any public officer pursuant to any law of this state, shall, when recorded by the county recorder, be by him alpha- betically indexed in the "Index of Grantors," both in the name of the officer making such sale, and in the name of the person owning the property so sold. Indexing of such conveyances. Sec. 3. It is hereby made the duty of all county recorders to alpha- betically index, in the ''Index of Grantors," both in the name by which title Avas acquired, and also by which the same was conveyed, all con- veyances referred to in section one of this act. Sec. 4. This act shall be in force from and after its passage. Code commissioner's note. Concerning this statute the code commissioner says that § 1 is codified by § 1096 of the Civil Code, and that the rest of the statute should be added to § 4236 of the Political Code: See ante, Legislation § 1096. GUARDIANS. Act providing for appointment of guardians of children In orphan asylums: See post, tit. "Infancy." 1910 APPENDIX. HOMESTEADS. An Act supplementary to an Act entitled An Act to mdhorize the for- ■matioH of corporations to provide the mcmhers thereof with homesteads, or lots of land suitable for homesteads, approved May twentieth, eighteen hundred and sixty-one. [Approved March 23, 1874; Stats. 1873-74, p. 525.] § 1. Extension of time for homestead corporations. § 2. How existence continued. Extension of time for homestead corporations. Section 1. Any corporation formed under the act to which this act is supplemental, whose period of existence is not stated in its articles of incorporation to be ten years, may continue its corporate existence for ten years from the date of filing its articles of incorporation, upon complying with the provisions of this act. How existence continued. Sec. 2. Any such corporation existing on the first day of January, eighteen hundred and seventy-four, may at any time before its period of existence, as stated in its articles of incorporation, shall expire, con- tinue its existence, as stated in section one of this act, by a majority vote of its board of trustees at any meeting of such board, or by a vote of a majority of the stockholders, as the board of trustees may elect. A certificate of the action of the directors, signed by them and their secretary, when the election is made by their vote, or upon the written consent of the stockholders or members, or a certificate of the proceed- ings of the meeting of the stockholders or members, when such election is made at any such meeting, signed by the chairman and secretary of the meeting and a majority of the directors, must be filed in the office of the clerk of the county where the original articles of corporation are filed, and a certified copy thereof must be filed in the ofiice of the secretary of state; and thereafter the corporation shall continue its existence under the provisions of this act, and shall possess all the rights and powers, and be subject to all the obligations, restrictions, and limi- tations prescribed by the act of which this is supplementary. Sec. 3. This act shall take affect from and after its passage. INFANCY— INSURANCE. 1911 INFANCY. An Act to provide for the appointment of gvardmns of cWdren maintained in any orphans' home or orphan asylum in this state, [Approved March 23, 1893; Stats. 1893, p. 203.] Preferences. Consent. Duty of court. Section 1. When any orphan or half-orphan has been mnintained in any orphans' asylum or orphans' home in the state of California for more than one year, the managers of said home or asylum shall be entitled to the guardianship of such child in preference to any other person; provided, however, that such managers shall not be appointed guardian of a minor child over fourteen years of age without its con- sent, nor shall this act preclude the court of competent jurisdiction from inquiring into the titness of such managers for the guardianship of such children; but in exercising the power of the court to appoint guardians for minors, the managers of the home having the care of such child for more than one year shall, if there be no special reasons to the contrary in any particular case, be preferred in the guardianship of the person of the child to the parent so leaving the child, without good cause therefor being shown, under the care of said home for the said time. Sec. 2. This act shall take effect immediately. INSURANCE. An Act to provide for the organization and management of county fire tn- surance companies. [1. Approved April 1, 1897; Stats. 1897, p. 439. 2. Amended March 23, 1907; 941. 3. Amended April 15, 1909; Stats. 1909, p. 912.] Incorporation of. Articles of incorporation. Certificate. Directors. Officers. Bonds. Powers. By-laws. Membership. Risks. Classifying risks. Limitations upon risks taken. Adjustment of losses. Ai'bitration. Assessments for deficiency. Notice of assessments. Action for neglect or refusal to pay assessment. Annual statement. Withdrawal. Report of officers. Dissolution. Conflicting laws repealed. Approved April Stats. 1907, p § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. §10. § 11. §12. §13. §14. §15. §16. §17. §18. §19. 1912 APPENDIX. Incorporation of. Section 1. Any number of persons, not less than twenty -five, residing in any county in this state, owning insurable property aggregating not less than fifty thousand dollars in value, which they desire to have insured, may incorporate for the purpose of mutual insurance against loss or damage by fire. Articles of incorporation. Certificate. Sec. 2. Such persons shall file with the insurance commissioner a declaration of their intention to incorporate for the purposes expressed in section one of this act, which declaration shall be signed by all of the incorporators, and shall contain a copy of the articles of incorpora- tion proposed to be adopted. The insurance commissioner -shall examine the proposed articles of incorporation, and if they conform to this act he shall deliver to such persons a certificate permitting them to incor- porate as such insurance company. Such certificate shall be directed to the clerk of the county in which such corporation is proposed to be organized, and shall contain a copy of the proposed articles of incor- poration. Upon filing with the secretary of state the certified copies of the duly executed articles of incorporation, as required by section two hundred and ninety of the Civil Code of the state of California, and of the certificate above provided for, the secretary of state shall thereupon issue a certificate of incorporation to such county insurance company, and, upon organizing under such articles of incorporation, such county fire insurance company may carry on a fire insurance business as herein- after provided. The articles of incorporation and the charter or certifi- cate obtained by any county fire insurance company operating under the provisions of this act shall be subject to the control and modification by the legislature of the state of California. The by-laws and all amend- ments thereto shall be filed with the insurance commissioner within sixty (60) days after their adoption. Directors. Sec. 3. The number of directors shall not be less than (7) seven, nor more than eleven (11), a majority of whom shall constitute a quorum to do business. These directors shall be elected from the members of the association by ballot, and shall hold office for one year, or until their successors are elected and qualified. The annual meeting of the mem- bers of the company shall be on the second Monday in January of each year. In the election of the first board of directors each member shall be entitled to one vote. At every subsequent election, every person insured shall be entitled to as many votes as there are directors to be elected, and an equal additional number for every risk or risks he holds in the company, and he may cast the same in person or by proxy, dis- tributing them among the directors to be elected, or among a less number of directors, or cumulating them upon one candidate, as he shall see fit. INSURANCE. 1913 Officers. Sec. 4. The directors shall elect, from their own number, a president and a vice-president, and shall also elect a treasurer and a secretary, who may or may not be members of the company. All of such officers hold their office for one year from the date of their election, and until their successors are elected and qualified. Bonds. Sec. 5. The treasurer and secretary shall give bonds to the company for the faithful performance of their duties, in such amounts as shall be prescribed by the board of directors. Powers. By-laws. Sec. 6. Such corporation and its directors shall possess the usual powers, and be subject to the usual duties of corporations and directors thereof, and may make such by-laws, not inconsistent with the constitu- tion and the laws of this state, as may be deemed necessary for the management of its affairs, in accordance with the provisions of this act. Also, to prescribe the duties of its officers and to fix their compensation, and to alter and amend its by-laws, when necessary. Membership. See. 7. Any person owning property in the county for which any such company is formed or any person owning property in any county adjoining the county wherein such companj^ is formed as hereinafter provided may become a member of such company by insuring therein, and shall be entitled to all the rights and privileges appertaining thereto; and no person not residing in the county in which the company is formed shall become a director of such company. [Amendment. Approved March 23, 1907; Stats. 1907, p. 941.] Bisks. Sec. 8. Such company may issue policies only on detached dwellings, schoolhouses, churches, barns (except livery-barn and hotel-barns), and other farms buildings, and such property as may be contained therein; also, other property on the premises owned by the insured; hay and grain in stack or in the field, and live-stock on the premises of the insured, anywhere in the county, for any time not exceeding five years, and not to extend beyond the time limited for the existence of the charter, and for an amount not to exceed four thousand five hundred dollars on any one risk; provided, that no company which has been organized more than six months shall write insurance subject to one fire exceeding three per cent of the amount at risk upon the books of such company. All persons so insured shall give their obligation to the com- pany, binding themselves, their heirs and assigns, to pay their pro rata share to the company of the necessary expense and of loss by fire which may be sustained by any member thereof during the time for which their respective policies are written, and they shall also at the time of effect- } 1914 APPENDIX. ing the insurance pay siicli a percentage in cash, and such other charges, as may be required by the rules or by-laws of the company. Classifying risks. Sec. 9. All such companies must classify the property insured therein at the time of issuing policies thereon under different rates, correspond- ing as nearly as may be to the greater or less risk from fire loss which may be attached to the several kinds of property insured. Limitations upon risks taken. Sec. 10. No such company shall insure any property beyond the limits of the county wherein the said company is organized except that a com- pany may insure in any county next adjoining the county wherein such company is organized where no mutual company exists or is organized therein, and as soon as a mutual company shall be organized therein said company first insuring and with its original place of business in the adjoining county, shall as soon as its policies originally issued expire, or shall be canceled, retire therefrom. Nor shall any company issue policies of insurance on any property within the limits of any city con- taining over six thousand inhabitants at the time of the organization of such company; provided, that no dwelling shall be insured within the corporate limits of any city or town exposed by any other building within one hundred feet, or by any other risk (other than a dwelling or private barn, the property of the same insured) within two hundred feet of the risk assumed; provided, that the amount of insurance shall not exceed seventy-five per cent of the value of the property, and that no additional insurance shall be allowed. [1. Amended March 23, 1907; Stats. 1907, p. 941, 2. Amended April 15, 1909; Stats. 1909, p. 912.] Adjustment of losses. Arbitration. Sec. 11. Every member of such company who may sustain loss or damage by fire shall immediately notify the president, or in his absence, the secretary thereof, stating the amount of damage or loss sustained or claimed, and if not more than fifteen hundred dollars, then the presi- dent and secretary shall proceed to ascertain the amount of such loss or damage and adjust the same. If the claim for damage or loss be for an amount greater than fifteen hundred dollars, then the president of such company, or in his absence, the vice-president, or in the absence of both, the secretary thereof, shall forthwith convene the board of direc- tors of such company, whose duty it shall be when convened, to appoint a committee, of not less than three disinterested members of said com- pany, to ascertain the amount of such damage or loss. If in either case there is a failure of the parties to agree upon the amount of such damage or loss they may submit the question of the amount of such loss to arbitration, and in that event the president of the company shall appoint one disinterested person to act as an arbitrator, and the claim- ant or insured shall appoint another, and if such two arbitrators fail to agree upon the amount of such loss, then they shall select a third dis- interested person to act with them, and such arbitrators so appointed INSURANCE. 1915 shall have full authority to examine witnesses and to do all other things necessary to the proper determination of the amount of loss sustained by the claimant, and shall make their award in writing to the president of the company, and to the insured, and such award so as aforesaid made, shall be final as to the amount of the loss sustained. The pay of said committee shall be three dollars per day for each day's services so rendered, and five cents for each mile necessarily traveled in the dis- charge of their duties, which shall be paid by the claimant unless the award of such committee shall exceed the sum offered by the company in liquidation of such loss or damage, in which case such expense shall be paid by the company. [1. Amended March 23, 1907; Stats. 1907, p. 941. 2. Amended April 15, 1909; Stats. 1909, p. 912.] Assessments for deficiency. Sec. 12. When the amount of any loss shall have been ascertained, which exceeds in amount the cash funds of the company, the president shall convene the directors of said company, who shall make an assess- ment upon all the property to the amount for which each several piece of property is insured, taken in connection with the rate of premium under which it may be classified; provided further that the board of directors may at their annual meeting levy an assessment not to exceed twenty-five cents on the one hundred dollars on first-class insurance and a pro rata amount on other classes and said sum so raised shall consti- tute a reserve fund to be used in emergency cases only and another assessment for this fund shall not be made while this reserve remains intact. [Amendment. Approved March 23, 1907; Stats. 1907, p. 941.] Notice of assessments. Sec. 13. It shall be the duty of the secretary, whenever such an assessment shall have been made, to immediately notify every person holding a risk in such company, personally, by an agent, or by letter directed to his usual post-otfice address, of the amount of such loss, and the sum due from him, as his share thereof, and of the time and to whom such payment is to be made; but such time shall not be less than thirty days, nor more than ninety days, from the date of such notice. Action for neglect or refusal to pay assessment. Sec. 14. An action may be brought against any member of such company who shall neglect or refuse to pay any assessment made upon him by the provisions of this act, or other liabilities due the company, and the directors of any company so formed who shall willfully refuse or neglect to perform the duties imposed upon them by law or by the by-laws of the company shall be liable in their individual capacity to the person sustaining such loss. An action may also be brought and maintained against any such company by members thereof for losses sustained if payment is withheld after the amount of such losses have been deteimined, and is due hy the terms of the policy. 1916 APPENDIX. Annual statement. Sec. 15. It shall be the duty of the secretary to prepare an aTmual statement, showing the condition of such company on the thirty-first day of December, and present the same at the annual meeting. Withdrawal. Sec. JQ. Any member of such company may withdraw therefrom "by surrendering liis policy for cancellation at any time while the organiza- tion continues the business for which it was organized, by giving notice in writing to the secretary thereof, and paying his share of all claims that may exist against such company; provided, that the company shall have power to cancel or terminate any policy by giving the insured five days' written notice to that effect, and returning to him any excess of premium he may have paid during the term of the policy, over the cost of his insurance, as measured by the rates of standard fire insurance com- panies doing business in this state. Report of officers. Sec. 17. It shall be the duty of the president and secretary, within thirty days after the first day of January in each year, to prepare, under their own oath, and transmit to the insurance commissioner, a statement of the condition of the company on the last day of the month next preceding the annual meeting. If, upon examination, the insurance commissioner finds that such company is doing business correctly, in accordance with the provisions of this act, he shall thereupon furnish the company his certificate, which shall be deemed authority to continue business during the ensuing year, subject, however, to the provisions of this act. Tor such examination and certificate the company shall pay one dollar. Each company shall pay, at the time of organization, five dollars to the insurance commissioner, for all services which he shall render in the matter of organization. Dissolution. Sec. 18. Any such company may be proceeded against and dissolved in the manner and upon the same conditions as provided in case of other insurance companies incorporated in this state. Conflicting laws repealed. Sec. 19. All acts and parts of acts in conflict with this act are hereby repealed. INSURANCE. 1917 An Act providing for the organization and management of mutual fire in- surance companies. [Approved March 19, 1907; Stats. 1907, p. 631.] § 1. Mutual fire insurance corporations. § 2. Lines of insurance. § 3. Liability of members. § 4. Minimum business required. § 5. Notice of meeting. § 6. Amount of risk permitted on encb policy. § 7. How mutual company may procure license. § 8. Assessments for losses. § 9. Same. Record of assessment. § 10. Withdrawal of members. § 11. Dividends. § 12. Construction of act. § 13. General provisions. Mutual fire insurance corporations. Section 1. Private corporations may be formed for the purpose of insuring the property of their members in accordance with and on the properties designated in this act, and not otherwise. Such corporations may be formed and organized as provided in part four, division first, of the Civil Code of the state of California. Lines of insurance. Sec. 2. Any such corporation may be formed for the purpose of trans- acting fire insurance business and in one of the following lines, to wit: 1. Lumber-yards, factories and mills. 2. Mercantile risks, dwelling-houses, churches, schools and farm-build- ings, and contents. Liability of members. Sec. 3. Each person or corporation accepting a policy in any such mutual insurance corporation shall thereby become a member of such corporation and shall be liable for his pro rata share of losses and operating expenses, except as hereinafter provided. Minimum business required. Sec. 4. No policy shall be issued by such corporation until not less than two hundred thousand dollars of insurance, in not less than two hundred separate risks, have been subscribed for and entered on its books, and until it shall have a cash reserve fund of fifty thousand dollars. No officer or other person whose duty it is to determine the character of risks, and upon whose decision the application shall be accepted or rejected by such corporation, shall receive as any part of his compensation a commission upon the premiums, but his compensation shall be a fixed salary and such share of the net profits as the directors may determine. 1918 APPENDIX. Notice of meeting. Sec. 5. Every member sliall be notified of the time and place of hold- ing its meeting by a written notice, or by an imprint npon the back of each policy-receipt or certificate of renewal, and shall be entitled to a vote as provided by law. Amount of risk permitted on each policy. Sec. 6. Such company may issue policies provided the term of any policy does not exceed the time limited for the existence of the charter but not for an amount in excess of twenty-five hundred dollars on any one risk; provided, however, that one thousand dollars additional insur- ance may be written on any one risk for each million dollars of total insurance outstanding on the books of the company in excess of one million dollars; provided further, that two or more buildings situated in the same city block, or separated by less than one hundred feet shall be deemed to be one risk. How mutual company may procure license. See. 7. When any number of citizens or corporations not less than one hundred owning insurable property in this state desire to insure in a mutual company incorporated under the laws of some other state, they shall petition the insurance commissioner to grant such company a license to transact business in this state. Such corporation before being licensed in this state must file with the insurance commissioner its last annual statement signed by its president and secretary under oath, show- ing that the company is solvent and possessed of not less than two hundred thousand dollars bona fide premium notes or contingent lia- bilities of its members, and not less than seventy-five thousand dollars available cash assets over and above all liabilities or losses reported, expenses, taxes and reinsurance on all outstanding risks estimated at fifty per cent of the premiums received and receivable on all risks. Such company must also file a copy of its articles of incorporation and a certificate from the insurance commissioner of the state in which such company is incorporated, in which certificate the insurance commissioner must certify that such company's annual statement is correct. Any mutual insurance company incorporated under the laws of any other state, after complying with the provisions of this section shall be granted a license by the insurance commissioner of this state, granting such com- pany full power to transact business under this act. Assessments for losses. Sec. 8. Each policy-holder shall be liable to pay his proportionate part of any assessment which may be levied by the company, in accord- ance with the law and his contract, on account of losses and expenses incurred while he is a member. Mutual insurance companies shall charge and collect upon its policies the full premium in cash or notes, absolutely payable, and may, in its by-laws, fix the liability of its mem- bers for the payment of the losses and expenses not provided for by its cash funds; provided that the liability of a member shall not be less INSURANCE. 1919 than a sum equal to the cash premium written in his poliey. The total amount of the liability of a policy-holder shall be plainly and legibly stated upon the back of each policy. Same. Record of assessment. Sec. 9. Whenever such company is not possessed of cnsh funds above its permanent cash reserve fund hereinafter provided, sufficient for the payment of accrued losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses, upon its members liable to assessment therefor, in proportion to their several liabilities. The company shall cause to be recorded in a book kept for that pur- ]iose, the order for such assessment, together with a statement which sliall set forth the condition of the company at the date of the order, the amount of its cash assets and of its premium notes, or other con- tingent funds liable to assessment and the amount the assessment calls for. Such record shall be made and signed by the directors who voted for the order, before any part of the assessment is collected, and any person liable to assessment may inspect and take a copy of the same. Withdrawal of members. Sec. 10. Any member of any such corporation may withdraw at any time by surrendering his policy or certificate of insurance to the cor- poration, and giving thirty days written notice of his intention to with- draw and by paying his share of all losses which shall have accrued by the end of the time specified in the notice, and all assessments due, accrued, or pending at the time of his withdrawal, but the company may retain the rate usually charged by standard insurance companies for a short-term policy; provided, also, that the corporation shall have power to cancel or determine any policy by giving the insured five days written notice to that effect, and returning to the insured his pro rata of the unearned premium. Dividends. Sec. 11. No mutual fire insurance corporation formed under this act may make any dividend except from profits in hand after retaining unimpaired: 1. The sum of fifty thousand dollars. 2. A fund equal to one half the amount of all premiums on risks not terminated at the time of making such dividend. 3. A sufficient sum to pay all losses reported, or in course of settle- ment, and all liabilities for expenses and taxes. Construction of act. Sec. 12. Nothing in this act shall be construed to restrict or affect the provisions of "An Act to provide for the organizatinn and manage- ment of county fire insurance companies," approved April 1st, 1897. General provisions. Sec. 13. The general provisions applicable to all corporations as ex- pressed in part four of division first of the Civil Code of the state of 1920 APPENDIX. California, also all provisions of the Political Code so far as compatible with the provisions of this act, are hereby made applicable to corpora- tions provided for by this act. A)i Act relating to life, health and accident insurance of live-siocl- on the assessment plan and the conduct of the business of such insurance. [Approved March 23, 1907; Stats. 1907, p. 952.] § 1. Contract of mutual insurance of animals defined. § 2. How corporations may be formed. Investments. Condition precedent to issuing insurance. § 3. What contracts of insurance shall specify. § 4. Reserve fund required. § 5. Foreign corporations, conditions required. § 6. Limitations of contracts. Applications for insurance. False statements, pen- alty for. § 7. Benefits not liable to attachments. § 8. Annual statement to be filed. § 9. "When corporation may have license revoked. § 10. Assessments, notice of to be mailed. § 11. No section of this number. § 12. Fees for filing statements, etc. § 13. Expenses of insurance commissioner, how paid. Contract of mutual insurance of animals defined. Section 1. Every contract whereby a benefit may accrue to a party or parties therein named upon the "death or physical disability of an animal insured thereunder, or for the payment of any sums of money dependent in any degree upon the collection of assessments or dues from owners holding similar contracts, shall be deemed a contract of mutual insurance upon the assessment plan. Such contracts must show that the liabilities of the insured thereunder are not limited to fixed premiums. How corporations may be formed. Investments. Condition precedent to issuing Insurance. Sec. 2. Corporations may be formed under the general laws of this state to carry on the business of mutual live-stock insurance upon the assessment plan, and shall be subject only to the provisions of this act. No such corporation shall issue contracts of insurance until at least two hundred (200) persons owning live-stock have applied, in writing, for membership or insurance therein, and have paid to the treasurer of such corporation the sum of five thousand (5000) dollars. This sum shall be invested in bonds or securities, approved by the insurance com- missioner of this state, or deposited in some bank in this state where it will earn interest. Said bonds or securities, or evidences of such de- posit, shall be placed, through the insurance commissioner of this state, with the state treasurer, and the principal sura shall be held in trust for the contract-holders of such corporation, with the right in the corpora- tion to exchange said bonds, securities, or evidence of bank deposit for others of like value. Such corporation shall also, as a condition piece- INSURANCE. 1921 dent to issuing any contracts of insurance, obtain the written certificate of the insurance commissioner that it has complied with the require- ments of this act; and that the name of the corporation is not the same as that of any other corporation of this or other states, as indicated by the insurance department reports in his office; nor shall the commissioner approve any name or title so closely resembling another as to mislead the public. No corporation formed hereunder shall have legal existence after one year from the date of its articles, unless its organization has been completed, and business commenced; nor shall any corporation or individual solicit, or cause to be solicited, any business, until such cor- poration shall have complied with the provisions of section six hundred and thirty-three of the Political Code of this state. What contracts of insurance shall specify. Sec. 3. The contracts of insurance issued by such corporation shall specify the sum or sums to be paid upon the happening of the con- tingency insured against, and when such payments will be made. Unless the contract shall have been invalidated by fraud or by breach of its conditions, the corporation shall be obligated to pay the beneficiary the amount or amounts specified in its contract at the time or times therein named, and such indebtedness shall be a lien upon all the property of such corporation, with priority over all indebtedness thereafter incurred, except as hereinafter provided in case of insolvency. Failure to make such payment within thirty days after notice, at the home office, by mail, as provided by law, of final judgment, unless waiver is made by the beneficiary, shall constitute a forfeiture of the right to do business. Reserve fund required. Sec. 4. Every domestic corporation organized or doing business under this act shall accumulate a reserve or emergency fund, which shall at all times be not less than the largest benefit contracted to be paid by it to any one person. Every existing domestic corporation must accumu- late such fund within one year from the date when this act takes effect, and any corporation organized hereunder within one year from the date of its certificate of incorporation. Such fund, to the extent of the largest amount contracted to be paid by any such corporation to any one person, shall be so invested and deposited, as provided in section two hereof, with the right in the corporation to exchange any such securities for others of equal value. The deposit required by section two of this act shall constitute a part of the reserve required by this section, at the option of such corporation. When any corporation doing business hereunder shall discontinue business, this fund shall be returned to such corporation, or so disposed of as may be determined by the superior court of the county, or city and county, in which is its principal place of business. Foreign corporations, conditions required. See. 5. Corporations organized under the laws of any other state or country to transact the business of mutual assessnaent or live-stock insur- 1922 APPENDIX. ance, must, aa a condition precedent to transacting business in this state, deposit with tlie insurance commissioner of tliis state a certified copy of its cliarter, or otlier instrument, required by its liome author- ities; a statement, under oath, of its president or secretary, of its busi- ness for the preceding year, in such form as may be required by the insurance commissioner of this state; an appointment of a general agent, service upon whom shall bind the corporation; a certificate that for the next preceding twelve months it has paid, in full, the maximum amount named in its contracts of insurance; a certificate from the proper officer of its state or government that like corporations of this state are legally entitled to do business in such state or country; copies of its contracts of insurance and applications, which must show that the liabilities of its members are not limited to fixed premiums; and evidence, satis- factory to the insurance commissioner, that the corporation has accumu- lated a fund equal to that required of like corporations in this state, constituting a reserve or surplus fund, held in trust for the benefit of its contract-holders, and so invested and held as required by the laws of the state or government under which such corporation was organized. The insurance commissioner shall thereupon issue a license to such cor- poration to do business in this state. This license must be renewed annually, and may be revoked whenever it is ascertained that the state- ments required to be made by this section are not true. Upon such revocation, notice thereof shall be given by the insurance commissioner, by publication in some newspaper published in the city and county of San Francisco, for two weeks, daily, and no new contracts shall be made by such company in this state. "When any other state or country imposes any additional license, fees, taxes, or penalties upon any corporation organized or doing business under this act, like license, fees, taxes, or penalties shall be imposed upon corporations of the same kind, and their agents, of such state or country doing business in this state. Limitations of contract. Applications for insurance. False statements, penalty for. Sec. 6. No corporation doing business under this act (except accident or casualty corporations) shall issue a contract of insurance upon the life of any animal after it has passed its fifteenth birthday. Every such contract of insurance shall be founded upon written application therefor, and (except when the application is for health, accident, or casualty insurance only, or for one hundred dollars life insurance, or less) such application shall be accompanied by the report of a reputable veterinarian, containing a detailed statement of his examination of the animal, and showing the animal to be in good health, and recommending the issuance of a contract of insurance. Any solicitor, agent, employee, examining veterinarian, or other person making a false or fraudulent statement to any corporation doing business under this act, with refer- ence to any application for insurance, or for the purpose of obtaining any money or benefit from such corporation, shall be guilty of a misde- meanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprison- INSURANCE. VJ2'S ment in tlie county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court; and any person who shall make a false statement of any material fact or thing in a sworn statement as to the death or disability of an animal of the contract-holder in any such corporation, for the purpose of ])rocuring or aiding the beneficiary or beneficiaries, or contract- holder, in procuring the payment of a benefit named in the contract, shall be guilty of perjury, and may be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury. Benefits not liable to attachments. Sec. 7. The money, benefit, annuities, endowment, charity, relief, or aid to be paid as provided by the contracts issued by any corporation . doing business under this act, shall not be liable to attachment or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by operation of law, to pay any debts or liability of the contract-holder, or any beneficiary named thereunder. Annual statement to be filed. See. 8. Every domestic and foreign corporation doing business under this act, shall, annually, on or before the first day of February, file with the insurance commissioner, in such form as he shall prescribe, a state- ment of the affairs for the year ending on the preceding thirty-first day of December. The insurance commissioner, in person or by duly author- ized deputy, shall have the power of examination into the affairs of any domestic corporation doing business or claiming to do business under this act, at any time, in his discretion, and shall make such examination at least once a year. When corporation may have license revoked. Sec. 9. If the insurance commissioner, after examination of the affairs of a corporation, shall find that such corporation is not doing its business in conformity to this act, or that it is doing a fraudulent or unlawful business, or that it is not carrying out its terms of contract, or that it cannot within three months from the date of notice of default pay its obligations, he shall cite the president, secretary, manager, or general agent of said corporation, or all of them, to appear before him (stating the time and place) to show cause why the authority of such corporation to do business shall not be revoked; and if they cannot show cause, then he shall report the facts to the attorney-general of this state, who shall commence proceedings in the proper court to restrain said corporation from doing any further business. Assessments, notice of to be mailed. Sec. 10. No policy or certificate issued by any corporation or associa- tion doing business under the provisions of this act shall lapse or be lapsed for the non-payment of any assessments, dues, or premiums, unless the corporation or association has first mailed to the insured under 1924 APPENDIX. such policy or certificate, at his or her last given post-office address, a notice setting forth the amount to be paid, and the time the same is due and payable; and such notice shall be mailed at least fifteen days before the assessment is due (provided, that such corporations doing business under this act as collect specific amounts at specific dates, as contained in the contract, shall not be compelled to send such notices), and an affidavit made by the officer, book-keeper, or clerk of any such corpora- tion having charge of the mailing of notices, setting forth the facts as they appear on tJie records in the office of the said corporation, showing that such notice was mailed and the date of mailing, shall constitute conclusive evidence of the mailing of such notice. Fees for filing statements, etc. Sec. 12. The fees for filing statements, certificates, or other docu- ments required by this act, or for any service or act of the insurance commissioner, and the penalties for any violation of this act, shall, except as otherwise provided herein, be the same as provided in the laws of this state relating to life-insurance companies, and shall be disposed of as provided by such law. Expenses of insurance commissioner, how paid. Sec. 13. And for all lawful expenses under this act, or by reason of any of its provisions in the prosecution of any suit or proceedings, or otherwise, for the enforcement of the provisions of this act, the insur- ance commissioner must present bills duly certified by him and accom- panied with vouchers, to the state board of examiners, who must allow the same, and direct payment thereof to be made; and the state con- troller shall draw warrants therefor on the state treasurer for the pay- ment of the same to the insurance commissioner, in addition to the ordinary contingent expenses, which warrant shall be payable out of the general fund. Sec. 14. This act shall take effect immediately. IRRIGATION. Laws relating to: See ante, pp. 513-562. LIENS. 1925 LIENS. An Act giving a lien to loggers and laborers, employed in logging-camps, •upon the logs cut and hauled by the persons who employ them. [1. Approved March 30, 1878; Stats. 1877-78, p. 747. 2. Amended April 12, 1880; Stats. 18S0, p. 38. 3. Amended March 8, 1887; Stats. 1887, p. 53.] § 1. Labor with logs; lien upon. § 2. Lien to cease; how and when. § 3. Suits to be commenced in proper courts. § 4. Plaintiff to have lumber attached. § 5. Clerk to issue writ. § 6. Sheriff to attach lo£;s. § 7. Sections made applicable. § 8. Attachment; how made. § 9. Where lien shall extend. Labor with logs; lien upon. Section 1. A person who labors at cutting, hauling, rafting, or driving logs or lumber, or who performs any labor in or about a logging-camp necessary for the getting out or transportation of logs or lumber, shall have a lien thereon for the amount due for his personal services, which shall take precedence of all other claims, to continue for thirty days after the logs or lumber arrive at the place of destination, for sale or manufacture, except as hereinafter provided. fAmendment. Approved April 12, 1880; Stats. 1880, p. 38.] Lien to cease; how and when. See. 2. The lien hereby created shall cease and determine nnless the claimant thereof shall, within twenty days from the time of such labor shall have been completed, file and record in the office of the county recorder of the county where such labor was performed a verified claim, containing a statement: First. Of his demand, after deducting all just credits and offsets. Second. The time within which such labor was done. Third. The name of the person or persons for which the same was done. Fourth. The place where the logs or timber upon which such lien is claimed are believed to be situated, and the marks upon the same. Fifth. The reputed owner thereof; and, Sixth. The reputed owner Of the land from which the same were cut and hauled. Suits to be commenced in proper courts. Sec. 3. All liens hereby provided for shall cease and determine unless suit to foreclose the same shall be commenced in the proper court within twenty-five davs from the time the same are filed, [Amendment. Ap- proved April 12, 1880; Stats. 1880, p. 39.] 1926 APPENDIX. Plaintiff to have lumber attached. Sec. 4. The plaintiff in any such suit, at the time of issuing the summons, or at any time afterward, may have the logs or timber upon which such lien subsists attached, as further security for the payment of any judgment he may recover, unless defendant give him good and sufficient security to pay such judgment, in which event such logs shall be forthwith discharged by the sheriff from such attachment, and from the lien hereby created. Clerk to issue writ. Sec. 5. The clerk of the court must issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, showing: First. That defendant is indebted to the plaintiff upon a demand for labor, for which his claim has been duly filed in accordance with section two of this act. Second. That the sum for which the attachment is asked is an actual bona fide existing debt, due and owing from the defendant to the plain- tiff, and that the attachment is not sought, and the action is not prose- cuted, to hinder, delay, or defraud any creditor or creditors of the defend- ant. Sheriff to attach logs. Sec. 6. The writ must be directed to the sheriff of the county, nnd must require him to attach and safely keep the logs and timber specified in such lien, or so much thereof as may be sufficient to satisfy plaintiff's demand, unless the defendant give good and sufficient security, as provided in this act, in which case to take such security and discharge any attach- ment he may have made, and to deliver up such logs to defendant, who shall receive the same free from the lien upon which such suit is brought. Sections made applicable. Sec. 7. Sections five hundred and thirty-nine, eleven hundred and eighty-nine, eleven hundred and ninety-five, eleven hundred and ninety- seven, eleven hundred and ninety-eight, and eleven hundred and ninety- nine of the Code of Civil Procedure are hereby made applicable to this act. [Amendment. Approved March 8, 1887; Stats. 1887, p. 53.] Attachment; how made. Sec. 8. Such attachment shall be made by taking such logs into pos- session, and the sheriff shall make an inventory and return of his pro- ceedings as directed in chapter four, titie seven, of the Code of Civil Procedure. Where lien shall extend. Sec. 9. The lien provided for by this act shall in no case extend beyond the limits of the county in which the logs or timber in contro- versy were cut. MASTER AND SERVANT — MINES AND MINING. 1927 Sec. 10. This act shall take effect and be in force from aucl after its passage. Code commissioner's note. ■Concerning this statute the code commissioner says that so much of it as it is deemed necessary to preserve is codified by § 3065 of the Civil Code. See ante, Legislation § 3065. As there was no repeal oi this Statute, however, it is inserted here. MASTER AND SERVANT. An Act to provide for a liinch-liour for laborers in sawmills, slialcc-mills, shingle-mills, and logging-camps. [Approved February 28, 1901; Stats. 1901, p. 75.] S 1. Lunch-hour for laborers in lumber camps and mills. § 2. Punishment for violating statute. Lunch-hour for laborers in lumber camps and mills. Section 1. Every person, corporation, copartnership, or company oper- ating a sawmill, shake-mill, shingle-mill, or logging-oanip, in the state of California, shall allow to his or its employees, workmen, and laborers a period of not less than one hour at noon for the midday meal. Punishment for violating statute. Sec. 2. Any person, corporation, copartnership, or company, his or its agents, servants, or managers, violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars nor less than one hundred dollars for each violation of the provisions of this act. Sec. 3. This act shall take effect and be in force on the first day of Aj)ril, nineteen hundred and one. MINES AND MINING. An Act for the protection of Miners. [Approved March 16, 1872; Stats. 1871-72, p. 413.] § 1. Protection of miners. § 2. Escape-shaft. § 3. Liabilities. Damages. Protection of miners. Section 1. It shall not be lawful for any corporation, association, owner, or owners of any quartz-miniug claims within the state of Cali- fornia, where such corporation, association, owner, or owners employ twelve men daily, to sink down into such mine or mines any perpen- 1928 APPENDIX. dicular shaft or incline beyond a depth from the surface of three liun- dred feet without providing a second mode of egress from such mine, by shaft or tunnel, to connect with the main shaft at a depth of not less than one hundred feet from the surface. Escape-shaft. 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 hundred feet, and where the number of men employed therein daily shall be twelve or more, to proceed to sink another sliaft or construct a tunnel so as to connect with the main working-shaft of such mine as a mode of escape from underground accident or otherwise. And all corporations, asso- ciations, owner, or owners of mines as aforesaid, 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 provided. Liabilities. Damages. 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 herein contemplated, and where any accident shall occur, or any miner working therein shall be hurt or injured, and from such injury might have escaped if the second mode of egress had existed, such corpora- tion, association, owner, or owners of the mine where the injuries shall have occurred, shall be liable to the person injured in all damages that may accrue by reason thereof; and an action at law in a court of com- petent 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 surviving the deceased may commence an action for the recovery of such damages as provided by an act entitled an act requiring compensation for causing death by wrongful act, neglect, or default, approved April twenty-sixth, eighteen hundred and sixty-two. Sec. 4. This act shall take effect and be in force six months from and after its passage. ORPHANS. See ante, tit. "Infancy." EAILROADS. 1929 RAILROADS. An Act to confirm, ratify, and make valid ordinances heretofore passed hy the Trustees, Council, or other body intrusted with the Government of any incorporated city, city and county, or toton, giving authority and per- mission to propel cars upon railroad tracks laid through the streets and public highivays of such incorporated city, city and county, or town, hy electricity. [Approved February 25, 1891; Stats. 1891, p. 12.] Ordinances giving authority to propel cars by electricity, ratified. Section 1. In all cases where, prior to the passage of this act, author- ity to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, has been obtained for a term of years, not exceeding fifty, from the trustees, council, or other body to whom was intrusted the government of the city, city and county, or town, and permission has been granted by such governing body to propel cars upon such tracks by electricity, such authority and permission shall be, and shall be held and deemed as valid and legal as the same would have been, if, at the time of the obtaining thereof, section four hundred and ninety-seven of the Civil Code had expressly declared that permission might be given to propel ears upon such tracks by electricity, as well as by horses, mules, or wire ropes running under the streets and propelled by stationary steam-engines; provided, that all such permissions or franchises heretofore granted shall be subject to the provisions of the laws of this state applicable to street-railroads in general, and subject to the same regulations from city, city and county, and town authorities as if the said franchises were hereafter granted. Sec. 2. This act shall take effect and be in force from and after its passage. Constitutional: People r. Los Angeles etc. Ry. Co., 91 Cal. 338. An Act to enable railroad companies to complete their railroads, [Approved April 1, 1878; Stats. 1877-78, p. 944.] Authorizing construction of railroads. Section 1. Every railroad company heretofore organized under the laws of this state, and which has completed a portion of its road prior to the passage of this act, is hereby authorized and empowered to com- plete its road as described in its articles of incorporation, notwithstand- ing it may not have begun the construction of its road within two years after filing its original articles of incorporation, and notwith- standing it may not have completed and put in operation five miles of its road each year thereafter. Sec. 2. This act shall take effect from and after its passage. 1930 APPENDIX. An Act to create the office of Commissioner of Transportation, and to de- fine its poivers and duties; to fix the maximiim charges for transporting passengers and freights on certain railroads, and to prevent extortioiu and unjust discrimination thereon. [1. Approved April 1, 1878; Stats. 1877-78, p. 969. 2. Repealed March 19, 1909; Stats. 1909, p. 499.] The act of April 1, 1878 (Stats. 1877-78, p. 969), repealed the pre- vious act of similar character of April 3, 1876 (Stats. 1875-76, p. 783). An Act to organise and define the powers of the Board of Eailroad Corru- missioners. [1. Approved April 15, 1880; Stats. 1880, p. 45. 2. Repealed March 19, 1909; Stats. 1909, p. 499.] An Act providing for the organisation of the railroad commission of the state of California, defining its powers and duties and the powers and duties of transportation companies, their officers and employees, and de- fining offenses by transportation companies, their officers, employees and other persons, and providing penalties therefor; and repealing an act entitled "An Act to create the office of commissioner of transportation, and to define its powers and duties; to fix the maximum charges for transporting passengers and freight on certain railroads, and to prevent extortion and unjust discrimination therein," approved April 1, 1878, and also repealing an act entitled "An Act to organize and define the powers of the hoard of railroad commissioners," approved April 15, 1880. [Approved March 19, 1909; Stats. 1909, p. 499.] This act, 2921, is printed in its entirety on pp. 1062-1081. An Act to limit and fix the rates of fares on street-railroads in cities and towns of more than one hundred thousand inliabitants. [Approved January 1, 1878; Stats. 1877-78, p. 18.] § 1. Rates of fare of street-railroads. § 2. Violation and forfeiture. Rates of fare of street-railroads. Section 1. No street-railroad in any city or town of this state, with more than one hundred thousand inhabitants, shall be allowed to charge or collect a higher rate of fare than five cents for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections. Violation and forfeiture. Sec. 2. Every violation of the provisions of section one of this act shall subject the owner or owners of the street-railroad violating the RAILROADS. 1931 same to a forfeiture to the person so unlawfully charged, or paying more than is therein allowed to be charged, the sura of two hundred and fifty dollars for each and every instance when such unlawful charge is made or collected, to be recovered by suit in any court of competent jurisdiction; such causes of action shall be assignable, and the action may be maintained by the assignee in his own name, and several causes of action arising out of unlawful charges or collections from different persons may be vested in the assignee and united in the same action. Sec. 3. This act shall be in force from its passage. An Act to limit the time within which franchises or privileges for the cori- struclian, extension, or operation of street-railroads may he granted by Boards of Supervisors of the several counties, and cities and counties, of this state. [Approved February 24, 1893; Stats. 1893, p. 29.] § 1. Limit of time within which franchises may be granted. § 2. Validity of franchise. § 3. Conflicting acts repealed. Limit of time within which franchise may be granted. Section 1. It shall be unlawful for the board of supervisors of any county, or city and county, v/ithin the ninety days next preceding the date of holding a general election, and within the seventy days next immediately following, including the day of holding such general elec- tion, to authorize or pass any ordinance, order, or resolution granting to any person or persons, or association of persons, or corporation what- soever, any privilege or franchise for the construction, extension, or operation of any street-railroad, or extension of time for the construc- tion or operation of any street-railroad, over or upon any or part of any street, road, highway, squares, or park within the county, or city and county. Validity of franchise. Sec. 2. Any franchise or privilege granted, or attempted to be granted, in violation of, or contrary to, the provisions of this act shall be absolutely void and of no effect. Conflicting acts repealed. Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its passage. Sale of street-railroad franchises. Compare, in connection with this act, the act of Stals. 1901, p. 265, which became a law, under constitutional provision, with- out governor's approval, March 11, 1901. See also the decision in Hortou t. City of Los Angeles, 119 Cal. 602. 1932 APPENDIX. An Act requiring city, city and county, or town aibtJiorities to exact and require from persons or corporations seeking permission and authority to lay railroad tracks through streets or public highways of any incor- porated city, city and county, or town, a satisfactory promise and under- taking to permit and allow mail-carriers in the employ of the United States government at all times, while engaged in the actual discharge of duty, to ride on the cars of such railroad without paying fare; and to make such promise and undertaking a condition precedent to the granting of such permission and authority by such governing board, [Approved February 27, 1893; Stats. 1893, p. 44.] Mail-carriers, permitted to ride free on railroads. Section 1. In all cases hereafter, where application is made to the city, city and county, or town authorities, or to the trustees, council, or other body to whom is intrusted the government of the city, city and county, or town, for permission and authority to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, such authorities, before granting such permission and authority, in addition to the terms and restrictions which they are now, by law, authorized to impose, must exact and require from the persons or corporation asking or seeking such permission and authority, a satis- factory promise and undertaking to permit and allow mail-carriers in the employ of the United States government, at all times, while en- gaged in the actual discharge of duty, to ride on the cars of such rail- road without paying any sum of money whatever for fare or other- wise. And such governing body of city, city and county, or town authorities must make such promise and undertaking on the part of such persons or corporations a condition precedent to the granting of such permission and authority to lay railroad tracks through streets or public highway's of such city, city and county, or town; provided, that all such permissions and franchises shall be subject to all other provis- ions of the laws of this state applicable to street-railroads in general, and subject to regulations from city, city and county, and town authori- ties. Sec. 2. This act shall take effect and be in full force from and after ita passage. TRADE-MARKS. 193J TRADE-MARKS. An Act to protect the owners of hottles, boxes, siphons, and Tcegs used in the sale of soda-ivaters, mineral or aerated waters, porter, ale, cider, ginger-ale, milk, cream, small beer, lager-beer, weiss beer, beer, white beer, or other beverages. [1. Approved March 31, 1891; Stats. 1891, p. 217. 2. Amended March 5, 1903; Stats. 1903, p. 83.] § 1. Description to be filed with county clerk. § 2. Unlawful acts. § 3. Use presumptively unlawful. S 4. Issue of search-warrants. Punishment. § 5. Deposit not to bo deemed a sale. § 6. Refiling of marks not required. Description to be filed with county clerk. Section 1. Any and all persons engaged in mannfacturing, bottling, or selling soda-waters, mineral or aerated waters, porter, ale, beer, cider, ginger-ale, milk, cream, small beer, lager-beer, weiss beer, white beer, or other beverages in bottles, siphons, or kegs, with his, her, its, or their name or names, or other marks or devices branded, stamped, engraved, etched, and blown, impressed, or otherwise produced upon such bottles, siphons, or kegs, or the boxes used by him, her, it, or them, may file, in the office of the clerk of the county in which his, her, its, or their principal place of business is situated, and also in the office of the secretary of state, a description of the name or names, marks or devices, so used by him, her, it, or them, respectively, and cause such description to be printed once in each week for three weeks succes- sively, in a newspaper published in the county in which said notice may have been filed as aforesaid. Unlawful acts. Sec. 2. It is hereby declared to be unlawful for any person or per- sons, corporation or corporations, to fill with soda-waters, mineral or aerated waters, porter, ale, cider, ginger-ale, milk, cream, beer, small beer, lager-beer, weiss beer, white beer, or other beverages, or with medicine, compounds, or mixtures, any bottle, box, siphon, or keg, so marked or distinguished, as aforesaid, with or by any name, mark, or de- vice of which a description shall have been filed and published, as pro- vided in section one of this act, or deface, erase, obliterate, cover up, or otherwise remove or conceal any such name, mark, or device thereon, or to sell, buy, give, take, or otherwise dispose of or traffic in the same, without the written consent of, or unless the same shall have been purchased from the person or persons, corporation or corporations, whose mark or device shall be or shall have been in or upon the bottle, box, siphon, or keg so filled, trafficked in, used, or handled as aforesaid. Any person or persons or corporation offending against the provisions of this 1934 APPENDIX. section shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment not less than ten days nor more than six months, or by a fine of fifty cents for each and every such bottle, box, siphon, or keg so filled, sold, used, disposed of, bought, or traflicked in, or by both such fine and imprisonment; and for each subsequent offense by imprisonment not less than twenty days nor more than one year, or by a fine of not less than one dollar nor more than five dollars, for each and every bottle, box, siphon, and keg so filled, sold, used, disposed of, bought, or traflHcked in, or by both such fine and imprisonment, in the discretion of the magistrate before whom the offense shall be tried. Use presumptively unlawful. Sec. 3. The use by any person other than the person or persons, corporation or corporations, whose device, name, or mark shall be or shall have been upon the same, without such written consent or pur- chase, as aforesaid, of any such mark or distinguished bottle, box, siphon, or keg, a description of the name, mark, or device whereon shall have been filed and published, as herein provided, for the sale therein of soda-waters, mineral or aerated waters, porter, ale, cider, ginger-ale, milk, cream, beer, small beer, lager-beer, weiss beer, white beer, or other beverages, _or any article of merchandise, medicines, compounds, or preparations, or for the furnishing of such or similar beverages to customers, or the buying, selling, using, disposing of, or trafficking in of any such bottles, boxes, siphons, or kegs, by any person other than said persons or corporations having a name, mark, or device thereon, or such owner, without such written consent, or the having by any junk dealer, or dealer in second-hand articles, possession of any such bottles, boxes, siphons, or kegs, a description of the marks, names, or devices wherein shall have been so filed and published as aforesaid, without such written consent, shall and is hereby declared to be pre- sumptive evidence of the said unlawful use, purchase, or traffic in of such bottles, boxes, siphons, or kegs. Issue of search-warrants. Punishment. Sec. 4. Whenever any person, persons, or corporations, mentioned in section one of this act, or his, her, it, [its,] or their agent, shall make oath before any magistrate that he, she, or it has reason to believe, and does believe, that any of his, her, or their bottles, boxes, siphons, or kegs, a description of the names, marks, or devices whereon has been so filed and published, as aforesaid, are being unlawfully used or filled, or had by any person or corporation manufacturing or selling soda, mineral, or aerated waters, porter, ale, cider, giugcr-ale, milk, cream, small beer, lager-beer, weiss beer, white beer, and other beverages, or that any junk dealer, or dealer in second-hand articles, vender of bot- tles, or any other person or corporation, has any such bottles, boxes, siphons, or kegs, in his, her, or its possession, or secreted in any place, the said magistrate must thereupon issue a search-warrant to discover and obtain the same, and may also cause to be brought before him the TRADE-MARKS. 1935 person in whose possession such bottles, boxes, siphons, or Ttegs may be found, and then inquire into the circumstances of such possession; and if said magistrate finds that such person has been guilty of a violation of section two of this act, he must impose the punishment therein pre- scribed, and he shall also award possession of the property taken upon such search-warrant to the owner thereof. Deposit not to be deemed a sale. Sec. 5. The requiring, taking or accepting of any deposit for any pur- pose, upon any bottle, box, siphon, or keg shall not be deemed or consti- tute a sale of such property, either optional or otherwise, in any pro- ceeding under this act. [Amendment, Approved March 5, 1903; Stats. 1903, p. 83.] Refiling of marks not required. Sec. 6. Any person or persons, corporation or corporations, that has or have heretofore filed in the offices mentioned in section one of this act, a description of the name or names, marks, or devices, upon his, her, their, or its property therein mentioned, and has caused the same to be published according to the laws existing at the time of such filing and publication shall not be required to again file and publish such descrip- tion to be entitled to the benefits of this act; and any person or persons, corporation or corporations, having complied with the provisions of this act may as a part of the sale, assignment or transfer of all his, her, their or its said bottles, boxes, siphons, or kegs, used as aforesaid, with his, her, their or its name or names or other marks or devices, branded, stamped, engraved, etched, and blown, impressed or otherwise produced upon such bottles, boxes, siphons and kegs, to any other person or per- sons, corporation or corporations, engaged in manufacturing, bottling, or selling soda-waters, mineral or aerated waters, porter, ale, beer, cider, giuger-ale, milk, cream, small beer, lager-beer, weiss beer, white beer or other beverages, sell, assign, and transfer the sole and exclusive right of using said name or names, marks and devices in said business. And in the event of such sale, transfer or assignment as aforesaid, or in the event of the transfer by operation of law or by sale under order of any court of the entire business of such person or persons, corporation or corporations, or of the entire stock of bottles, boxes, siphons or kegs belonging to them, him, her or it, to any person or persons, corporation or corporations, engaged in manufacturing, bottling or selling soda- waters, mineral or aerated waters, porter, ale, beer, cider, ginger-ale, milk[,] cream, small beer, lager-beer, weiss beer, white beer or other beverages, such person or persons, corporation or corporations, shall not be again required to file and publish a description of said name or names, marks or devices, hereunder, but shall be entitled to all the benefits of this act immediately upon acquiring such bottles, boxes, si- ;)hons or kegs or such business as aforesaid. [Amendment. Approved March 5, 1903; Stats. 1903, p. 83.] See. 7. All acts and parts of acts, inconsistent herewith are for the purpose of this act, hereby repealed. 1936, APPENDIX. WATER COMPANIES. Irrigation: See General Laws, tit. "Irrigation." An Act to regulate and control the sale, rental, and distribution of appro- priated water in this state, other than in any city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the places of use. [1. Approved March 12, 1885; Stats. 1885, p. 95. 2. Amended March 2, 1897; Stats. 1897, p. 49. 3. Amended February 28, 1901; Stats. 1901, p. 80.1 1. Use of appropriated public water. § 2, § 3, § 4, § 5, § 6 § 7, § 8, § 9 § 10 §11, Supervisors may fix rates. Petition for fixing rates. Hearing of petition. Value of water-worka. Rules to be observed in fixing rates. Changing rates. Record of rates to be published. Water to be furnished at rates fixed. Penalty for excessive charges. To sell to all persons. Condemning land for right of way. § llj. Contracts in existence, how affected. Use of appropriated pulilic water. Section 1. The use of all water now appropriated, or tliat may here- after be appropriated, for irrigation, sale, rental, or distribution, is a public use, and the right to collect rates or compensation for use of such water is a franchise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regulated and controlled in the counties of this state by the several boards of super- visors thereof, in the manner prescribed in this act. Supervisors may fix rates. Sec. 2. The several boards of supervisors of this state, on petition and notice as provided in section three of this act, are hereby authorized and required to fix and regulate the maximum rates at which any person, company, association, or corporation, having or to have appropriated water for sale, rental, or distribution, in each of such counties, may and shall sell, rent, or distribute the same. Petition for fixing rates. Sec. 3. Whenever a petition of not less than twenty-five inhabitants, who are taxpayers of any county of this state, shall, in writing, petition the board of supervisors thereof, to be filed with the clerk of said board, to regulate and control the rates and compensation to be col- lected by any person, company, association, or corporation, for the sale, rental, or distribution of any appropriated water, to any of the inhabi- tants of such county, and shall in such petition specify the persons, WATER COMPANIES. 1937 companies, associations, or corporations, or any one or more of them, whose water rates are therein petitioned to be regulated or controlled, the clerk of such board shall immediately cause such petition, together with a notice of the time and place of hearing thereof, to be published in one or more newspapers published in such county; and if no news- paper be published therein, then shall cause copies of such petition and notice to be posted in not less than three public places in such counties, and such publication and notice shall be for not less than four weeks next before the hearing of said petition by said board; such notice to be attached to said petition shall specify a day of the next regular term of the session of the said board, not less than thirty days after the first publication or posting thereof, for the hearing of said petition, which shall impart notice to all such persons, companies, associations, and corporations, mentioned in such petition, and all persons interested iu the matters of such petition and notice. Such board may also cause citations to issue to any person or persons within such county, to attend and give evidence at the hearing of such petition, and may compel such attendance by attachment. Hearing of petition. Value of water-works. Sec. 4. At the hearing of said petition the board of supervisors shall estimate, as near as may be, the value of the canals, ditches, flumes, water-chutes, and all other property actually used and useful to the appropriation and furnishing of such water, belonging to and possessed by each person, association, company, or corporation, whose franchise shall be so regulated and controlled; and shall in like manner estimate as to each of such persons, companies, associations, and corporations, their annual reasonable expenses, including the cost of repairs, manage- ment, and operating such works; and, for the purpose of such ascertain- ment, may require the attendance of persons to give evidence, and the production of papers, books, and accounts, and may compel the attend- ance of such persons and the production of papers, books, and accounts, by attachments, if within their respective counties. Rules to be observed in fixing rates. Sec. 5. In the regulation and control of such water rates for each of such persons, companies, associations, and corporations, such board of supervisors may establish different rates at which water may and shall be sold, rented, or distributed, as the case may be; and may also estab- lish different rates and compensation for such water so to be furnished for the several different uses, such as mining, irrigating, mechanical, manufacturing, and domestic, for which such water shall be supplied to such inhabitants, but such rates as to each class shall be equal and uniform. Said board of supervisors, in fixing such rates, shall, as near as may be, so adjust them that the net annual receipts and profits thereof to the said persons, companies, associations, and corporations so furnish- ing such water to such inhabitants shall be not less than six nor more than eighteen per cent upon the said value of the canals, ditches, flumes, chutes, and all other property actually used and useful to the Gen. Laws — 117 1938 APPENDIX. appropriation and furnisliing of such water of eacli of sncli persons, companies, associations, and corporations; but in estimating such net receipts and profits, the cost of any extensions, enlargements, or other permanent improvements of such water rights or water-works shall not be included as part of the said expenses of management, repairs, and operating of such works, but when accomplished, may and shall be in- cluded in the present cost and cash value of such work. In fixing said rates, within the limits aforesaid, at which water shall be so furnished as to each of such persons, companies, associations, and corporations, each of said board of supervisors may likewise take into estimation any and all other facts, circumstances, and conditions pertinent thereto, to the end and purpose that said rates shall be equal, reasonable and just, both to such persons, companies, associations, and corporations, and to said inhabitants; and each such board of supervisors shall designate what proportion of the rates so fixed shall be for the said annual reasonable expenses of each of such persons, companies, associations or corporations, and what proportion of the rates so fixed shall be for the said net annual receipts and profits to such persons, companies, associa- tions or corporations. The said rates, when so fixed by such board, shall be binding and conclusive for not less than one year next after their establishment, and until established anew or abrogated by such board of supervisors, as hereinafter provided. And until such rates shall be so established or after they shall have been abrogated by such board of supervisors, as in this act provided, the actual rates established and collected by each of the persons, companies, associations, and corpora- tions now furnishing, or that shall hereafter furnish, appropriated waters for sale, rental, or distribution to the inhabitants of any of the counties of this state, shall be deemed and accepted as the legally established rates thereof. [Amendment. Approved February 28, 1901j Stats. 1901, p. 80.] Changing rates. See. 6. At any time after the establishment of such water rates by any board of supervisors of this state, the same may be established anew, or abrogated in whole or in part by such board, to take effect not less than one year next after such first establishment, but subject to said limitation of one year, to take effect immediately in the following man- ner: Upon the written petition of inhabitants as hereinbefore provided, or upon the written petition of any of the persons, companies, associa- tions, or corporations, the rates and compensations of whose appropriated waters have already been fixed and regulated, and are still subject to such regulation by any board of supervisors of this state, as in this act provided; and upon the like publication or posting of such petition and notice, and for the like period of time as hereinbefore provided, such board of supervisors shall proceed anew, in the manner hereinbefore pro- vided, to fix and establish the water rates for such person, company, association, or corporation, or any number of them, in llio same manner as if such rates had not been previously established, and may, upon the WATER COMPANIES. 1939 petition of such inhabitants, but not otherwise, abrogate any and all existing rates theretofore established by such board. All water rates, when fixed and established as herein provided, shall be in force and effect until established anew or abrogated, as provided in this act. Record of rates to be published. Sec. 7. Each board of supervisors of this state, when fixing and estab- lishing, or fixing and establishing anew, or abolishing any previously established water rates, as hereinbefore provided, shall cause a record to be made thereof in the records of such board, and cause the same to be published or posted in the manner and for the time required for the publication or posting of said petitions and notices. Water to be furnished at rates fixed. Sec. 8. Any and all persons, companies, associations, or corporations, furnishing for sale, rental, or distribution, any appropriated waters to the inhabitants of any county or counties of this state (other than to the inhabitants of any city, city and county, or town, therein), shall so sell, rent, or distribute such waters at rates not exceeding the estab- lished rates fixed and regulated therefor by the boards of supervisors of such counties, or as fixed and established by such person, company, association, or corporation, as provided in this act. Penalty for excessive charges. Sec. 9. If any person, company, association, or corporation, whose water rates for any county of this state have been fixed and regulated by a board of supervisors, as in this act provided, and while such rates are in force, shall collect for any appropriated water furnished to any inhabitant of such county water rates in excess of such established rates, shall be liable, in an action by any such inhabitant so aggrieved, to a recovery of the whole rate so collected, together with actual damages sustained by such inhabitant, with costs of suit. To sell to all persons. Sec. 10. Every person, company, association, and corporation, having in any county in the state (other than in any city, city and county, or town, therein) appropriated waters for sale, rental, or distribution, to the inhabitants of such county, upon demand therefor, and tender in money, of such established water rates, shall be obliged to sell, rent, or distribute such water to such inhabitants at the established rates regu- lated and fixed therefor, as in this act provided, whether so fixed by the board of supervisors or otherwise, to the extent of the actual supply of such appropriated waters of such person, company, association, or cor- poration, for such purposes. If any person, company, association, or cor- poration, having water for such use, shall refuse compliance with such demand, or shall neglect, for the period of five days after such demand, to comply therewith to the extent of his or its reasonable ability so to do, shall be liable in damages to the extent of the actual injury sus- 1940 APPENDIX. tained by the person or party making such demand and tender, to be recovered, with costs. Condemning land for right of way. Sec. 11. Whenever any person, company, association, or corporation, shall have acquired the right to appropriated water, or shall have ac- quired the right to appropriate such water in this state, such person, company, association, or corporation, may proceed to condemn the lands and premises necessary to such right of way, under the provisions of title seven, of part third, of the Code of Civil Procedure of this state, and amendments made and to be made thereto, and all the provisions of said code, so far as the same can be made applicable, relating to the condemnation and taking of property for public uses, shall be applicable to the provisions of this act. Contracts in existence, how affected. Sec. 11V2- Nothing in this act contained shall be construed to pro- hibit or invalidate any contract already made, or which shall hereafter be made, by or with any of the persons, companies, associations, or cor- porations described in section two of this act, relating to the sale, rental, or distribution of water, or to the sale or rental of easements and servitudes of the right to the flow and use of water; nor to prohibit or interfere with the vesting of rights under anv such contract. [New section. Added March 2, 1897; Stats. 1897, p. 49.] Sec. 12. This act shall take effect and be in force from and after its passage. APPENDIX— SUBJECTS OF CODE OF CIVIL P£0(EDUEE. (1941) APPENDIX— SUBJECTS OF CODE OE CIVIL PROCEDURE. BURNT OE DESTROYED RECORDS OR DOCUI\IENTS. An Act to provide for the establishment and quieting of title to real prop- erty in case of the loss or destruction of piiblic records. [1. Approved June 16, 1906; Stats. 1906, p. 78. 2. Amended March 6, 1909; Stnta. 1909, p. 163.] § 1. Establishment and quieting of title to real property when public records are lost. § 2. Action commenced how. § 3. Filing of complaint and issue of summons. § 4. Publication of summons. § 5. Affidavit. § 6. Service of summons. On resident of this state. On nonresident. § 7. Jurisdiction of court. § 8. Answer to complaint. § 9. Record of pendency of action. § 10. Judgment not to be given by default. § 11. Judgment. § 12. Rules of practice. § 13. Numbering and indexing of actions. § 14. Judgment entered prevents further action, except. § 15. Executor, etc., may maintain action. § 16. County includes what. § 17. Remedies deemed cumulative. § 18. Actions to be commenced when. Establishment and quieting of title to real property when puhlic records are lost. Section 1. Whenever the public records in the office of a county- recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire or earthquake, any person who claims an estate of inheritance, or for life in, and who is by himself or his tenant, or other person, holding under him, in the actual and peaceable possession of any real property in such county, may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all adverse claims thereto. Any number of separate parcels of land claimed by the plaintiff may be included in the same action. Action commenced how. Sec. 2. The action shall be commenced by the filing of a verified com- plaint, in which the party so commencing the same shall be named as plaintiff, and the defendants shall be described as "all persons claiming any interest in, or lien upon the real property herein described, or any (1943) 1944 APPENDIX. part thereof," and sliall contain a statement of the facts enumerated in section one of this act, a particular description of such real property, and a specification of the estate, title, or interest of the plaintiff therein. Filing of complaint and issue of summons. Sec. 3. Upon the filing of the complaint, a summons must be issued under the seal of the court, which shall contain the name of the court and county in which the action is brought, the name of the plaintiff and a particular description of the real property involved, aud shall be directed to "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof," as defendants, and shall be substantially in the following form: "In the Superior Court of the State of California in and for the County (or city and county) of ." Plaintiff, VS. All Persons Claiming Any Interest in, or Lien upon, r the Eeal Property herein Described or Any Part Action No. thereof. Defendants. The People of the State of California, to All Persons Claiming Any Interest in, or Lien upon, the Eeal Property Herein Described or Any Part thereof. Defendants, Greeting: You are hereby required to appear and answer tlie complaint of , plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the county (or city and county) of , state of California, particularly described as follows: (here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the com- plaint, to wit: (here insert a statement of the relief so demanded.) Witness my hand and the seal of said court, this day of , A. D. . (Seal) , Clerk." Publication of summons. Sec. 4. The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The sum- mons shall be published at least once a week for a period of two months, BURNT OR DESTROYED RECORDS OR DOCUMENTS. 1945 and to each publication thereof shall be appended a memorandum in substance as follows: "The first publication of this summons was made in (here insert name) newspaper on the day of , A. D. ," (inserting the date), Aud if the aflSdavit provided for in section five of this act discloses the name of any person claiming an interest in the property, or a lien thereon adverse to the plaintiff, that fact, together with the name and address (if given) of said person shall be stated in a memorandum to be appended to the summons in substance as follows: "The following persons are said to claim an interest in, or lien upon said property adverse to plaintiff," (giving their names and addresses as above provided). A copy of the summons, together with a copy of the foregoing memoranda, shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within fifteen days after the first publication of the summons. Affidavit. Sec. 5. At the time of filing the complaint, the plaintiff shall file with the same his affidavit, fully and explicitly setting forth and showing (1) the character of his estate, right, title, interest or claim in, and pos- session of the property, during what period the same has existed and from whom obtained; (2) whether or not he has ever made any convey- ance of the property, or any part thereof, or any interest therein, and if so when and to whom; also a statement of any and all subsisting mort- gages, deeds of trust, and other liens thereon; (3) that he docs not know and has never been informed of any other person who claims or who may claim, any interest in, or lien upon, the property or any part thereof, adversely to him, or, if he does know or has been informed of any such person, then the name and address of such person. If the plaintiff is unable to state any one or more of the matters herein required, he shall set forth and show, fully and explicitly, the reasons for such inability. Such affidavit shall constitute a part of the judgment-roll. If the plain- tiff be a corporation, the affidavit shall be made by an officer thereof. If the plaintiff be a person under guardianship the affidavit shall be made by his guardian. Service of summons. On resident of this state. On non-resident. Sec. 6. If the said affidavit discloses the name of any person claiming any interest in, or lien upon, the property adverse to the plaintiir, the summons shall also be personally served upon such person if he can be found within the state, together with a copy of the complaint and a copy of said affidavit during the period of the publication of the sum- mons; and to the copy of the summons delivered to any such person there shall be appended a copy of the memoranda provided for in section four hereof. If such person resides out of this state a copy of the summons, mem- oranda, complaint and affidavit shall be within fifteen days after the first publication of the summons deposited in the United States post- 194G APPENDIX. office, inclosed in a sealed envelope, postage prepaid, addressed to such person at the address given in the affidavit or if no address be given therein, then at the county seat at the county in which the action is brought. If such person resides within this state and could not with due diligence be found within the state, within the period of the publication of the summons, then said copies aforesaid shall be mailed to him as above provided forthwith upon the expiration of said period of pub- lication. Jurisdiction of court. Sec. 7. Upon the completion of the publication and posting of the summons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served the court shall have full and complete jurisdiction over the plaintiff and the said property and of the person of every one having or claiming any estate, right, title or interest, in or to, or lien upon, said property, or any part thereof, and shall be deemed to have obtained the possession and control of said property for the purposes of the action, and shall have full and complete jurisdiction to render the judgment therein which is provided for in this act. Answer to complaint. Sec. 8. At any time within three months from the first publication of the summons, or within such further time, not exceeding thirty days as the court may, for good cause, grant, any person having or claiming any estate, right, title or interest, in or to, or lien upon, said property or any part thereof, may appear and make himself a party to the action by pleading to the complaint. All answers must be verified and must specifically set forth the estate, right, title, interest, or lien so claimed. Record of pendency of action. Sec. 9. The plaintiff must, at the time of filing the complaint, and every defendant claiming any affirmative relief must, at the time of filing his answer, record in the office of the recorder of the county in which the property is situated, a notice of the pendency of the action containing the object of the action or defense, and a particular descrip- tion of the property affected thereby; and the recorder shall record the same in a book devoted exclusively to the recordation of such notices and shall enter, upon a map or plat of the parcels of land, to be kept by him for that purpose, on that part of the map or plat representing the parcel or parcels so described a reference to the date of the filing of such notice and, when recorded, to the book and page of the record thereof. Judgment not to be given by default. Sec. 10. No judgment in any such action shall be given by default; but the court must require proof of the facts a-lleged in the complaint and other pleadings. Judgment. Sec. 11. The judgment shall ascertain and determine all estates, rights, titles, interests and claims in and to said property and every BURNT OR DESTROYED RECORDS OR DOCUMENTS. 1947 part thereof, whether the same be legal or equitable, present or future, vested or contingent, or whether the same consist of mortgages or liens of any description and shall be binding and conclusive upou every person who, at the time of the commencement of the action, had or claimed any estate, right, title, or interest in or to said property, or any part thereof, and upon every person claiming under him by title subseijuent to the commencement of the action. A certified copy of the judgment in such action shall be recorded in the office of the recorder of the county in which said action was commenced, and any party or the successor in interest of any party to said action may, at his option, file for record in the office of the recorder of such county the entire judgment-roll in said action. Rules of practice. Sec. 12. Except as herein otherwise provided, all the provisions and rules of law relating to evidence, pleading, practice, new trials and' appeals applicable to other civil actions shall apply to the actions hereby authorized. At any time after the issuance of the summons, any party to the action may take depositions therein in conformity to law upon notice to the adverse party sought to be bound by such depositions and who have appeared in the action (if any) and upon notice filed with the clerk. The depositions may be used by any party against any other party giving or receiving the notice (except the clerk) subject to all just exceptions. Numbering and Indexing of actions. Sec. 13. The clerk shall number consecutively in a distinct scries all actions hereby authorized and shall keep an index and register thereof devoted exclusively to such actions. Judgment entered prevents further action, except. Sec. 14. Whenever judgment in an action hereby authorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this act shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in section six of this act either within or without this state more than one month before the time to plead expired. Executor, etc., may maintain action. Sec. 15. An executor, administrator or guardian or other person hold- ing the possession of property in the right of another, may maintain, as plaintiff, and may appear and defend in the action herein provided for. Comity includes what. Sec. 16. The word "county" whenever used in this act includes and applies to a consolidated city and county. 1948 APPENDIX. Remedies deemed cumulative. Sec. 17. The remedies provided for by this act shall be deemed cumu- lative, and in addition to any other remedy now or hereafter provided by law for quieting or establishing title to real property. Actions to be commenced when. Sec. 18. All actions authorized hereby must be commenced before January 1, 1911. [Amendment. Approved March 6, 1909; Stats. 1909, p. 163.] Sec. 19. This act shall be in force thirty days after its passage. Construction and constitutionality. The constitutionality of this act was up- held in Title Document and Restoration Company v. Kerrigan, 150 Cal. 289. This case was followed in American Land Company v. Zeiss, decided by United States District Judge Van Fleet on September 14, 1908. This latter case was appealed to the United States circuit court of appeals, which referred the question of the constitutionality of this statute to the United States supreme court. See also Robinson v. Kerrigan, 151 Cal. 45; Hoffman v. Superior Court, 151 Cal. 388, 390. Actual possession is necessary under the act: Lofstad v. Murasky, 152 Cal. 64. As to what constitutes such actual possession, see idem. As to the form and sufficiency of the aifidavit, see Hoffman v. Superior Court, 151 Cal. 386. The grantor of a deed of trust intended as security for a loan of money may maintain an action under this act: C. A. Warren Co. v. All Persons, 153 Cal. 771. An Act supplementary to the act approved June 16, 1906, entitled "An Act to provide for the estailisliment and quieting of title to real prop- erty in case of the loss or destruction of public records," providing for the maTcing and recordation of notice of oivnership or claim to real property. [Approved March 23, 1907; Stats. 1907, p. 950.] § 1. Claim of title to real property when records are lost. § 2. Duty of recorder. § 3. In actions relating to real property, claimants in notice must be named. § 4. Executor may record notice. § 5. Act supplementary to act of 1906. Claim of title to real property when records are lost. Section 1. In any case where the title to real property might be established or quieted under the provisions of the act to wliich this act is supplementary, any person or corporation who is or claims to be the owner of such real property or of any interest therein or lien thereon may, by himself or by his agent, duly authorized by letter of attorney theretofore recorded in the office of the county recorder of the county or city and county where such property is situated, sign, verify and" file for record in the oflice of the said county recorder a notice in substantially the following form, to wit: "Notice of ownership and claim to real property under an act of the legislature of the state of California approved (here insert the date of the passage of this act) , 1907. BURNT OR DESTROYED RECORDS OB DOCUMENTS. 1949 "Notice is hereby given that (here insert name of claimant) , whose residence is at (here insert street and number, city or town, county and state of residence), is the owner of an interest in the real property situated in the (here insert name of city or town if the property be located in a city or town) , county of (here insert name of county or city and county in which property is located) , state of California, described as follows, to wit: (here insert a particular description of real property) . ''The character of the interest in said real property owned by the claimant is (here insert description of the character of interest in or lien upon the real property) and the said interest was obtained from (here insert the name of the party from whom said interest was obtained) , and at the time and in the manner following (here insert time at which and manner in which said interest was acquired) ." Said notice shall be signed by the claimant or by his agent, as here- inbefore provided, and shall be verified by the oath of the party signing it, to the effect that all of the statements therein contained are true to the knowledge of said party. Duty of recorder. Sec. 2. Upon the filing of said notice for recordation the said recorder shall forthwith record said notice in a book devoted exclusively to the recordation of such notices, and shall properly index the same with reference to the name of the claimant, and shall enter upon a map or plat of the parcels of land in the county (which said map or plat shall be kept by him for that purpose and be devoted exclusively thereto), on that part of the map or plat representing the parcel or parcels described in said notice, a reference to the date of the filing of said notice for recordation, and, when recorded, to the book and page of the record thereof. From and after three days after the filing of said notice for record, all persons who may thereafter begin actions under the provisions of the act to which this act is supplementary, s-hall be deemed to have notice of the facts stated in said notice, but neither the filing of said notice for record nor its recordation shall be deemed to give constructive notice to any other person or for any other purpose than as herein pre- scribed. The original of said notice shall remain on file in the oifice of said county recorder. In actions relating to real property, claimants in notice must be named. Sec. 3. Any person who, from and after three days after the date of the filing of such notice for record, shall begin any action relating to the real property described in such notice, to perfect or establish his title thereto, or to any part thereof, or any interest therein, under the pro- visions of the act to which this act is supplementary, must name the claimant in such notice, or any person who is a successor in interest of such claimant under a subsequently duly recorded written instrument, judgment or decree, as a party said to claim an interest in or lien upon the property adverse to the plaintiif in such action in the affidavit and in the memorandum appended to the summons provided for in the act 1950 APPENDIX. to which this act is supplementary, and must cause such claimant, or such successor in interest of such claimant, by virtue of a subsequently duly recorded written instrument, judgment or decree, to be duly served with sftmmons in such action, in the manner provided by the act to which this act is supplementary, otherwise neither the said action nor any judgment or decree which may be given or made therein shall in any wise affect the title or interest in the property described in such notice, owned by the claimant named therein at the time of the filing thereof, or by any successor in interest of such claimant by virtue of a written instrument, judgment or decree duly recorded subsequently to the filing of such notice and prior to the commencement of the action; provided, however, that the failure to name said claimant or such suc- cessor in interest, as aforesaid, in said affidavit or memorandum, or to serve such claimant or such successor in interest, shall not affect the validity of the judgment or decree rendered in such action as to any other persons, but such judgment or decree shall be valid and binding upon all persons except such claimant or such successor in interest. Executor may record notice. Sec. 4. An executor, administrator or guardian, or other person hold- ing the possession of property in the right of another, may make, sign, verify and file for record the notice and affidavit in this act provided for on behalf of the estate or interest which he represents. Act supplementary to act of 1906. Sec. 5. This act shall be supplementary to the act approved June 16, 1906, entitled "An Act to provide for the establishment and quieting of title'to real property in case of the loss or destruction of public records." Sec. 6. This act shall take effect immediately. An Act relating to the restoration of court records which have been lost, injured or destroyed by conflagration or other public calamity. [Approved June 16, 1906; Stats. 1906, p. 73.] § 1. Court records, restoration of those lost or destroyed by conflagration. § 2. Same. § 3. Appeal. Court records, restoration of those lost or destroyed by conflagration. Section 1. Whenever in any action or special proceedings, civil or criminal, in any court of this state, any judgment, decree, order, docu- ment, record, paper, process, or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, any party or person interested therein may, on application by a duly verified petition in writing to such court, and on showing to the satisfaction of such court that the same has been lost, injured or destroyed by conflagration or other public calamity, without fault or neglect of the party or person making euch application, obtain an order from such court upon notice given as provided in section ten BURNT OR DESTROYED RECORDS OB DOCUMENTS. 1951 hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure, authorizing such defect to be supplied by a duly certi- fied copy of such original, where the same can be obtained, which cer- tified copy shall thereafter have the same effect in all respects as such original would have had. Same, Sec. 2. Whenever in any action or special proceeding, civil or crimi- nal, in any court of this state any judgment, decree, order, document, record, paper, process or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, and such defect cannot be supplied as pro- vided in the last section, any party or person interested therein may make written application to the court to which the same belongs, verified by affidavit or affidavits, showing such loss, injury or destruction, and that certified copies thereof cannot be obtained by the party or persons making such application, and that such loss, injury or destruction oc- curred by conflagration, or other calamity, without the fault or neglect of the party making such application, and that such loss, injury or destruction, unless supplied or remedied will or may result in damage to the party or person making such application, and thereupon such court shall cause notice of such application to be given, as provided in section ten hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure. If, upon such hearing the court shall be satisfied that the statements contained in such written application are true, the court shall make an order reciting what was the substance and effect of such lost, injured or destroyed judgment, decree, order, document, record, paper, process or file, which order shall have the same ett'ect that such original would have had if the same had not been lost, injured or de- stroyed, so far as concerns the party or persons making such application, and the persons who shall have been notified, as provided for in this section. The judgment, decree, order, document, record, paper, process, or file in all cases where the proceeding is m rem, including probate, guardianship and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and notice by publication or postings to all persons who have not appeared for not less than ten days, as the court may order, and the same when restored shall have the same effect upon all persons who have been personally served with notice of such application as the original, and as to all other persons the same shall be prima facie evidence of the contents of such original. Appeal. Sec. 3. If an appeal shall have been taken in any action or special proceeding in any superior court in which the record shall have been subsequently lost or destroyed by conflagration or other public calamity, to a district court of appeal or to the supreme court, and a transcript of such record has been filed in such district court of appeal or in the supreme court, any party or person interested in the action or special proceeding may obtain a certified copy of such transcript, or of any portion thereof, from the clerk of the district court of appeal, attested 1952 APPENDIX. by the presiding judge thereof, or from the clerk of the supreme court, attested by the chief justice, and may file such certified and attested copy of such transcript or of any part or portion thereof in the office of the clerk of the superior court from which such appeal was taken. Thereupon such certified and attested copy of such transcript or of any part or portion thereof may be made the basis of any further proceedings or processes in such superior court in such action or special proceeding to all intents and purposes as if the original record so copied, certified and attested, or the part or portion thereof so copied, certified and attested, were on file. Sec. 4. This act shall take effect immediately. CORPORATIONS. An Act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administratian of trusts by such corporations. [1. Approved April 6, 1891; Stats. 1891, p. 490. 2. Amended April 1, 1897; Stats. 1897, p. 424. 3. Amended March 20, 1903; Stats. 1903, p. 244. 4. Amended March 18, 1905; Stats. 1905, p. 232. 5. Amended March 18, 1907; Stats. 1907, p. 562.] Corporation as Executor, Administrator, etc. This act appears in full at p. 1900. In § 1348 of the Code of Civil Procedure, it is provided that cor- porations authorized by their articles of incorporation to act as executor, ad- ministrator, guardian of estates, assignee, receiver, depositary, or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thousand dollars shall have been actually paid in in cash, may be appointed to act in such capacity in lilve manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, re- ceiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such corporation, if such oath shall be taken and subscribed, or such affidavit made, by the president or secretary or manager thereof; and such officer shall be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock and upon the bond required upon its assuming the trusts provided for herein. COSTS. An Act concerning the costs in civil actions for serving summonses and subpoenas. [Approved March 10, 1891; Stals. 1891, p. 56.] Fees for serving "writ. Section 1. In all civil actions, when a summons or subpoena is served by a person other than the sheriff, the person so serving shall be allowed COURTS. 1953 by the court issuing the process such sum as the court may think proper, not exceeding the amount allowed sheriffs by law. Sec. 2. This act shall take effect from and after its passage. Act concerning costs in actions of libel and slander: See post, tit. "Libel." COURTS. The supreme court commission was created originally by act of March 12, 1885 (Stats. 1885, p. 101). It consisted of three members, to hold ofhce for four years. In 1889 the commission was enlarged to five members, to hold office for two years. The commission was recreated by act of the legislature every two years after that time, and continued in existence until act creating it was superseded by constitutional amend- ment creating the district courts of appeal. (See Stats. 1903, p. 737.) An Act to provide that in all cities of over ten tJioxisand iiihahifants, the mayor, or other chief executive, shall not be required to act as city judge, or ex officio judge of the city court, or as justice of the peace; to pro- vide for the aholishment of such city court, and for the transfer of the bminess and properties of said city court to the justice of the peace of such cities, and to require such justice to finish such business, and to repeal all special acts in conflict herewith. [Approved March 8, 1887; Stats. 1887, p. 51.] § 1. Duties of mayor. § 2. Transfer of books, etc., to justice of the peace. § 3. Conflicting acts repealed. Duties of mayor. Section 1. In cities of over ten thousand inhabitants, the mayor, or other chief executive thereof, shall not be required to act as justice of the peace, or to hold a city court, or to act as ex officio city judge, or to perform any of the duties -of judge of the city court; and all city courts created by law to be held by such mayor, or other chief executive of such cities, are hereby abolished. Transfer of books, etc., to justice of the peace. Sec. 2. All books, dockets, files, documents, papers, and properties of every kind whatsoever belonging to such city court, shall be transferred to the justice of the peace of said city, provided for by law, to hold the police court of such city, or if there be no such police court therein, then to such justice of the peace therein as may be designated for such pur- pose by the mayor thereof; and such justice of the peace sliall have jurisdiction of all matters heretofore brought in such city court, or of which said city court had jurisdiction; and it shall be his duty to collect all fines and charges required by law to be collected by such city court, and to account for and pay the same over to the treasurer of said city ,11)54 APPENDIX. in the same manner an3 at the same times and under such terms and conditions as heretofore required of and by said city court. Said jus- tice of the peace shall complete all such unfinished business as may be transferred to him from said city court under the provisions hereof, in the same manner as heretofore required of said city court. Conflicting acts repealed. Sec. 3. The provisions of all acts and every special act of the legis- lature which conflict in any wise witk this act are each and every one hereby repealed. Sec. 4. This act shall take effect and be in force at once after its passage. An Act autJwrising the judges of the superior court in all counties, and cities and counties, having a population of two hundred thousand in- habitants and over, to appoint a secretary. [1. Approved March 26, 1895; Stats. 1895, p. 98. 2. Amended by Stats. 1909, p. 940.] Secretaries to superior judges. Appointment, duties, and salaries. Section 1. In all counties, and cities and counties, having a popula- tion of three hundred thousand inhabitants and over, the judges of the superior court in such counties, and cities and counties, may appoint a secretary, who shall receive a salary of two hundred and fifty (.$250) dollars per month, and hold office at their pleasure, and shall perform such duties as may be required of him by the court or the judges thereof. Said salary shall be audited, allowed, and paid out of the general fund of such counties, and cities and counties. [Amendment. Approved April 16, 1909; Stats. 1909, p. 940.] Sec. 2. This act shall take effect from and after its passage. An Act to provide one additional judge of the superior court of the county of Alameda. [Approved February 13, 1893; Stats. 1893, p. 3.] This act increased the number of judges from three to four. An Act to provide one additional judge of the superior court of the county of Alameda. [Approved March 14, 1901; Stats. 1901, p. 295.] This act increased the number of judges from four to five. COURTS. 1955 An Act to increase ilie num'ber of judges of the superior court of the covnty of Fresno, state of California, and for the appointment of an additional judge. [Approved March 8, 1887: Stats. 1887, p. 57.] This act increased the number of judges from one to two. In Act to facilitate the disposition of business in the superior court of Fresno County, by the appointment and election of a third judge of said court. [Approved March 10, 1893; Stats. 1893, p. 125.] This act increased the number of judges from two to three. in Act to reduce the number of judges of the superior court of the county of Fresno from three to two. [Approved March 26, 1895; Stats. 1895, p. 156.] This act reduced the number of judges from three to two. An Act to provide for the appointment and election of one additional judge for the county of Humboldt. [Approved March 8, 1895; Stats. 1895, p. 27.] This act inci eased the number of judges from one to two. An Act to increase the number of judges of the superior court of thf county of Los Angeles, state of California, and for the appointment of such additional judges. [Approved March 11, 1S89: Stats. 1889, p. 130.] This act increased the number of judges in Los Angeles County from four to six. An Act to provide three (3) additional judges of the superior court of the county of Los Angeles, state of California; for the manner of their ap- pointment, and for their compensation. [Approved February 15, 1905; Stats. 1905, p. 9.] This act increased the number of judges in Los Angeles County from six to nine. In 1887 the legislature increased the number of judges in Los Aug(;les County from two to four. (Stats. 1887, p. 1.) 1956 APPENDIX. An Act to provide an additional judge of the superior co^irt for the county of Mono. [Approved April 16, 1880; Stats. 1880, p. 99.] This act was repealed March 9, 1883. (Stats. 1883, p. 62.) An Act to provide one additional judge of the superior court of the county of Kern. [Approved February 17, 1903; Stats. 1903, p. 30.] This act increased the number of judges from one to two. An Act to provide one additional judge of the superior court of the county of Sacramento. [Approved March 12, 1895; Stats. 1895, p. 48.] This act increased the number of judges from two to three. An Act to provide an additional judge of the superior court of the county of San Bernardino. [Approved March 5, 1887; Stats. 1887, p. 19.] This act increased the number of judges from one to two. An Act to increase the number of judges of the superior court of the county of San Diego, state of California, and for the appointment of such additional judges. [Approved February 8, 1889; Stats. 1889, p. 5.] This act increased the number of judges from one to three. The act of March 5, 1895 (Stats. 1895, p. 24), reduced the number of judges to two. An Act to provide one (1) additional judge of the superior court of the county of San Joaquin, state of California; for the manner of his elec- tion and for his compensation. [Approved March 18, 1905; Stats. 1905, p. 100.] This act increased the number of judges for San Joaquin County from two to three. An Act providing for an additional superior judge for the county of San Luis Obispo, and providing for his appointment and salary. [Approved February 8, 1889; Stats. 1889, p. 6.] This act increased the number of judges from one to two. By the act of 1889, Stats. 1889, p. 333, approved March 19, 1889, the number was reduced to one. INTERPRETERS. 1957 An Act to increase the ntiniber of judges of the superior court of the county of Santa Clara, and to provide for the appointment of an addi- tional judge. [Approved February 16, 1897; Stats. 1897, p. 7.] This act increased the number of judges from two to three. An Act to increase the number of judges of the superior court of the county of Shasta, state of California, and for the appointment of such additional judge. [Approved March 20, 1905; Stats. 1905, p. 315.] This act increased the number of judges from one to two. An Act providing for the election or appointw.ent of a separate judge of the s%(,perior court for each of the counties of Tuba and Slitter, and fixing and providing for the payment of the salary of each of such judges. [Approved March 2, 1897; Stats. 1897, p. 48.] The provisions of this act are sufficiently indicated by its title. A Bill to increase the mimber of judges of the superior court of the county of Tulare, and to provide for the appointment of an addition^al judge. [Approved March 10, 1891; Stats. 1891, p. 61.] This act increased the number of judges from one to two. Afterwards, by the act of March 26, 1895, the number was reduced to one. (Stats. 1895, p. 128.) INTERPRETERS. An Act to authorize the appointment of an interpreter of the Italian language and dialects, in criminal proceedings, in cities and cities and counties of one hundred thousand inhabitants. [1. Approved March 12, 1885; Stats. 1885, p. 108. 2. Amended March 9, 1895; Stats. 1895, p. 37.] § 1. Appointment of interpreter. § 2. Salary. § 3. What repealed by this act. Appointment of interpreter. Section 1. In all cities and cities and counties of over one hundred thousand inhabitants, where an interpreter of the Italian Innguago is necessary, it shall be the duty of the mayor and police judge of such city, or city and county, and of the judge of the superior court of said city and county, or of the county in which said city is situated, or where there are more judges than one, then it shall be the duty of the presiding judge 1958 APPENDIX. of said superior court and the presiding judge of the police court and the mayor, to. appoint an interpreter of the Italian language, who must be able to interpret the Italian language and dialects into the English lan- guage, to be employed in criminal proceedings when necessary in said cities, or cities and counties. [Amendment. Approved March 9, 1895; Stats. 1895, p. 37.] Salary. Sec. 2. The said interpreter shall receive a salary of fifteen hundred dollars per annum, which shall be paid out of the general fund of such city, or city and county. What repealed by this act. Sec. 3. This act shall not repeal any act heretofore made and now in force for the appointment of interpreters, except so much of any act which may conflict with this act in the appointment of Italian inter- preters. Sec. 4. This act shall take effect and be in force from and after its passage. Act superseded as to San Francisco. Superseded, as to San Francisco, by chap- ter I of article V of the charter of that city. 'JUSTICE'S CLERK. An Act relating to the justices* courts in cities and counties of more than two hundred thousand population, and providing for the appointment of a justices' cleric and his assistants, prescribing their duties and fixing their compensation. [Approved March 25, 1903; Stats. 1903, p. 477.] § 1. Appointment of justices' clerk. § 2. Oath of office and bond. § 3. Appointment of assistants. § 4. Authority of assistants. § 5. Salaries. § 6. Office hours. § 7. Duty of justices' clerk. § 8. To issue legal process in all kinds of actions. § 9. Conflicting acts repealed. Appointment of justices' clerk. Section 1. The supervisors in every city and county of more than two hundred thousand population shall appoint a justices' clerk upon the written nomination and recommendation of the justices of the peace of said city and county or a majority of them, who shall hold office for four years and until his successor is in like manner appointed and qualified. Oath of oflace and bond. See. 2. Said justices' clerk shall take the constitutional oath of office, j and give bond in the sum of ten thousand dollars for the faithful dis- justice's clerk. 1959. charge of the duties of his office, and in the same manner as is or may be required of other officers of such city and county. A new or additional bond may be required by the supervisors of such city and county, when- ever they may deem it necessary. Appointment of assistants. Sec. 3. The justices' clerk shall have authority to appoint one cashier, one chief deputy clerk, two deputy clerks and one \nesscnger, for whose acts he shall be responsible on his official bond. The said appointees to hold office during the pleasure of said justices' clerk. Authority of assistants. Sec. 4. Said chief deputy clerk and said deputy clerks shall have au- thority to administer oaths, and take and certify affidavits in any action, suit or proceeding in the justices' courts in such city and county and generally to perform all acts which the justices' clerk himself might per- form. Salaries. Sec. 5. Said justices' clerk and his appointees shall receive for their official services the following salaries and no other or further compensa- tion, payable out of the treasury of such city and couuty, after being al- lowed and audited as other similar demands are required by law to be allowed and audited: The said justices' clerk the sum of three thousand dollars per annum j the cashier and the chief deputy clerk each the sum of eighteen hundred dollars per annum; the deputy clerks fifteen hundred dollars per annum each; and the messenger twelve hundred dollars per annum. Office hours. Sec. 6. The said justices, justices' clerk and his said appointees shall be in attendance at their respective offices for the dispatch of official business, daily, except Sundays and holidays, from the hour of nine o'clock a. m. until five o'clock p. m. Duty of justices' clerk. Sec. 7. In all actions, suits, and proceedings commenced in the justices' court in such city and county, or before any of the justices of the peace thereof, the original process shall be returnable, and the parties sum- moned required to appear before one of the justices of the peace, to be designated by the justices' clerk, upon issuing such process. To issue legal process in all kinds of actions. Sec. 8. All legal process of every kind in actions, suits or proceedings in said justices' court shall be issued by the said justices' clerk. Conflicting acts repealed. Sec. 9. All other acts so far as they conflict with this act are hereby repealed. Sec. 10. This act shall take effect immediately. 1960 APPENDIX. ^JUSTICES OF THE PEACE. An Act fixing jurisdiction and providing compensation for justices of the -peace in cities and towns. [Approved March 9, 1883; Stats. 1883, p. 63.] § 1. Powers of justices of the peace. § 2. Compensation. Powers of justices of the peace. Section 1. Justices of the peace of any township composed in whole or in part of an incorporated city or town, and justices of the peace in any city or town, in addition to the jurisdiction and powers now conferred upon them, are authorized and empowered to exercise all powers, duties, and jurisdiction, civil and criminal, of police judges, judges of police courts, recorders' courts, or mayors' courts within such cities. Compensation. Sec. 2. The compensation of the justice of the peace of any city or town, who is paid by salary, shall be by warrants for equal monthly pay- ments, drawn each month upon the salary fund of such city or town, if there be one; or, if no salary fund be provided, then upon the general fund of such city or town, such warrants to be audited and paid aa are salaries of other city officials. Sec. 3. This act shall take effect immediately. Act superseded: See Code Civ. Proc, § 103, as amended in 1901 and 1903. An Act concerning the justices* courts of the city and co\inty of San Fran- cisco, and the service of summons issued therefrom. [Approved April 3, 1876; Stats. 1875-76, p. 855.] Summons. Section 1. The summons issued from the justices' courts may be served and returned as provided in title five, part second of the Code of Civil Procedure. Sec. 2. This act shall take effect from and after its passage. Act superseded: Code Civ. Proc, § 849. An Act to create a court in and for the town of Berlceley, state of Cali- fornia, [Approved March 27, 1895; Stats. 1895, p. 205.] The provisions of this act are sufficiently indicated in its title. Declared unconstitutional: Miner v. Justice's Court, 121 Cal. 264. LIBEL. 1961 LIBEL. An Act concerning actions for Uhel and slander. [1. Approved March 23, 1872; Stats. 1871-72, p. 533. 2. Amended April 16, 1880; Stats. 1880, p. 81.] § 1. Undertaking. § 2. Sureties. § 3. Exception to sureties. § 4. Justification. § 5. Approval. New undertaking. § 6. Failure to file bond. § 7. Costs. Undertaking. Section 1. In an action for libel or slander the clerk shall, before issu- ing the summons therein, require a written undertaking on the part of the plaintiff in the sum of five hundred (500) dollars, with at least two competent and sufficient sureties, specifying their occupations and resi- dences, to the effect that if the action be dismissed or the defendant re- cover judgment, that they will pay such costs and charges as may be awarded against the plaintiff by judgment or in the progress of the ac- tion, or on an appeal, not exceeding the sum specified in the undertaking. An action brought without filing the undertaking required shall be dis- missed. Sureties. Sec. 2. Each of the sureties on the undertaking mentioned in the first section shall annex to the same an affidavit that he is a resident and householder or freeholder within the county, and is worth double the amount specified in the undertaking, over and above all his just debts and liabilities, exclusive of property exempt from execution. Exception to sureties. Sec. 3. Within ten days after the service of the summons, the defend- ants, or either of them, may give to the plaintiff, or his attorney, notice that they or he except to the sureties and require their justification be- fore a judge of the court at a specified time and place, the time to be not less than five or more than ten days thereafter, except by consent of par- ties. The qualifications of the sureties sliall be as required in their affi- davits. [Amendment. Approved April 16, 1880; Stats. 1880, p. 81.] Justification. Sec. 4. For the purpose of justification each of the sureties shall at- tend before the judge at the time and place mentioned in the notice, and may be examined on oath touching his sufficiency in such mnnncr as the judge in his discretion shall tliink ])roper. The examination shall be re- duced to writing if either party desires it. 1962 APPENDIX. Approval. New undertaking.-. Sec. 5. If the judge liud the undertaking suflfieient, he shall annex the examination to the undertaking and indorse his approval thereon. If the sureties fail to appear, or the judge finds the sureties or either of them insufficient, he shall order a new undertaking to be given. The judge may also at any time order a new or additional undertaking upon proof that the sureties have become insufficient. In case a new or additional undertaking is ordered, all proceedings in the case shall be stayed until such undertaking is executed and filed, with the approval of the judge. Failure to file bond. Sec. 6. If the undertaking as required be not filed in five days after the order therefor, the judge or court shall order the action to be dis- missed. Costs. Sec. 7. In case plaintiff recovers judgment, he shall be allowed as costs one hundred (100) dollars, to cover counsel fees, in addition to the other costs. In case the action is dismissed, or the defendant recover judgment, he shall be allowed one hundred (100) dollars, to cover counsel fees, in addition to the other costs, and judgment therefor shall be en- tered accordingly. Constitutionality and construction: See Smith v. McDermott, 93 Cal. 421. MORTGAGES. An Act to abolish attorney's fees, and other charges, in foreclosure suits. [Approved March 27, 1874; Stats. 1873-74, p. 707.] Attorney's fee on foreclosure to be fixed by court. Section 1. In all cases of foreclosure of mortgage the attorney's fee shall be fixed by the court in which the proceedings of foreclosure are had, any stipulation in said mortgage to the contrary notwithstanding. Conflicting acts repealed. Sec. 2. All acts and parts of acts, so far as they conflict with the pro- visions of this act, are hereby repealed, and this act shall take effect and be in force from and after its passage. PROCESS. An Act concerning the execution of final process in certain cases. [Approved March 16, 1874; Stats. 1873-74, p. 3G5.] Service of final process in new counties. Section 1. In all cases where new counties have been or may here- after be erected, and executions, orders of sale upon foreclosures of mort- PUBLIC ADMINISTRATOR — RECORDS. 1903 gages, or other process affecting specific real estate, have been or may hereafter be adjiulgecl by the final judgment or decree of a court of com- petent jurisdiction, to be executed by the sheriff of the county in which such real estate was originally situated, such process may be executed by the sheriff of the new county in which such real estate is found to be situated, with the like effect as if he wore the sheriff of the county desig- nated in the judgment, decree, or order of sale, to execute the same. Sec. 2. This act shall take effect and be in force from and after its An Act to declare valid writs, process, and certificates issued by the supe- rior courts of this state, or the clerks thereof, before such courts shall have been legally provided xvith seals. [Approved March 31, 1880; Stats. 1880, p. 19.] Writs, process, etc., declared valid. Section 1. No writ, process, or certificate issued by any superior court, or the clerk thereof, before such court shall have been legally provided with a seal, shall be invalid, if in other respects valid, by reason of the absence of a lawful seal; laut every such writ, process, or certificate, whether under the seal of one of the courts abolished on the first day of January, eighteen hundred and eighty, or under the private seal of the clerk, or under any other seal, or issued without a seal, shall have the same validity as if it had been authenticated by a legally adopted seal of the court out of which or by whose clerk it was issued. Sec. 2. This act shall take effect immediately. PUBLIC ADMINISTRATOR. Coroner to act as public administrator when. The act of March 30, 1872 (Stats. 1871—72, p. 796), provided that if a public administrator of any county failed to qualify or to perform his duties, the coroner should be ex officio public adminis- trator, and in case of failure to qualify or of neglect on his part, the supervisors should appoint a suitable person to act. Superseded by County Government; See Political Code, § 4183. RECORDS. An Act to transfer the records, papers, and business of the courts existing on the thirty-first day of December, eighteen hundred and seventy-nine, in this state, to the courts now existing therein. [Approved February 4, 1880; Stats. 1880, p. 2.] § 1. Supreme court, successor of court of same name. § 2. Superior courts, successor of what courts. § 3. Police court of Sau Francisco, transfer of cases to. 1964 APPENDIX. Supreme court, successor of court of same name. Section 1. The supreme court shall, for all purposes, be considered the successor of the court of the same name which was abolished on the first day of January, eighteen hundred and eighty, and to have succeeded to all its unfinished business. It shall have jurisdiction of, and shall hear and determine, or otherwise dispose of, all causes, proceeding, appeals, motions, and matters pending on said day in the court superseded by it; and also, of all appeals taken to such court, before or after said day, from judgments or orders of any of the inferior courts abolished by the consti- tution. From and after the first day of January, eighteen hundred and eighty, the supreme court shall have the custody of all records, books, and papers of the former supreme court, and the same jurisdiction over its judgments, orders, and proceedings as if they had in the first instance been rendered, made, or commenced in the present court. All laws re- lating to the former court shall, as far as applicable, be considered as applying to the present court. All rules of the former court which were in force on the first day of January, eighteen hundred and eighty, and not inconsistent with the constitution, shall continue in force as rules of the present court until altered, abolished, or superseded by the order of the court. Superior courts, successor of what courts. Sec. 2. The superior court of each county in this state shall, for all purposes, be considered the successor of the district, county, and probate courts thereof, and, in the city and county of San Francisco, of the municipal criminal court and municipal court of appeals, and shall be deemed to have succeeded to all the unfinished business of said courts. The superior courts shall hear, determine, or otherwise dispose of, all causes and proceedings which were pending on the first day of January, eighteen hundred and eighty, in the said courts superseded by them, and every motion or proceeding then pending or thereafter made or taken in such causes and proceedings, and of which said courts would have had jurisdiction had they not been abolished; and also, all appeals taken or perfected, before or after said day, from all orders or judgments of jus- tices' and police courts which by law are declared to be appealable. From and after the first day of January, eighteen hundred and eighty, the su- perioT courts shall have the custody of all the records, books, and papers of the said courts superseded by them, and shall have jurisdiction thereof, and of the judgments, orders, and process of said courts; and shall en- force the same and issue process thereon in like manner, and with the same effect, as if they had in the first instance been filed, commenced, rendered, made, or issued in or by the superior court. The superior court of the city and county of San Francisco shall have jurisdiction of, and shall try and dispose of, all indictments for misdemeanor pending in the city criminal court of said city and county, on the first day of January, eighteen hundred and eighty; and such indictments, and all papers and records relating thereto, shall be transferred to the said superior court and become records thereof. Any application, motion, or proceeding, set by the district, county, or probate court of any county, or by the judge STATE. 1965 thereof, to he heard by such court or judge after the first day of January, eighteen hundred and eighty, may be heard in the superior court of such county, upon the same notice that was required to autliorize the hearing thereof in such district, county, or probate court, or by the judge thereof. Any process issued out of any district, county, or probate court of this state before the first day of January, eighteen hundred and eighty, may be served, or the service thereof completed, after said day, in the same manner, and with like effect, as if such courts had not been abolished; provided, that such process shall be returned to the superior court of the county in which it was issued, and any appearance or answer required by such process shall be made or filed in such court. Police court of San Francisco, transfer of cases to. See. 3. All prosecutions which were transferred or certified for trial to the city criminal court of the city and county of San Francisco, by the police court thereof, and were pending or undetermined on the first day of January, eighteen hundred and eighty, shall be tried and disposed of in the said police court; and all the papers, pleadings, and records relating to such prosecutions shall be transferred to, and deposited with, said po- lice court, and become records and papers thereof. Sec. 4. This act shall take effect immediately. STATE. 'An Act to authorise suits against the state, and regulating the procedure therein. [Approved February 28, 1893; Stats. 1893, p. 57.] § 1. Right of action. I 2. Limitation of actions. § 3. Undertaliing. § 4. Service of summons. § 5. Judgment. § 6. Duty of governor. § 7. Duty of controller. Right of action. Section 1. All persons who have, or shall hereafter have, claims on contract or for negligence against the state not allowed by the state board of examiners, are hereby authorized, on the terms and conditions herein contained, to bring suit thereon against the state in any of the courts of this state of competent jurisdiction, and prosecute the same to final judgment. The rules of practice in civil cases shall apply to such suits, except as herein otherwise provided. Limitation of actions. Sec. 2. No such suit shall be maintained on any claim now existing, unless the same be brought within two years after this act takes effect; nor shall any such suit be maintained on any cause of action hereafter 1966 APPENDIX. arising, unless the same shall be commenced within two years after such cause of action shall have accrued; provided, that the period of limita- tion provided for in section two of this act shall not apply to or aifect the rights, interest, or claims of any minor or insane person, or a person imprisoned on a criminal charge, or in execution under a sentence of a criminal court for a period of not less than for life, or a married woman and her husband be a necessary party with her in commencing such ac- tion, or an incompetent person; but such action may be commenced with- in the period above provided for after such disability shall cease. Undertaking. Sec. 3. At the time of filing the complaint in any such suit, the plain- tiff shall file therewith an undertaking, in such sum, not less than five hundred dollars, as a judge of the court shall fix, with two sufficient sure- ties, to be approved by a judge of the court, and conditioned that, in case the plaintiff' fails to recover judgment, he will pay all costs incurred by the state in such suit, including a reasonable counsel fee, to be fixed by the court. Service of summons. Sec. 4. Service of summons in such suits shall be made on the gover- nor and attorney-general. It shall be the duty of the attorney-general to defend all such suits; and upon his written demand, made at or before the time of answering, the place of trial of any such suit must be changed to the county of Sacramento. Judgment. Sec. 5. In case judgment be rendered for the plaintiff in any such suit, it shall be for the amount actually due from the state to the plain- tiff, with legal interest thereon from the time the obligation accrued, and without costs. Duty of governor. Sec. 6. It shall be the duty of the governor to report to the legisla- ture, at each session, all judgments rendered against the state and not theretofore reported. Duty of controller. Sec. 7. It shall be the duty of the controller to draw his warrant for the payment of any such judgment, without any presentation to or ap- proval of such claim by the state board of examiners, whenever a suffi- cient appropriation for such payment shall have been made by the legis- lature; and all claims upon such judgments are hereby expressly ex- empted from the operation of section six hundred and seventy-two of the Political Code. Sec. 8. This act shall take effect immediately. STATE. 1967 An Act authorising suits against the state concerning certain real property and regulating the -procedure therein. [Approved March 20, 1909; Stats. 1909, p. 605.] § 1. Suit against state to quiet title iu certain cases. § 2. Must be commenced when. § 3. Summons, service on whom. Suit against state to quiet title in certain cases. Section 1. In all cases where the state of California has sold any land or lands to any person or persons and the deed or patent from the state of California therefor has been lost or destroyed and was never recorded in the office of any county recorder in the state of California, the per- son or persons claiming or deraigning title to any of such lauds through any such lost or destroyed deed or patent is and are hereby authorized to bring suit against the state of California in any court of competent jurisdiction of said state to quiet title to said land or any portion thereof, and to prosecute the Same to final judgment. The rules of practice in civil cases relating to suits to quiet title shall apply to such suits as may be brought under this authorization except as otherwise provided. If judgment be given against the state in any such suit, no costs can be re- covered from the state thereunder and before any judgment can be given against the state hereunder it must be made to appear to the court af- firmatively that such deed or patent has been duly issued by the state. Must be commenced when. Sec. 2. Any such suits to quiet title shall be commenced within one year after this act takes effect. Summons, service on whom. Sec. 3. Service of summons in such suits shall be made on the gover- nor, surveyor-general and attorney-general. It shall be the duty of the attorney-general to defend all such suits. Sec. 4. This act shall take effect immediately. An Act to authorize Eobert C. Ball to sue the state of California. [Approved March 24, 1891; Stats. 1891, p. 194.] The nature of the act sufficiently appears from its title. An Act to enable the CouUerville and Yosemite Turnpily seines, nets, or weirs, in the San Antonio Creek, in the county of Alameda. [Approved March 20, 1876; Stats. 1875-76, p. 362.] § 1. Use of seines and nets unlawful. I 2. Penalty for violation. § 3. Act takes effect when. Use of seines and nets unlawful. Section 1. It shall not be lawful for any person to catch fish in the waters of the San Antonio Creek, in the county of Alameda, by the use of seines, nets, or weirs. Penalty for violation. Sec. 2. Any person violating the provisions of this act shall be subject to a penalty of not less than fifty nor more than one hun- dred dollars for each offense, or imprisonment in the county jail of the county of Alameda for a term of not less than thirty nor more than sixty days, which penalty may be enforced by any police judge or justice of the peace of said county. 2044 APPENDIX. Act takea effect yrhen. Sec. 3. This act shall take effect and be in force from and after its passage. Setting of seines or nets for fish: See ante, §§ 636, 636a. An Act to prohibit the destruction of fish in Alameda County. [Approved March 28, 1878; Stats. 1877-78, p. 598.] § 1. Catching fish in Lake Chabot. § 2. Catching fish in San Leaudro Creek. Time of catching defined. § 3. Misdemeanor. § 4. Act takes effect when. Catching fish in Lake Chabot. Section 1. It shall not be lawful for any person to catch, take, or destroy any fish of any kind in the body of water known as Lake Chabot, in the San Leandro Creek, in Alameda County, belonging to the Contra Costa Water Company, without permission of the owner or owners thereof. Catching fish in San Leandro Creek. Time of catching defined. Sec. 2. It shall not be lawful to take, kill, or destroy any brook or speckled trout, salmon, or salmon-trout, or any other species of fish in San Leandro Creek and its branches or tributaries, or in any of the streams or watercourses of said county, between the first day of October of each year and the first day of April of the following year. Misdemeanor. Sec. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor. Act takes effect when. Sec. 4. This act shall take effect and be in force from and after its passage. FISH. 2045 A7i Act to prevent the destruction of fish in King's Eiver. [Approved March 28, 1878; Stats. 1877-78, p. 601.] Passage of fish through ditches prevented; how. Section 1. The proprietors of all water-ditclies and flumes, draw- ing their supply from the waters of King's River, shall i)lace and keep in good repair at the heads of their respective ditches or flumes, through which all the water from the river entering the ditch or flume shall pass, strips of wood or other material, the meshes between which shall not exceed one inch in width, for the prevention of the passage of fish from the river into the flumes or ditches. Any per- son taking water from King's Elver in violation of the provisions of this act is guilty of a misdemeanor. Screens over mill-races, flumes, pipes, etc.: See § 629 of the Penal Code. An Act for the preservation of fish in the waters of LaTce Bigler. [Approved March 30, 1878; Stats. 1877-78, p. 746.] § 1. Catching fish, except by hook and line, iu Lake Bigler. S 2. Penalty. § 3. Fines; how paid. § 4. Conflicting acts repealed. § 5. Act takes effect when. Catching fish, except by hook and line, in Lake Bigler. Section 1. It shall not be lawful for any person or persons to catch or kill any fish in the waters of Lake Bigler, or in any stream leading into or from said Lake Bigler, with any seine, gill-net, spear, wire fence, basket, trap-set net, or dam, or any poisonous, deleterious, or stupefying drug or explosive compound, or any other implement or appliance, except by means of a hook and line. Penalty. Sec. 2. Any person or persons who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon convic- tion thereof before any justice of the peace, in Placer County, El Dorado County, or Nevada County, shall be punished by a fine of not less than one hundred dollars nor more than five hundred, or by 2046 APPENDIX. imprisonment in the county jail not less than thirty days nor more than four months, or by both such fine and imprisonment, in the dis- cretion of the court; for each and every offense, besides the cost of prosecution. Fines; how paid. Sec. 3. The district attorney, or his deputy, of El Dorado County, or of Placer County, or of Nevada County, whichever the informer may notify as within the district attorney's jurisdiction, shall pros- ecute such suits, and, upon conviction, all fines, damages, and penal- ties that may be awarded or collected under this act shall be paid one half to the district attorney and one half to the informer, share and share alike; and it is hereby made the duty of the district attor- ney, or his appointed deputy, of the counties of Placer, El Dorado, and Nevada, to prosecute all cases arising under this act. Conflicting acts repealed. Sec. 4. All acts, and provisions of any act or parts of acts, con- flicting with this act, are hereby repealed. Act takes effect when. Sec. 5. This act shall take effect and be in force from and after its passage. FLAG. Act to prohibit desecration of: Stats. 1899, p. 46. GAME LAWS. Fish: See ante, Appendix, tit. "Fish." Act to prevent hunting on inclosed lands: See ante, Appendix, tit. and Inclosures." GAME LAWS. 2047 An Act for the protection of game in Nevada County. [Approved February 6, 1874; Stats. 1873-74, p. 80.] Code commissioner's note to this act. In his " List of Statutes in Force," the code commissioner says of tliis art: "Probably modilied and ropualed by Pen. Code, §§ 626e, 626f, 626h, and 6261." An Act to prevent the destruction of deer on Monte Diablo, in Contra Costa County. [Approved March 28, 1878; Stats. 1877-78, p. 599.] Hunting or killing deer on Monte Diablo. Misdemeanor. Seetiou 1. Every person who shall hunt, pursue, kill, or destroy any male or female deer or fawn within three miles of the summit of Monte Diablo, in Contra Costa County, for the period of four years from the date of the passage of this act, is guilty of a misde- meanor. Act takes effect when. Sec. 2. This act shall take effect immediately. An Act to prevent the capture and destruction of mocJcing-'birds in this state. [Approved February 14, 1872; Stats. 1871-72, p. 102.] § 1. Mocking-birds must enjoy perfect immunity. § 2. Fines, disposition of. § 3. Act takes effect when. Mocking-birds must enjoy perfect immunity. Section 1. Any person or persons who shall willfully and know- ingly shoot, wound, trap, snare, or in any other manner catch or capture any mocking-bird in the state of California, or shall know- ingly take, injure, or destroy the nest of any mocking-bird, or shall take, injure, or destroy any mocking-bird's eggs, in the nest or other- wise, in said state, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the town- ship in which the offense shall have been committed, shall be fined in a sum not less than five dollars nor exceeding ten dollars, and 2048 APPENDIX. cost of the action for each offense, or may be imprisoned not less than five days nor more than ten days, or by both such fine and imprisonment, as the judgment of the court may direct. Fines, disposition of. Sec. 2. All fines collected under the provisions of this act shall be paid into the county treasury for the benefit of the common-school fund. Act takes effect when. Sec. 3. This act shall take effect and be in force from and after its passage. GAS. An Act to regulate the use of illuminating-gas. [Approved March 20, 1903; Stats. 1903, p. 289.] Gas not to be turned off at meter. Section 1. Every hotel-keeper, lodging-house keeper, and inn- keeper, or keeper of any place where rooms are let to lodgers in which, or any of which such places illumiuating-gas is used, who shall turn off, or cause to be turned off at the meter the flow of such illuminating-gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persons shall have connected every exit orifice upon the gas-fixtures used in such place or places with a practical and safe automatic gas-igniter. Act takes effect when. Sec. 2. This act shall take effect and be in force immediately from and after its passage. GOVERN Oli — GRx\.KO ARMY. 2049 GOVERNOR. An Act imposing certain duties upon the governor of the state. [Approved April 3, 1876; Stats. 1875-76, p. 855.] Reward for stage-robbers. Section 1. The governor shall offer a standing reward of three hundred dollars ($300) for the arrest of each person engaged in the robbery of, or in an attempt to rob any person or persons upon, or having in charge, in whole or in part, any stage-coach, wagon, railroad train, or other conveyance engaged at the time in carrying passengers, or any private conveyance within this state; the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested; but no reward shall be paid except after such conviction. Act takes effect when. Sec. 2. This act shall take effect from and after its passage. GRAND ARMY. An Act entitled An Act to prevent persons from unlawfully using or wearing the badge of the Grand Army of the Republic of this state. [1. Approved March 10, 1887; Stats. 1887, p. 82. 2. Amended March 1, 1907; Stats. 1907, p. 81.] Army badges, penalty for unlawfully wearing. Section 1. Any person who shall willfully wear or use the badge or button of the Grand Army of the Eepublic, or of the United Spanish War Veterans, to obtain aid or assistance thereby within this state, unless he shall be entitled to wear or use the same under the rules and regulations of the Department of California, Grand Army of the Eepublic, or United Spanish War Veterans, respectively, shall be guilty of a misdemeanor, and, upon conviction, shall be punished b}' imprisonment for a term not to exceed thirty days in the county jail, or a fine not to exceed twenty dollars, or by both 2050 APPENDIX. such fine and imprisonment. [Amendment. Approved March 1, 1907; Stata. 1907, p. 81.] Sec. 2. [No section of this number.] Act takes effect when. Sec. 3. This act shall take effect and be in force from and after the date of its passage. GROWING TREES. An Act to protect the groves of big trees in the counties of Fresno, Tulare, and Kern. [Approved March 13, 1874; Stats. 1873-74, p. 347.] § 1. Misdemeanor. § 2. Disposition of fines. § 3. Act takes effect when. Misdemeanor. Section 1. Any person or persons who shall willfully cut down or strip of its bark, any tree " over sixteen feet in diameter," in the grove of big trees situated in the counties of Fresno, Tulare, or Kern, or shall destroy any of said trees by fire, shall be guilty of a misdemeanor, and shall, on conviction thereof before any justice of the peace in said counties, be fined not less than ($50) fifty dollars nor more than ($300) three hundred dollars, or imprisonment in the county jail not less than (25) twenty-five days nor more than (150) one hundred and fifty days, or both fine and imprisonment, as the court may determine. Disposition of fines. . Sec. 2. Upon the arrest and conviction of any person or persons guilty of any of the acts before mentioned, the party informing shall be entitled to one half of the fines collected. Act takes effect when. Sec. 3. This act shall take effect and be in force from and after its passage. INFANCY — INTERPRETERS. 2051 INFANCY. Act to prevent sale of liquors to minors: See post, Appendix, tit. "Intoxi- cating Liquors." INTERPRETERS. An Act to authorize the appointment of an interpreter of the Italian language and dialects, in criminal proceedings, in cities and cities and counties of one hundred thousand inhabitants. [1. Approved March 12, 1885; Stats. 1885, p. 108. 2. Amended March 9, 1895; Stats. 1895, p. 37.] § 1. Interpreter of Italian language. Appointing power. § 2. Salary. § 3. Effect on prior acts. § 4. Act takes effect when. Interpreter of Italian language. Appointing power. Section 1. In all cities and cities and counties of over one hun- dred thousand inhabitants, where an interpreter of the Italian lan- guage is necessary, it shall be the duty of the mayor and police judge of such city, or city and county, and of the judge of the superior court of said city and county, or of the county in which said city is situated, or where there are more judges than one, then it shall be the duty of the presiding judge of said superior court and the pre- siding judge of the police court and the mayor, to appoint an inter- preter of the Italian language, who must be able to interpret the Italian language and dialects into the English language, to be em- ployed in criminal proceedings when necessary in said cities, or cities and counties. [Amendment. Approved March 9, 1895; Stata. 1895, p. 37.] Salary. Sec. 2. The said interpreter shall receive a salary of fifteen hun- dred dollars per annum, which shall be paid out of the general fund of such city, or city and county. 2052 APPENDIX. Effect on prior acts. Sec. 3. This act shall not repeal any act heretofore made and now in force for the appointment of interpreters, except so much of any act which may conflict with this act in the appointment of Italian interpreters. Act takes effect when. Sec. 4. This act shall take effect and be in force from and after its passage. Act superseded as to San Francisco: San Francisco Charter, art. v, c. i. INTOXICATING LIQUORS. An Act to prohibit the sale of intoxicating liquors within a certain distance of any camp or assembly of men, numbering tiventy five or more, engaged upon the construction, repair or operation of any public worTc, improvement, or utility. [Approved March 25, 1909; Stats. 1909, p. 722.] § 1. Sale of liquors near construction camps. § 2. Misdemeanor. § 3. Act takes effect when. Sale of liquors near construction camps. Section 1. It shall be unlawful for any person to sell, keep for sale, or give away, any spirituous, vinous, malt or mixed intoxicating liquors at any place situated more than one mile outside the limits of an incorporated city or town, and within four miles of any camp or assembly of men, numbering twenty-five or more, engaged upon, or in connection with, the construction, repair or operation of any public or quasi-public work, improvement or utility; provided, however, that nothing in this section contained shall be deemed to apply to the sale, keeping for sale, or disposal of any such liquor at a licensed saloon or liquor-store which shall have been established, or at a licensed saloon or liquor-store which shall be maintained, at the time this act takes effect, upon the same premises where a licensed saloon or liquor-store shall have been established, at least six months prior to the establishment of INTOXICATING LIQUORS. 2053 such camp or assembly of men, or to the sale, koepinjr for sale, or dis- posal of any such liquors at any winery, licensed brewery or distillery, where the same is manufactured. Misdemeanor. Sec. 2. Any person violating any of the provisions of this statute shall be guilty of a misdemeanor, and, for each offense, shall be pun- ished by a fine not exceeding tive hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Act takes effect when. Sec. 3. This act shall take effect immediately. An Act to prevent the sale of intoxicating liquors to persons addicted to the inordinate use of intoxicating liquors. [Approved March 19, 1889; Stats. 1889, p. 352.] § 1. To prohibit furnishing intoxicating liquor to person inordinately using it. § 2. Not to apply to physicians. § 3. Act takes effect when. To prohibit furnishing intoxicating liquor to person inordinately using it. Section 1. Any person vrho, after receiving notice that a person named in said notice is addicted to the inordinate use of intoxicating liquors, should the person named in said notice be so addicted, shall thereafter within a period of twelve months furnish to said person so addicted -to the inordinate use of intoxicating liquors, any spirituous liquors, wines, or intoxicating or malt liquors, shall be guilty of a misdemeanor and punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars, or by both such fine or [and] imprisonment. Said notice shall be in writing and may be given by any adult member of the family of said person so addicted to the inordinate use of intoxicating liquors, or by any adult relative of said person so addicted to the inordinate use of said intoxicating liquors. 2054 APPENDIX. Not to apply to physicians. Sec. 2. The provisions of this act shall not prohibit any regularly licensed physician from furnishing or prescribing said liquors in case of sickness. Act takes eflfect when. Sec. 3. This act shall take effect from and after its passage. Sale of intoxicating liquor to habitual drunkard: See ante, § 397. JUVENILE COURT. An Act to amend an act entitled, "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifica- tions of organizations receiving children under this act, and pre- scribing the duties of such boards; and providing vihen proceedings under this act shall be admissible in evidence." Approved February 26, 1903. [1. Approved March 22, 1905; Stats. 1905, p. 806. 2. Amended March 21, 1907; Stats. 1907, p. 777. 3. Repealed March 8, 1909; Stats. 1909, pp. 213, 226, § 29.] This act was repealed by the following act: JUVENILE COURT. 205;') An Act concerning dependent and delinquent minor children, providing for their care, custody and maintenance until twenty-one years of age; providing for their commitment to the Whitlier State School and the Preston State School of Industry, and the manner of such commitment and release therefrom, establishing a probation committee and probation officers to deal with such children, and fixing the sal- aries of probation officers; providing for detention homes for said children; providing for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children; and giv- ing to the superior court jurisdiction of such offenses, and repealing inconsistent acts. [Approved March 8, 1909; Stats. 1909, p. 213.] JUVENILE COUET LAW. 5 1. Name of act. " Dependent child " defined. § 2. Juvenile court, function of, § 3. Complaint, form of. § 4. Citation to persons having custody of child. Failure to answer citation. Summary disposition of case. § 5. Commitment, order for, and to where. § 6. Probation committee, appointment of. § 7. Term of office. § 8. Compensation. § 9. Committee may he required to do what. Duty of probation committee. § 10. County probation officer. § 10a. Salaries in counties of first class. § 10b. Second class. § 10c. Third class. § lOd. Fourth class. § lOe. Fifth class. § lOi. Ninth class. § lOj. Salaries in other counties. § 10k. Twentieth and thirtieth classes. § 10 1. Twenty-fifth, thirty-third, thirty-fifth, fortieth, forty-seciind. forty-third, forty-fifth, forty-sixth, forty-seventh, fifty-second, and fifty third classes. § 10m. Eleventh class. § lOn. Fifty-sixth and fifty-seventh classes. § lOz. Every other county. § 11. How paid. § 12. Expenses allowed. § 13. Office of probation officer created. § 14. Duty of (ilerk of court. § 13. Inquiries as to cause of depeiuloncy. Dntins and powers of probation officer. Duties of deputy. 2056 APPENDIX. § 16. Criminal charges against minors, proceedings in. Bail. Orders of juve- nile court. Statutes of limitation suspended. Order of discliarge, effect of. § 17. Delinquency, petition for. Notice of hearing. Criminal prosecutions barred, when. § 18. Suspensions of judgments in felony cases. § 19. Detention pending hearing. § 20. Disposition of child declared delinquent. § 21. Expense of maintenance. When county shall pay. § 22. Orders may be modified. § 23. Private hearings. § 24. Minors under the age of sixteen, detention of. §25. "Detention home," provision for. § 26. Penal liability of parents and guardians. I 27. Act, how to be construed. Certain words defined. § 28. Certain acts superseded. § 29. Certain acts repealed. Judgments heretofore made, effect of. § 30. Act takes effect when. Name of act. " Dependent child " defined. Section 1. This act shall be known as the " Juvenile Court Law " and shall apply only to children under the age of eighteen years not now or hereafter inmates of a state institution. For the purposes of this act, the words "dependent child" shall mean any child under the age of eighteen years: (1) Who is found begging, receiving or gathering alms, whether actu- ally begging or under the pretext of selling or offering anything for sale; or (2) Who is found in any street, road or public place for the pur- pose of so begging, gathering or receiving alms; or (3) Who is a vagrant; or (4) Who is found wandering and not having any home, or any settled place of abode, or any proper guardianship, or any visible means of subsistence; or (5) Who has no parent or guardian; or who has no parent or guardian willing to exercise, or capable of exercising, proper parental control; or (6) Who is destitute; or (7) Whose home by reason of neglect, cruelty or depravity of his parents or either of them, or on the part of his guardian, or on the part of the person in whose custody or care he may be, is an unfit place for such child; or JUVENILE COURT. l'()57 (8) "Who frequents the company of reputed criminals, vagrants or prostitutes; or (9) Who is found liviug or being in any house of prostitution or assignation; or (10) Who habitually visits, without parent or guardian, any saloon, pool-room or place where any spirituous, vinous or malt liquors are si)ld, bartered or given away; or (11) Who persistently refuses to obey the reasonable and proper order or directions of his parents or guardian; or (12) W^ho is incorrigible; that is, who is beyond the control and power of his parents, guardian or custodian by reason of the vicious conduct or nature of said minor; or (13) Whose father is dead or has abandoned his family or is an habitual drunkard, or whose father does not provide for such minor, and it appears that such minor is destitute of a suitable home or of adequate means of obtaining an honest living, or is in danger of being brought up to lead an idle or immoral life; or where both parents of such child are dead, or the mother, if living, is unable to provide proper support and care of such minor child; or (14) Who is an habitual truant within the meaning of an act entitled "An Act to enforce the educational rights of children and providing penalties for the violation of said act," approved March 24, 1903, and who is not placed in a parental school under the provisions of said act, or who being over the age of fourteen years refuses to attend public or private school, as directed by his parents, duly authorized guardian or legal custodian; or (15) Who habitually uses intoxicating liquor as a bevorngc or habitually smokes cigarettes or who habitually uses opium, cocaine, morphine or other similar drug, without the direction of a competent physician. The words "delinquent child" shall include any child under the age of eighteen years who violates any law of this state, or any ordinance of any town, city, county or city and county of this state, defining crime. Juvenile court, function of. Sec. 2. The superior court in every county of this state shall exor- cise the jurisdiction conferred by this act, and, while sitting in the 2058 APPENDIX. exercise of its said jurisdiction, shall be known and referred to as the "juvenile court," and is hereinafter so referred to.. In counties having more than one judge of the superior court, the judges of such court shall from time to time designate one or more of their number whose duty it shall be to hear all cases coming under this act. In counties of the first class, such designation shall be made by the pre- siding judge. The orders and findings, if any, of the superior court, in all cases coming under the provisions of this act, shall be entered in a book to be kept for that purpose and known as the "juvenile court record," and the court when acting under this act shall be called the " juvenile court," All cases coming under the provisions of this act shall be heard at a special or separate session of the court, and no other matter shall be heard at such session, nor shall there be permitted to be present at such session any person on trial or awaiting trial, or under accusation of crime, who does not come under the provisions of this act. Complaint, form of. Sec. 3. Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent or delinquent child, and praying that the superior court deal with such child as provided in this act. Such petition shall be verified and shall contain a statement of facts con- stituting such dependency or delinquency, as defined in section 1 of this act. There shall be no fee for filing such petition. Citation to persons having custody of child. Failure to answer cita- tion. Summary disposition of case. Sec. 4. Upon the filing of the petition provided for in section 3 hereof, a citation shall issue, requiring the person or persons having the custody or control of the child, or with whom the child may be, to appear with the child at a time and place stated in the citation. Service of. such citation must be made at least twenty-four hours before the time stated therein for such appearance. The parents or guardian of the child, if residing within the county in which the court sits, and if their places of residence be known to the petitioner, or if there be neither parent nor guardian so residing, or if their places of residence be not knowu to petitioner, then some relative JUVENILE COURT. 2050 of the child, if any there be residing within said county, and if his residence and relationship to such child be known to petitioner, shall be notified of the proceedings by service of citation requiring him or them to appear at the time and place stated in such citation. In any case the judge may appoint some suitable person to act in behalf of the child, and may order such further notice of the proceedings to be given as he may deem proper. If any person, cited as herein provided, shall fail, without reasonable cause, to appear and abide by the order of the court, or to bring the child, if so required in the citation, such failure shall constitute a contempt of said court and may be punished as provided for in other cases of contempt of court. In ease such citation cannot be served, or the party served fails to obey the same, and in any case in which it shall be made to appear to the court that such citation will probably be ineffective, a warrant of arrest shall issue on the order of the court, either against the parent or guardian, or the person having the custody of the child, or with whom the child may be, or against the child him- self, or any or all of said persons; or if there be no person to be served with citation as above provided, a warrant of arrest may be issued against the child immediately. On the return of the citation or other process, or as soon thereafter as may be, the court shall pro- ceed to hear and dispose of the case in a summary manner. Until the final disposition of any case, the child may be retained in the possession of the person having charge of him, or may be kept, upon the order of the court, in some suitable place, provided by the county, or city and county, or may be held otherwise as the court may direct. Commitment, order for, and to where. Sec. 5. "When any minor child under the age of nineteen years shall be found by said court or judge to be dependent or delinquent, within the meaning of this act, the court may make an order com- mitting the child, for such time during its minority as the court may deem fit, to the care of some reputable citizen of good moral char- acter, or to the care of some association, society or corporation will- ing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, or to the care of the probation officer or other person to remain in the home of the 2060 APPENDIX. child. The court may thereafter set aside, change or modify such order, at any time during the minority of such child, and said child, if a boy, may be committed to the Preston State School of Industry, or to the Whittier State School, during his minority, or, if a girl, may be committed to the Whittier State School until twenty-one years of age; provided, however, that before conveying any such minor to either of such institutions it shall be ascertained from the superintendent thereof whether such child can be received; and if such child cannot be received, the court shall make such other order for the disposition of such child as is meet. Probation committee, appointment of. Sec. 6. The judge of the superior court in and for each county, or city and county, of the state, and in counties where there is more than one judge of the said court, the judge who has been designated as "judge of the juvenile court" shall, by an order entered in the minutes of the court, appoint seven discreet citizens of good moral character and of either sex, to be known as the " probation com- mittee," and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed on said committee and thereupon said persons shall appear before the judge of the superior court to whom has been assigned all proceedings under this act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of such probation committee. Term of office. Sec. 7. The members of such probation committee shall hold office for four years, and until their successors are appointed and qualify; provided, that of those first appointed, one shall hold office for one year, two for two years, two for three years, and two for four years, the terms for which the respective members shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the term of four j'^ears; when any vacancy occurs for any other reason, the appointee (Shall hold office for the unexpired term of his predecessor. JUVENILE COURT. 2001 Compensation. Sec. 8. Members of the probation committee shall serve without compensation. Committee may be restuired to do what. Duty of probation com- mittee. Sec. 9. The superior court or any judge thereof may at any time require said probation committee or probation officer to examine into the qualifications and management of any society, association or cor- poration, other than a state institution, receiving, or applying for, any child or children under this act, and to report thereon to the court; provided, that nothing in this section shall be construed as giving any probation committee or probation officer any power to enter any institution without the consent of such institution. It shall be the duty of each probation committee, prior to the first day of December in each year, to prepare a report in writing on the qualifications and management of all societies, associations and cor- porations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in such report said committee may make such suggestions or com- ments as to them may seem fit; such report to be filed in the office of the clerk of the court appointing such committee for the informa- tion of the judges thereof. The probation committee shall also have the control and management of the internal affairs of any detention home heretofore or hereafter established by the board of supervisors of their county; and it shall be the duty of the board of supervisors to provide for the payment of such employees as may be needed in the efficient management of such detention home. County probation officer. Sec. 10. There shall be appointed, as hereinafter provided, a proba- tion officer in every county, and he may appoint as many deputies as he may desire; provided, however, that such deputies shall not have authority to act until their appointment shall be approved in like manner as the appointment of the probation officer himself. Such deputies, except as hereinafter provided, shall serve without compen- sation. 2062 APPENDIX. Salailes in ccunties of first class. Sec. 10a. In counties, or cities and counties, of the first class, there shall be one probation officer and ten assistant probation officers. The salaries of said officers shall be as follows: Probation officer, $225 per month; one assistant probation officer, $175 per month; and nine as- sistant probation officers, at $125 per month each. Second class. Sec. 10b. In counties of the second class there shall be one proba- tion officer and six assistant probation officers. The salaries of said officers shall be as follows: Probation officer, $200 per month; one assistant probation officer, $150 per month; five assistant probation officers, $100 per month each. Third class. Sec. 10c. In counties of the third class, there shall be one probation officer and four assistant probation officers. The salaries of said offi- cers shall be as follows: Probation officer, $175 per month; one assist- ant probation officer, $125 per month; and three assistant probation officers, $100 per month each. Fourth class. Sec. lOd. In counties of the fourth class there shall be one proba- tion officer and one assistant probation officer. The salaries of said officers shall be as follows: Probation officer, $150 per month; assistant probation officer, $100 per month. Fifth class. Sec. lOe. In counties of the fifth class there shall be one probation officer and one assistant probation officer. The salaries of said officers shall be as follows: Probation officer, $175 per month; assistant proba- tion officer, $150 per month. Ninth class. Sec. lOi. In counties of the ninth class there shall be one probation officer whose salary shall be $125 per month. JUVENILE COURT. 20G3 Salaries in other counties. Sec. lOj. In counties of the eighth, tenth, sixteenth and seventeenth classes there shall be one probation officer. The salary of each of said probation officers shall be $100 per month. Twentieth and thirtieth classes. Sec. 10k. In each of the counties of the twentieth and thirtieth classes there shall be one probation officer. The salary of each of said probation officers shall be $75 per month. Twenty-fifth, thirty-third, thirty-fifth, fortieth, forty-second, forty- third, forty-fifth, forty-sixth, forty-seventh, fifty-second, and fifty- third classes. Sec. 10 1. In each of the counties of the twenty-fifth, thirty-third, thirty -fifth, fortieth, forty-second, forty-third, forty-fifth, forty-sixth, forty-seventh, fifty-second and fifty-third classes there shall be one probation officer. The salary of each of said probation officers shall be $10 per month. Eleventh class. Sec. 10m. In each of the counties of the eleventh class there shall be one probation officer. The salary of said probation officer shall be $80 per month. Fifty-sixth and fifty-seventh classes. Sec. lOn. In each of the counties of the fifty-sixth and fifty-sev- enth classes there shall be one probation officer. The salary of each of said probation officers shall be $5 per month. Every other county. Sec. lOz. In every other county than those heretofore expressly enumerated the salary of the probation officer shall be $35 per month. How paid. Sec. 11. The salaries of all probation officers and assistant proba- tion officers shall be paid out of the county treasury of the county for 2064 APPENDIX. which they are appointed, respectively, in the same manner as the salaries of county officers. Expenses allowed. Sec. 12. The probation officers and assistant probation officers and deputy probation officers in all counties of the state shall.be allowed such necessary incidental expenses as may be authorized by the judge of the juvenile court; and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and said expenses shall be paid out of the county treasury upon a written order of the judge of the juvenile court of said county directing the county audi- tor to draw his warrant upon the county treasurer for the specified amount of such expenses. Office of probation officer created. Sec. 13. The offices of probation officer and assistant probation officer are hereby created. The probation officers and assistant proba- tion officers to serve hereunder in any county or city and county shall be nominated in such manner as the judge of the juvenile court in the respective counties or city and county shall direct; and the ap- pointment of such probation officers and assistant probation officers shall then be made by the judges of the respective juvenile courts. The term of office of probation officers and of assistant probation officers shall be two years from the date of their said appointments. Such probation officers and assistant probation officers may at any time be removed by the judge appointing them, in his discretion. Duty of clerk of court. Sec. 14. It shall be the duty of the clerk of any court before which a child is brought under the provisions of this act, before hearing, to notify the probation officer of the county thereof; except in cases where the child is brought before the court by a society, association or corporation which embraces within its objects the care of depend- ent or delinquent children, and which has in the last report thereon by the probation committee of such county, been favorably passed upon. JUVENILE COURT. 2065 Inquiries as to canss of dependency. Duties and powers of probation officer. Duties of deputy. Sec. 15. The probation officer shall inquire into the antecedents, character, family history, environment and cause of delinquency or dependency of every child brought before the juvenile court, and shall make his report in writing to the judge thereof; provided, however, that only when the judge so specially orders shall he make such in- quiry or report in the case of a dependent or delinquent child who J3 already in charge of a society, association or corporation which embraces within its objects the care of dependent children, and which has in the last report thereon by the probation committee of such county been favorably passed upon. In the event that such a society, association or corporation shall be so in charge it shall through its agents or superintendent make such report to the judge in place of the probation officer. It shall be the duty of said probation officer, agent or superintendent of such society, association or corporation to be present in court in order to represent the interests of the child when the case is heard, and to furnish to the court such information and assistance as it may require and to make such report at such time; and to take such charge of the child before and after the hearing as may be ordered. Every probation officer and assistant probation officer shall have the powers of a peace-otheer. At any time, in his discretion, such officer may bring any child committed to his care before tlie court for sueh further or other action as the court may deem proper. Any of the duties of a probation officer may be performed by an assistant or deputy probation officer, and shall be so performed when- ever directed by the probation officer; and it shall be the duty of the probation officer to see that his assistant and deputy probation offi- cers perform their duties. Criminal chaises against minors, proceedings in. BaiL Orders of juvenile court. Statutes of limitation suspended. Order of dis- charge, effect of. Sec. 16. ^Vhenever a deposition or complaint shall be filed in any court other than a superior court, charging a person with a crime ueu. L,aws — 121 2066 APPENDIX. and it shall be suggested to the judge, justice or recorder before whom such person is brought that the person charged is under the age of eighteen years, said judge, justice or recorder shall imme- diately suspend all proceedings against such person on said charge and examine into the age of such person and if, from such examina- tion, it shall appear to the satisfaction of said judge, justice or re- corder that such person is under the age above specified, he shall forthwith certify to the juvenile court of his county (a) that said person (naming him) is charged with such crime (briefly stating its nature); (b) that the age of such person, exactly as possible, giving the birthday when known, and (c) the suspension of proceedings against such person on such charge by reason of his age, with the date of such suspension; and immediately thereupon all proceedings against the said person on said charge shall be suspended until said juvenile court shall issue its mandate, as hereinafter provided, direct- ing the court before which said charge was pending to proceed with the examination into or trial thereof, and the court so suspending its proceedings shall forthwith cause such person to be taken before the juvenile court of his county for consideration and proceedings under this act. When such person shall be brought before the judg3 of the juvenile court said judge shall cause a complaint to be filed as provided in section 3 of this act and shall fix a time for consider- ing said matter and shall cause citation to be issued, as provided in section 4 of this act. Pending such hearing, said judge may admit such person to bail or otherwise provide for his temporary custody in any manner provided herein for the care of a child after the finding of its delinquency. The judge of said juvenile court may further inves- tigate the age of such person and may also inquire into the condi- tion and care of such person and make such orders for his disposition under the provisions of this act as he may deem proper. If said judge shall, after such investigation, decide that such person was nt the time said offense was alleged to have been committed of the age of eighteen years or more, such determination shall be conclusive and he shall immediately issue his mandate directing the court before which such charge is pending to proceed therewith, and upon receipt of such mandate said court shall proceed with the examination or trial of said charge as though no suspension thereof had taken place; JUVENILE COURT. 2007 provided, however, that if the court sliall find that the person so charged is under the age of eighteen years and a fit subject for consideration under the provisions of this act, and is a delinquent child, he may make such order or orders hereunder as he may deem best in relation to such person; provided further, however, that if such judge shall at any time conclude that such person is not a fit subject for further consideration under this act, he may remand such person to the court in which said person is charged with said offense for further proceedings on said charge, and upon receipt of the mandate of said juvenile court, or the judge thereof, the court before which said charge is then pending shall be vested with full authority to proceed with the examination or trial thereof. All statutes of limitation relating to the charge so pending against such person shall be suspended as to said person and charge from the issuance by said judge, justice or recorder of his certificate herein- before provided for until said juvenile court, or the judge thereof, shall issue its mandate remanding such person for further proceed- ings as aforesaid; and all statutes of limitation relating to any charge, made in any court, against any person under the age of eighteen years, shall be suspended as to such charge and person whenever, and as long as, such person is before the juvenile court for consideration under the provisions of this act, or is detained by virtue of any commitment issued hereunder and unrevoked; provided, however, that if said child shall be discharged by the juvenile court as reformed, such order of discharge shall constitute a bar to any further proceed- ings in any court against said child upon said charge. Delinquency, petition for. Notice of hearing. Criminal prosecutions barred, when. Sec. 17. Whenever it is claimed that any child under the age of eighteen years is a delinquent child as defined in this act, a verified petition shall be filed in the juvenile court of the county wherein said delinquency occurred, stating such delinquency and the facts constituting the same, and that said child is under the age of eighteen years, and praying that the said court shall adjudge said child to be a delinquent child within the meaning of this act. Notice shall be given of the time and place of hearing as in the case of a child alleged 2068 APPiiiNDIX. to be a depciulent child, and the petition shall be heard at the time and place designated by the juvenile court. If the court shall ad- judge the child to be a delinquent child within the meaning of this act, such order shall be made as is meet in the premises, as in this act provided. If upon said hearing said court shall determine that said child is not a fit and proper subject to be dealt with under the reformatory provisions of this act, said court may dismiss the peti- tion hereunder and direct that such child be prosecuted under the general law. No child under eighteen years of age shall be prose- cuted for crime until the matter has first been submitted to the juvenile court by petition as herein provided, or by certificate of the lower court as provided in section 16 hereof. Suspensions of judgments in felony cases. Sec. 18. Whenever any person over the age of eighteen years and under the age of twenty years is accused of a felony, and the indict- ment or information has been filed in the superior court of the county wherein the crime was committed, charging said person with the commission of said felony, the judge may, in his discretion, with the consent of the accused, or upon his request, arrest said proceeding at the time of arraignment or at any time previous to the impanel- ment of a jury, except wher^ the crime charged is a capital offense or an attempt to commit a capital offense, and may proceed to in- vestigate the charge against the defendant, and all the facts and circumstances necessary to determine the proper disposition to be made of said person, and shall determine whether said person shall be dealt with as a delinquent under the provisions of this act. If the court is satisfied upon such investigation that said person should be declared a delinquent and should be dealt with under this act, it may make such order as herein provided for the disposition of de- linquent children. If such person thereafter prove not to be ame- nable to the discipline of the school to which he may be committed, and the trustees thereof shall determine that said person should be committed to a state penitentiary, such person shall be returned to the custody of the sheriff of the county in which such crime was committed, and thereafter proceedings shall be had upon the indict- ment or information commencing at the point at which proceedings JUVENILE COURT. 2069 were arrested; and said person shall be tried for the offense alleged in the information, and if convicted shall be sent to the peniten- tiary for such time as the court may determine, or otherwise dealt with in accordance with the law for dealing with persons convicted of a felony. If no request is made by the defendant for proceedings under this statute, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceedings under this statute, said cause shall proceed in the or- dinary manner up to the verdict of guilty or not guilty, as the case may be. If said person is convicted, the court may thereafter receive such evidence as may be offered, touching the question as to whether or not said person should be dealt with as a delinquent in the man- ner hereinbefore provided in case of the application and consent of the accused before trial, and may make such order of probation or commitment to said state schools, and may from time to time modify said probation orders, as is herein provided in the case of children adjudged delinquent. If such person during the period of his commitment to said state institution, proves to be incorrigible or not amenable to the discipline of such institution, and it shall be deemed advisable in the judgment of the trustees of such institu- tion that said person be sent to the penitentiary, then said person shall be returned to the superior court in which the verdict was rendered, for sentence, and thereupon the court shall pronounce judg- ment. Detention pending hearing. Sec. 19. In the case of a child alleged to be delinquent within the meaning of this act, the juvenile court may, pending the hearing, at any time before the child is adjudged delinquent or otherwise dis- posed of, order that said child be detained in any detention home provided for that purpose by any county or it may be otherwise tem- porarily provided for as to the court may seem fit in any manner provided herein for the care of a child after the termination of his delinquency. Disposition of child declared delincLuent. Sec. 20. If the court find a child to be delinquent, then the court may commit the child to the care and custody of the probation oJlicur ,2070 APPENDIX, and may allow the said child to remain in the home of said child, subject to the visitation of a probation officer, and such child shall report to the probation officer as often as may be required, and be subject to be returned to the court for further proceedings whenever such action may appear necessary or desirable, or the court may commit the child to the care and custody of the probation officer, to be placed in a suitable family home subject to the supervision of said probation officer and the further order of the court; or it may order the probation officer to board out the child in some suitable family home in case provision is made by voluntary contribution or otherwise for the payment of the board of said child until suitable provision may be made for the child in a home without such pay- ment; or the court may commit the child for such time during its minority as to the court may seem fit to the care and custody of some association, society or corporation that will receive it, embracing within its object the care of dependent or delinquent children; or the court may commit said child to a state school as hereinbefore provided, or to such other state institution as may be authorized by law to receive it. Provided further, that should the legislative body of the county or city and county, or if a municipality, provide a suitable place for the detention of such dependent or delinquent children which they are hereby authorized and required to do, such children may be committed thereto after the adjudication of depend- ency or delinquency for a definite period to be specified in such or- der, at the end of which time said child shall be brought before the court for further order of court. The court may thereafter set aside, change or modify said order and provide for a further detention in said place. The court shall retain the jurisdiction of any child who is found to be delinquent until such child attains its majority, or if a girl, until said child attains the age of twenty-one years (unless she is married with the consent of the court), or until said court is satisfied that said minor has fully reformed and that further direc- tion and supervision under the provisions of this act are unnecessary for his reformation. If a boy, said child may be committed by said court to the Whittier State School or the Preston State School of Industry at any time during his minority for the period of his minor- ity. If a girl, she may be committed to the said Whittier State School at any time before she is twenty-one years of age until she JUVENILE COURT. 2071 is twentj'-one years of age. Such child may be committed to any other institution now or hereafter provided by the state for such children. If such child, after being committed to the Whittier State School or the Preston State School of Industry or such other in- stitution, shall there prove to be incorrigible or incapable of refor- mation under the discipline of the school to which he may be committed, such child may be returned to the court for such further order or disposition as may at that time be determined. Upon the return of said child to the custody of the juvenile court, if said child be accused of felony, it shall be the duty of the judge of said court to sit as a committing magistrate and hold the preliminary examina- tion of such child, and if upon said hearing he shall determine that there is probable cause to believe that the child has committed the offense charged in the petition theretofore filed in said court, he shall hold such child to answer to the superior court, and thereupon the usual proceedings shall be had for the trial of said case in the supe- rior court after the filing of the information in pursuance to said order of said judge sitting as a committing magistrate, and said child shall be tried by court and jury in the usual manner for the trial of a felony. Provided, however, that no minor under the age of fourteen years at the time of the commission of the offense with which he is charged shall ever be sent to a penitentiary until he has first been committed to the Whittier State School or the Preston State School of Industry and has there proved to be incorrigible or not amenable to the discipline of said school. No minor who is under the age of eight years or who is suffering from any contagious, infectious or other disease which would probably endanger the lives or health of the other inmates of said state schools shall be committed thereto. No minor shall be committed to said state schools unless the judge of said court shall be fully satisfied that the mental and physical condition and qualifications of said minor are such as to render it probable that such minor will be benefited by the reformatory edu- cational discipline of such schools. Expense of maintenance. When county shall pay. Sec. 21. Any order providing for the custody of a dependent or delinquent child may provide that the expense of maintaining such child shall be paid by the parent or parents or guardian of such 2072 APPENDIX. child, and in such case shall state the amount to be so paid, and shall determine whether or not the parent or parents or guardian shall ex- ercise any control of said child, and define the extent thereof. Any disobedience of such order or interference with the custody of the child as therein determined shall constitute a contempt of court. If it be found, however, that the parent or parents or guardian of a dependent or delinquent child is unable to pay the whole expense of maintaining such child, the court may, in the order providing for the custody of such child, direct such additional amount as may be necessary to support such child to be paid from the county treas- ury of the county for the support of such child, the amount so or- dered to be paid from the treasury of said county not to exceed, in case of any one child, the sum of eleven dollars per month; provided, further, that no order for the payment or all or part of the expense of support and maintenance of a dependent or delinquent child from the county treasury shall be effective for more than six months, un- less a new order is secured at the expiration of that period. The court may thereafter set aside, change or modify any order herein provided for. Orders may be modified. Sec. 22. Any order made by said court in case of a dependent or delinquent person may at any time be changed and modified as to the judge may seem meet and proper. Private hearings. Sec. 23. Any child shall be entitled to a private hearing upon the question of its dependency or delinquency, and upon the request of said child, or either of his parents or guardian, such hearing shall be had privately in the manner provided by law for private hear- ings at preliminary examinations. An order of court adjudging a child dependent or delinquent under the provisions of this act shall in no case be deemed to be a conviction of crime. Minors under the age of sixteen, detention of. Sec. 2-L No court, judge, magistrate or peace-officer shall commit a child under sixteen years of age to any jail or prison, before trial and conviction, but if any such child is not released pending such JUVENILE COURT. 2073' hearing, he may be committed to the care and custody of a sherifif, constable or other peace-officer who shall keep such child in a deten- tion home or some other suitable place outside of the inelosure of any jail or prison, as the court may direct. When any child under sixteen years of age shall be sentenced to confinement in any insti- tution to which adult convicts or prisoners are sentenced or confined, it shall be unlawful to confine such child in the same room, yard or inelosure with such adult convicts or prisoners, or to permit such child to come or remain in contact with such adult convicts or prisoners. " Detention home," provision for. Sec. 25. It shall be the duty of the legislative body of every county, or city and county, immediately upon this act becoming effective, to provide and thereafter maintain, at the expense of such county, or city and county, a suitable house or place to be known as the " detention home " of said county, or city and county, for the detention of dependent and delinquent children. Su.ch detention home must not be in, or connected with, any jail or prison, and shall be conducted in all respects as nearly like a home as possible and shall not be deemed to be or treated as a penal institution. Such governing body must also provide for a suitable superintendent and matron to have charge of such detention home, and provide for the payment, out of the general fund of the county, or city and county, of suitable salaries for such superintendent and matron, such em- ployees to be appointed by said governing body, upon the nomina- tion of the probation committee and axjproval of the judge of the juvenile court. Penal liability of parents and guardians. Sec. 26. In all cases where any child shall be dependent or de- linquent under the terms of this act, the parent or parents, legal guardian or person having the custody of such child, or any other person who shall, by any act or omission, encourage, cause or con- tribute to the dependency or delinquency of such child shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding one thousand dollars or imprisonment in the county jail for not more than one year or by both such fine and imprison- 2074 APPENDIX. ment, and the juvenile court shall have jurisdiction of all such mis- demeanors; provided, however, that the court may suspend sentence for a violation of the provisions of this section and impose conditions as to the conduct, in the premises, of any person so convicted, and make such suspension to depend upon the fulfillment by such person of such conditions, and, in case of the breach of such conditions, or any thereof, the court may impose sentence as though there had been no such suspension. The court may also, as a coadition of such sus- pension, require a bond in such sum as the court may designate, to be approved by the judge requiring same, to secure the performance by such person of the conditions imposed by the court on such sus- pension. Such bond shall by its terms be made payable to the state of California, and any moneys received for a breach thereof shall be paid into the county treasury. Act, how to be construed. Certain words defined. Sec. 27. This act shall be liberally construed to the end that its purpose may be carried out, to wit: That the care, custody and dis- cipline of a child shall approximate as nearly as may be that which should be given by his parents, and in all cases where it can be properly done, the child shall be placed in an approved family, with people of the same religious belief, and become a member of the family, by legal adoption or otherwise. No child shall be taken from the custody of his parent or legal guardian, without the consent of such parent or guardian, unless the court shall find such parent or guardian to be incapable, or has failed or neglected to provide proper maintenance, training and education for the child; or unless said child has been tried on probation in said custody, and has failed to reform, or unless the court shall find that the welfare of said child requires his custody shall be taken from said parent or guardian. In this act, words used in any gender shall include all other gen- ders, and the word " county " shall include " city and county," the plural shall include the singular and the singular shall include the plural. Certain acts superseded. Sec. 28. This act shall supersede all provisions of the act entitled: " An Act to establish a state reform school tor juvenile offenders, and JUVENILE COUKT. 2075 to mnke an appropriation therefor," approved March 11, 1889, and all amendments thereto, and all provisions of the act entitled: "An Act to establish a school of industry and to provide for the mainte- nance and management of same, and to make an appropriation therefor," approved March 11, 1889, and all amendment thereto re- lating to the mode of commitments to the institutions therein named; but said acts shall control as to all matters concerning the manage- ment of said institutions, respectively. Certain acts repealed. Judgments heretofore made, effect of. See. 29. An act entitled: "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; pro- viding for the appointment of boards to investigate the qualifications of organizations receiving children under this act and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence," approved February 26, 1903; and the amendments thereto approved March 22, 1905, and March 27, 1907, are hereby repealed; provided, however, that all orders and judgments made heretofore under said act shall continue in full force and effect, and that the court shall retain jurisdiction of all children heretofore declared dependent or delinquent, and such children shall be hereafter dealt with in the same manner as if such orders had been made under the provisions of this act, and all proceedings now pend- ing shall be continued under the provisions of this act. All children now on probation from justice courts shall remain on probation for the period fixed in the judgment, and if required may be certified to the superior court in the manner in said act provided. When so certified the said certificate shall be dealt with in the same manner as herein provided for a petition alleging delinquency. Act takes effect when. Sec. 30. This act shall take effect immediately. 2076 APPENDIX. LABOR UNIONS. An Act to prevent persons from unlawfully wearing the button of any labor union of this state. [Approved March 20, 1909; Stats. 1909, p. 546.] Labor unions, protection of button. Section 1. Any person who shall willfully wear the button of any labor union of this state, unless entitled to wear said button under the rules of such union, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment for a term not to exceed twenty days in the county jail or by a fine not to exceed twenty dollars, or by both such fine and imprisonment. An Act to prevent persons from unlawfully using a union card. [Approved March 22, 1909; Stats. 1909, p. 668.] Union card, unlawful use of. Section 1. Any person, who shall willfully use the card of any labor union to obtain aid, assistance or employment, thereby within this state, unless entitled to use said card under the rules and regiUo- tions of a labor union within this state, shall be guilty of a mis- demeanor. Conflicting acts repealed. Sec. 2. All acts, and parts of acts, in co-afiict with the provisions of this act, are hereby repealed. LARCENY. 2077 LARCENY. 'An Act to more fully define the crime of larceny. [Approved March 6, 1872; Stats. 1871-72, p. 282.] § 1. Grand larceny. § 2. Petit larceny. Grand larceny. Section 1. Every person who shall convert any manner of real estate of the value of fifty dollars and upwards into personal prop- erty, by severing the same from the realty of another, with felonious intent to and shall so steal, take, and carry away the same, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punishable by imprisonment in the state prison for any term not less than one year nor more than fourteen years. Petit larceny. Sec. 2. Every person who shall convert any manner of real estate of the value of under fifty dollars into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take, and carry away the same, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punishable by imprisonment in the county jail for a period not more than one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. Severing and removing part of realty: See Pen. Code, § 495. An Act supplementary to an act entitled "An Act concerning crimes and punishments," passed April sixteenth, eighteen hundred and fifty. [Approved March 20, 1872; Stats. 1871-72, p. 435.] Grand larceny. Section 1. Every person who shall feloniously steal, take, and carry away, or attempt to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle-box, or sulphurate [sul- phuret-] machine any gold-dust, amalgam, or quicksilver, the property 2078 APPENDIX. of another, shall be deemed guilty of grand larceny, and upon con- viction thereof shall be punished by imprisonment in the state prison for any term of not less than one year nor more than fourteen years. Act takes effect when. Sec. 2. This act shall be in force from and after its passage. Kemains in force: See People v. Salvador, 71 Cal. 16. MASTER AND SERVANT. An Act to prevent misrepresentations of conditions of employment, mailing it a misdemeanor to misrepresent the same and providing pen- alties therefor. [Approved March 20, 1903; Stats. 1903, p. 269.] § 1. False representations of conditions of employment. § 2. Penalty. § 3. Act takes effect when. False representations of conditions of employment. Section 1. It shall be unlawful for any person, partnership, com- pany, corporation, association, or organization of any kind, doing business in this state directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this state or to change from any place in any state, territory, or country to any place in this state, to work in any branch of labor, through or by means of knowingly false repre- sentations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary conditions relating to or surrounding it, or the existence or non-existence of any strike, lockout, or other labor dis- pute affecting it and pending between the proposed employer or employers and the persons then or last theretofore engaged in the performance of the labor for which the employee is sought. Penalty. Sec. 2. Any violation of section one or section two hereof shall be deemed a misdemeanor, and shall be punished by a fine of not ex- OFFICERS — OLIVE-OIL. 2079 ceeding two thousatid dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Act takes effect when. Sec. 3. This act shall take effect on the date of its passage. OFFICERS. 'An Act relating to the intoxication of officers. [Approved April 15, 1880; Stats. 1880, p. 77.] Intoxication of ofiicers. Misdemeanor. Penalty. Section 1. Any officer of a town, village, city, county, or state, who shall be intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of, or neglects his duties, shall be guilty of a misdemeanor, and on con- viction of such misdemeanor shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper authority; provided, such accept- ance shall have been necessary to make the office vacant. Act takes effect when. Sec. 2. This act shall take effect immediately. OLIVE-OIL. An Act to regulate the sale of imitation olive-oil, and to repeal an act entitled "An Act to regulate the sale of olive-oil" approved March 10, 1891. [Approved March 23, 1893; Stats. 1893, p. 210.] § 1. Imitation oil, what constitutes. § 2. Imitation oil to be labeled. Letters, kind of type to be used. Names of ingredients to be given. § 3. Not to be consigned unless marked. Proviso. § 4. Not to be in possession. § 5. Not to be sold as pure olive-oil. Purchaser to be informed of imitation oil. Statement, what to contain. 2080 APPENDIX. § 6. Presumption as to persons having imitation oil. § 7. False representation as to imitation oil. § 8. Penalty for violation of provisions of this act. § 9. Who to enforce. § 10. Certain act repealed. Imitation oil. What constitutes. Section 1. That for the purpose of this act every article, sub- stance, or compound, or oil other than that extracted solely from the fruit of the olive-tree, made in the semblance of olive-oil extracted solely from the fruit of the olive-tree, is hereby declared to be imita- tion olive-oil. Imitation oil to be labeled. Letters, kind of type to be used. Names of ingredients to be given. See. 2. Each person who manufactures imitation olive-oil shall place upon every bottle, can, or other vessel containing such imitation oil, a label, with the words " imitation olive-oil " printed thereon in capital letters, in a clear and durable manner, in the English lan- guage, in plain type, designated and known as twenty-four-point letter type [sic] (two-line pica), of a Gothic face; said label shall also state plainly the name and address of the manufacturer or com- pounder, the name and place where manufactured and put up, and also the names and actual percentages of the different ingredients contained in each bottle, can, or vessel. Not to be consigned imless marked. Proviso. Sec. 3. No person, by himself or another, shall knowingly ship, consign, or forward by any common carrier, whether public or pri- vate, any imitation olive-oil, unless the same be marked as provided in section two of this act; and no carrier shall knowingly receive, for the purpose of forwarding or transporting, any imitation olive- oil, unless it shall be marked as hereinbefore provided, consigned, and by the carrier receipted for, as imitation olive-oil; provided, that this act shall not apply to any goods in transit between foreign countries and across the state of California. Not to be in possession. Sec. 4. No person shall knowingly have in his possession or under his control, any imitation olive-oil, unless the bottle, can, or vessel, OLIVE-OIL. 2081 or other package containing the same, be clearly marked, as pro- vided in section two of this act. Not to be sold as pure olive-oil. Purchaser to be informed of imita- tion oil. Statement, what to contain. Sec. 5. No person, by himself or another, shall knowingly sell or offer for sale imitation olive-oil under the name of or under the pretense that the same is pure olive-oil; and no person, by himself or another, shall knowingly sell any imitation olive-oil unless he shall inform the purchaser at the time of sale that the same is imitation olive-oil, and shall deliver to the purchaser at the time of sale a statement, clearly printed in the English language, which shall refer to the article sold, and which shall contain, in plain type, designated and known as twenty-four-point letter type [sic] (two-line pica), of a Gothic face, in capital letters, the words " imitation olive-oil," and shall give the name and place of business of the manufacturer or compounder. Presumption as to persons having imitation oil. Sec. 6. Every person having possession or control of any imitation olive-oil, which is not marked as required by the provisions of this act, shall be presumed to have known, during the time of such pos- session or control, that the same was imitation olive-oil. False representation as to imitation oil. Sec. 7. No person shall expose for sale any oil bearing the sem- blance of olive-oil, manufactured out of the state, and represent that it is manufactured in this state, nor shall offer for sale any such oil upon the receptacle of which is any cut, design, or mark intended to convey the belief that such is manufactured in this state. Penalty for violation of provisions of this act. Sec. 8. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six mouths, or by both fine and imprisonment, as the court may direct. 2082 APPENDIX. Who to enforce. Sec. 9. It shall be the duty of the state board of horticulture and the state analyst to enforce the provisions of this act. Certain act repealed. Sec. 10. An act entitled "An Act to regulate the sale of olive- oil," approved March tenth, eighteen hundred and ninety-one, is hereby repealed. POISON. An Act to regulate the sale of poisons in the state of California and' providing a penalty for the violation thereof. Amendment of title of act. The original title of this act was amended in 1909 by adding the words " and use " after " to regulate the sale." [1. Approved March 6, 1907; Stats. 1907, p. 124. 2. Amended March 19, 1909; Stats. 1909, p. 422.] § 1. Poison packages to be labeled. Purchaser must be put on inquiry. Sales to be recorded. Form of record. § 2. Form of label. § 3. State board of pharmacy to adopt schedule of antidotes. Entries to be in English. § 4. State board may prohibit sale of any poison. § 5. Duty of wholesale dealers. § 6. Duty of district attorney. § 7. Penal section. Schedule of poisons. Schedule "A." Schedule "B." § 8. Sale of opium, etc. Written order to be retained. As to wholesalers. Habitual users of opium, etc. § 9. Drugs exempted from registration, § 10. Conflicting acts repealed. Poison packages to be labeled. Purchaser must be put on inquiry. Sales to be recorded. Form of record. Section 1. It shall be unlawful for any person to vend, sell, give away or furnish either directly or indirectly, any poisons enumerated in schedules "A" and " B " in section seven of this act set forth as hereinafter set forth in this act, without labeling the package, 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 person furnishing the same. Said label shall be substantially in the form hereinafter provided. It shall be unlawful to sell or deliver POISON. loss any of the poisons named in schedule "A" or any other dangerously poisonous drug, chemical, or medicinal substance, which may from time to time be designated by the state board of pharmacy of California, unless on inquiry it is found that the person desiring the same is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose. It shall be unlawful for any person to give a fictitious name or make any false representa- tions to the seller or dealer when buying any of the poisons thus enumerated. Printed notice of all such additions to the schedule of poisons named and provided for in this section, and the antidote adopted by the board of pharmacy for such poisons, shall be given to all registered pharmacists with the next following renewal of their certificates. It shall be unlawful to sell or deliver any poison in- cluded in schedule "A" or the additions thereto, without making or causing to be made, an entry in a book kept solely for that purpose, stating the date and hour of sale, and the name, address and signature of the purchaser, the name and quantity of the poison sold, the statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a duly registered phar- macist. Said book shall be in form substantially as follows: Date and Hour. Name I of I Residence. Purchaser. Kind and Quality. Purpose of Use. Signature Signature of of Druggist. Purcliaser. This book shall always be open for inspection by the proper author- ities, and shall be preserved for at least five (5) years after the date of the last entry therein, [Amendment. Approved March 19, 1909; Stats. 1909, p. 423.] Form of label. Sec. 2. The label required by this act, to be placed on all pack- ages of poison, shall be printed upon red paper in distinct white letters, or in distinct red letters upon white paper, and shall contain the word " poison," the " vignette " representing the skull and cross- bones, and the name and address of the person or firm selling the same. The name of an antidote if any there be for the poison sold, shall also be upon the package. No poison shall be sold or delivered to any person who is less than eighteen years of age. 2084 APPENDIX. state board of pharmacy to adopt schedule of antidotes. Entries to toe in English. Sec. 3. It shall be the duty of the state board of pharmacy to adopt a schedule of what in their judgment are the most suitable common antidotes for the various poisons usually sold. After the board has adopted the schedule of antidotes as herein provided for, they shall have the same printed and shall forward by mail one copy to each person registered upon their books, and to any other person applying for the same. The particular antidote adopted (and no other) shall appear on the poison label, provided for in section 2 of this act, or be attached to the package containing said poison. The board shall have power to revise and amend the list of antidotes from time to time, as to them may seem advisable. The entries in the poison-book and the printed or written matter provided for in sec- tion 2 and 3 of this act, shall be in the English language, provided that the vendor of said poison may enter the same in any foreign language he may desire, in addition to said entry and label in English. State board may prohibit sale of any poison. Sec. 4. When in the opinion of the state board of pharmacy, it is in the interest of the public health, they are hereby empowered to further restrict, or prohibit the retail sale of any poison by rules, not inconsistent with the provisions of this act, by them to be adopted, and which rules must be applicable to all persons alike. It shall be the duty of the board, upon request, to furnish any dealer with a list of all articles, preparations and compounds, the sale of which is prohibited or regulated by this act. Duty of wholesale dealers. Sec. 5. Wholesale dealers and pharmacists shall affix or cause to be affixed to every bottle, box, parcel or other inclosure of an original package containing any of the articles named in schedule "A" the additions thereto, or in sections 8 and 9 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 to a registered pharmacist, physician, dentist or veterinary surgeon duly licensed to practice in the state; provided, that the provisions POISON. 208") of this act shall not apply to the sale of such upon the prescriptions of practicing physicians, dentists or veterinary surgeons who are duly licensed to practice in this stat^. Duty of district attorney. Sec. 6. It is hereby made the duty of the district attorney of the county wherein any violation of this act is committed, to conduct all actions and prosecutions for the same, at the request of the board of pharmacy. Penal section. Schedule of poisons. Schedule "A." Schedule " B." Sec. 7. Any person violating any of the provisions of section eight of this act shall upon conviction be punished as follows, viz.: for the first offense by a fine of not less than one hundred dollars, and not to exceed two hundred and fifty dollars, or by imprisonment for not more than one hundred days or by both fine and imprison- ment; for the second offense by a fine of not less than two hundred and fifty dollars, and not to exceed five hundred dollars, or by imprison- ment for not more than two hundred days or by both such fine and imprisonment; and for the third offense by imprisonment in the state prison for not less than one year and not more than five years. Any person violating any of the provisions of this act, except those con- tained in section eight, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than thirty dollars, nor more than one hundred dollars, or by imprisonment for not more than fifty days or by both such fine and imprisonment. All fines collected shall be paid seventy-five (75%) per cent to the state board of pharmacy, and twenty-five (25%) per cent to the county treasurer of the county in which the prosecution is conducted. The following is schedule "A" referred to in section one, viz.: Schedule "A," arsenic, its compounds and preparations, corrosive sublimate and other poisonous derivatives of mercury, corrosive-sub- limate tablets, antiseptic tablets containing corrosive sublimate, cyanide of potassium, strychnine, hydrocyanic acid, oils of croton, rue and tansy, phosphorus and its poisonous derivatives or com- pounds, compound solution of cresol, lysol, strophanthus or its prepa- rations, aconite, belladonna, nux vomica, veratrum viride, their preparations, alkaloids or derivatives. 2086 APPENDIX. The following is schedule "B": Hydrochloric or muriatic acid, nitric acid, oxalic acid, sulphuric acid, bromide, chloroform, cowhage, crfiosote, ether, solution of formaldehyde or formalin; cantharides, cocculus indicus, Indian hemp or their preparations; iodine, or its tinctures, oils of savin and pennyroyal, tartar emetic and other poisonous derivatives of antimony, sugar of lead, sulphate of zinc, wool [wood-] alcohol. [Amendment. Approved March 19, 1909; Stats. 1909, p. 423.] Sale of opium, etc. Written order to be retained. As to wholesalers. Habitual users of opium, etc. Sec. 8. It shall be unlawful for any person, firm, or corporation to sell, furnish or give away, or ofPer to sell, furnish or give away, or to have in their or his possession any cocaine, opium, morphine, codeine, heroin or chloral hydrate or any salt derivative or compound of the foregoing substances, or any preparation or compound con- taining any of the foregoing substances or their salts, derivatives or compounds, except upon the written order or prescription of a phy- sician, dentist or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or if ordered by a veterinary surgeon shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered, or prescribed, and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium, or one grain of morphine, or two grains of codeine, or half a grain of heroin or sixty grains of chloral hydrate, except upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any per- son, but the original shall at all times be open to inspection by the prescriber and properly authorized oflicers of the law; provided, that the above provisions shall not apply to preparations sold or dispensed without a physician's prescription, containing less than two grains of opium, or one quarter grain of morphine or one half grain of POISON. 2087 codeine, or one sixth grain heroin, or ten grains chloral hydrate in one fluid ounce, or, if a solid preparation, in one avoirdupois ounce; and provided further, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to phar- macies, as defined in section one of an act entitled: "An Act to regu- late the practice of pharmacy in the state of California and to pro- vide a penalty for the violation thereof; and for the appointment of a board to be known as the California state board of pharmacy, approved March 20th, 1905, and acts amendatory thereto;" or physi- cians, nor to each other, nor to the sale at retail by retail pharmacies, to physicians, dentists, or veterinary surgeons duly licensed to prac- tise in this state. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or to prescribe for the use of. any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, or chloral hydrate, or any salt, derivative or compound of the foregoing substances, or any preparation containing any of the foregoing substances or their salts, derivatives or compounds, and it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treat- ment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this sec- tion shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith for the habitual user of any narcotic drugs who is under his professional care, such sub- stances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act. [Amendment. Approved March 19, 1909; Stats. 1909, p. 424.] Drugs exempted from registration. Sec. 9. The sale or furnishing of carbolic acid (phenol) in quan- tities of less than one pound is prohibited unless upon the prescrip- tion of a physician, dentist or veterinary surgeon duly licensed to practice in this state; but this prohibition shall not apply to solu- tions of carbolic acid (phenol) containing not over ten per cent of 2088 APPENDIX. the carbolic acid (phenol) and not less than ten per cent of ethyl alcohol. All sales of carbolic acid (phenol) thus diluted with water and ethyl alcohol so as to contain not more than ten per cent of carbolic acid (phenol) can be made under the same conditions as the drugs enumerated in schedule " B " as found in section seven, but sales of carbolic acid (phenol) containing more than ten per cent of said acid shall be registered subject to the same regulations as the poisons enumerated in schedule "A" as found in section 7. [Amend- ment. Approved March 19, 1909; Stats. 1909, p. 425.] Conflicting acts repealed. Sec. 10. All acts and parts of acts in conflict with this act are hereby repealed. POLICE. An Act to create a police relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state. [1. Approved March 4, 1889; Stats. 1889, p. 56. 2. Amended March 31, 1891; Stats. 1891, p. 287. 3. Amended March 31, 1891; Stats. 18t)l, p. 469. 4. Amended March 2, 1897; Stats. 1897, p. 52.] § 1. Who to constitute board of trustees of police relief or pension fund. § 2. Organization and officers. § 3. Qualifications to receive pension. § 4. Physical disability. Restoration. § 5. Evidence of disability to be filed. § 6. Pension to family. § 7. Stipulated sum to family. § 8. Re-examination. § 9. Forfeiture of pension. § 10. Meetings, and duties of board. § 11. Other powers of board. § 12. Annual payments into fund by supervisors. § 13. Mergement of other insurance funds. § 14. Reports. § 15. Conflicting acts repealed, § 16. Act takes effect when. Who to constitute board of trustees of police relief or pension fund. Section 1. The chairman of the board of supervisors of the county, city and county, city, or incorporated town in which there is no board POLICE. 2089 of police commissioners, the treasurer of the county, city and county, or incorporated town, and the chief of police, and their successors in office, are hereby constituted a board of trustees of the police relief or pension fund of the police department, to provide for the disburse- ment of the same and to designate the beneficiaries thereof, as here- inafter directed, which board shall be known as the " Board of Police Pension Fund Commissioners;" provided, however, that where there is in any county, city and county, city, or town, a board of police commissioners, then such body shall constitute said board of trustees of the police relief and pension fund of the police department. [Amendment. Approved March 31, 1891; Stats. 1891, p. 469.] Organization and officers. Sec. 2. They shall organize as such board by choosing one of their number as chairman, and by appointing a secretary. The treasurer of the county, city and county, city, or town shall be ex officio treas- urer of said fund. Such board of trustees shall have charge of and administer said fund, and to order payments therefrom in pursuance of the provisions of this act. They shall report annually, in the month of June, to the board of supervisors, or other governing author- ity of the county, city and county, city, or incorporated town, the condition of the police relief and pension fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. [Amend- ment. Approved March 31, 1891; Stats. 1891, p. 469.] Qualifications to receive pension. Sec. 3. Whenever any person at the taking effect of this act, or thereafter, shall have been duly appointed or selected, and sworn, and have served for twenty years, or more, in the aggregate, as a member, in any capacity or any rank whatever, of the regularly con- stituted police department of any such county, city and county, city, or town which may hereafter be subject to the provisions of this act, said board may, if it see fit, order and direct that such person, after becoming sixty years of age, be retired from further service in such police department, and from the date of the making of such order the service of such person in such police department shall cease, and such person so retired shall thereafter, during Ms lifetime, be paid 2090 APPENDIX, from such fund a yearly pension equal to one half of the amount of salary attached to the rank which he may have held in said police department for the period of one year next preceding the date of such retirement. [Amendment. Approved March 2, 1897; Stats. 1897, p. 52. Physical disability. Restoration. Sec. 4. Whenever any person, while serving as a policeman in any such county, city and county, city, or town, shall become physically disabled by reason of any bodily injury received in the immediate or direct performance or discharge of his duty as such policeman, said board may, upon his written request, or without such request, if it deem it to be for the good of said police force, retire such person from said department, and order and direct that he shall be paid from said fund, during his lifetime, a yearly pension equal to one half of the amount of salary attached to the rank which he may have held on such police force at the date of such retirement, but on the death of such pensioner his heirs or assigns shall have no claim against or upon such police relief or pension fund; provided, that whenever such dis- ability shall cease such pension shall cease, and such person shall be restored to active service at the same salary he received at the time of his retirement. [Amendment. Approved March 2, 1897; Stats. 1897, p. 52.] Evidence of disability to be filed. Sec. 5. No person shall be retired, as provided in the next preced- ing section, or receive any benefit from said fund, unless there shall be filed with said board certificates of his disability, which certifi- cates shall be subscribed and sworn to by said person, and by the county, city and county, city, or town physician (if there be one), and two regularly licensed practicing physicians of such county, city and county, city, or town, and such board may require other evidence of disability before ordering such retirement and payment as afore- said. Pension to family. Sec. 6. Whenever any member of the police department of such county, city and county, city, or town shall lose his life while in the POLICE. 2091 performance of his duty, leaving a widow, or child or children under the age of sixteen years, then upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one third the amount of the salary attached to the rank which such member held in said police department at the time of his death, shall be paid to such widow during her life, or if no widow, then to the child or children, until they shall be sixteen years of age; provided, if such widow, or child or children, shall marry, then such person so marrying shall thereafter receive no further pension from such fund. Stipulated sum to family. Sec. 7. Whenever any member of the police department of such county, city and county, city, or town, shall, after ten years of ser- vice, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thousand dollars from such fund. [Amendment. Approved March 31, 1891; Stats. 1891, p. 287.] Re-examination. Sec. 8. Any person retired for disability under this act may be summoned before the board herein provided for at any time there- after, and shall submit himself thereto for examination as to his fit- ness for duty, and shall abide the decision and order of such board with reference thereto; and all members of the police force who may be retired under the provisions of this act shall report to the chief of police of the county, city and county, city, or town where so re- tired, on the first Mondays of April, July, October, and January of each year; and in cases of great public emergency may be assigned to and shall perform such duty as said chief of iwlice may direct; and such persons shall have no claim against the county, city and county, city, or town for payment for such duty so performed. Forfeiture of pension. Sec. 9. When any person who shall have received any benefit from said fund shall be convicted of any felony, or shall become an habitual drunkard, or shall become a non-resident of this state, or shall fail to report himself for examination for duty as required herein, unless 2092 APPENDIX. excused by the board, or shall disobey the requirements of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease, and such person shall receive no further pension, allowance, or benefit under this act. Meetings, and duties of board. Sec. 10. The board herein provided for shall hold quarterly meet- ings on the first Mondays of April, July, October, and January of each year, and upon the call of its president; it shall biennially select from its members a president and secretary; it shall issue war- rants, signed by its president and secretary, to the persons entitled thereto of the amount of money ordered paid to such persons from such fund by said board, which warrant shall state for what purpose such payment is to be made; it shall keep a record of all its proceed- ings, which record shall be a public record; it shall at each quarterly meeting send to the treasurer of the county, city and county, city, or town, and to the auditor of such county, city and county, city, or town, a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such pay- ments and for what granted, which list shall be certified to and signed by the president and secretary of such board, attested under oath. The auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, and which shall be known as " the police relief and pension fund " book. When such list has been entered by the auditor he shall transmit the same to the board of supervisors, or other governing authority of such county, city and county, city, or town, which board or authority shall order the payment of the amounts named therein out of " the police relief and pension fund." A majority of all the members of said board herein provided for shall constitute a quorum and have power to transact business. Other powers of board. Sec. 11. The board herein provided for shall, in addition to other powers herein granted, have power: First — To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before POLICE. 2093 notaries public; and its president, or any member of said board, may administer oaths to such witnesses. Second — To appoint a secretary, and to provide for the payment from said fund of all its necessary expenses, including secretary hire and printing; provided, that no compensation or emolument sliall be paid to any member of said board for any duty required or per- formed under this act. Third — To make all needful rules and regulations for its guidance, in conformity with the provisions of this act. Annual payments into fund by supervisors. Sec. 12. The board of supervisors, or other governing authority, of any county, city and county, city, or town shall, for the purposes of said " police relief and pension fund " hereinbefore mentioned, direct the pa^-ment annually, and when the tax levy is made, into said fund, of the following moneys: First — Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places wherein spirituous, malt, or other intoxicating liquors are sold. Second — One half of all moneys received from taxes or from licenses upon dogs. Third — All moneys received from fines imposed upon the members of the police force of said county, city and county, city, or town, for violation of the rules and regulations of the police department. Fourth — All proceeds of sales of unclaimed property. Fifth — Not less than one fourth nor more than one half of all moneys received from licenses from pawnbrokers, billiard-hall keepers, second-hand dealers, and junk-stores. Sixth — All moneys received from fines for carrying concealed weapons. Seventh — Twenty-five per centum of all fines collected in money for violation of county, city and county, city, or town ordinances. Eighth — All rewards given or paid to members of such police force, except such as shall be excepted by the chief of police. Ninth — The treasurer of any county, city and county, city, or town shall retain from the pay of each member of police department the sum of two dollars per month, to be forthwith paid into said police relief and pension fund, and no other or further retention or deduc- 2094 APPENDIX. tion shall be made from such pay for any other fund or purpose what- ever. Mergement of other insurance funds. Sec. 13. Any police, life, and health insurance fund, or any fund provided by law, heretofore existing in any county, city and county, city, or town, for the relief or pensioning of police-officers, or their life or health insurance, or for the payment of a sum of money on their death, shall be merged with, paid into, and constitute a part of the fund created under the provisions of this act; and no person who has resigned or been dismissed from said police department shall be entitled to any relief from such fund; provided, that any person who, within one year prior to the passage of this act, has been dismissed from the police department for incompetency or inefficiency, and which incompetency or inefficiency was caused solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve or more years as such member, shall be entitled to all the benefits of this act. Reports. Sec. 14. On the last day of .June of each year, or as soon there- after as practicable, the auditor of such county, city and county, city, or town shall make a report to the board of supervisors, or other governing authority of such county, city and county, city, or town, of all moneys paid out on account of said fund during the previous year, and of the amount then to the credit of the " police relief and pension fund," and all surplus of said fund then remaining in said fund ex- ceeding the average amount per year paid out on account of said fund during the three years next preceding, shall be transferred to and be- come a part of the general fund of every such county, city and county, city, or town, and no longer under the control of said board, or sub- ject to its order. Payments provided for in this act shall be made quarterly, upon proper vouchers. Conflicting acts repealed. Sec. 15. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. POLICE. 2095 Act takes effect when. Sec. 16. This act ghall take effect from and after its passage. Rights of officer in fund: See Pennie v. Reis, 132 U. S. 464. An Act to provide for the compensation of the chief and captain of police and police-officers, in cities in the state of California containing not less than ten thousand and not exceeding twenty-five thousand inhahitants. [Approved March 23, 1893; Stats. 1893, p. 280.] Act unconstitutional. This act was declared unconstitutional in Darcy v. Mayor of San Jose, 104 Cal. 642. An Act to increase the police force of the various cities, and cities and counties, and towns, of the state, and to provide for the appointment of such extra police-officers, and for the payment of their salaries. [Approved February 24, 1891; Stats. 1891, p. 10.] § 1. Police forces. How appointed. § 2. Salaries. § 3. Who included in terms " common council," " board of trustees," and " board of supervisors." § 4. Act takes effect when. Police forces. How appointed. Section 1. The board of supervisors, board of trustees, or common council of a city, or city and county, or town, of this state, of the first, second, or fourth classes, are hereby authorized and empowered to increase the police force of their respective cities, and cities and counties, or towns, from time to time, as may be deemed necessary by said common council, board of trustees, or board of supervisors; pro- vided, that the police force in any city, or city and county, shall not exceed in the aggregate, at any time, one member for every five hun- dred inhabitants of such city, or city and county; provided further, that in cities of the third class the police force shall not exceed in the aggregate, at any time, one member for every one thousand in- habitants of said cities, according to the latest census of the United 2096 APPENDIX. states; said additional police force to be appointed by the board of police commissioners or other board or authority now by law em- powered to appoint police-officers in their respective cities, or cities and counties, or towns. Salaries. Sec. 2. The salary of additional police-officers hereby authorized shall be of the same amounts for each officer as is now paid by law to the other members of such police force in their respective cities, or cities and counties, or towns; and said additional police-officers shall be paid at the same time and in the same manner and out of the same fund as the other members of their respective police forces are now or shall hereafter be paid. Who included in terms " common council," " "board of trustees," and "board of supervisors." Sec. 3. The terms common council, board of trustees, and board of supervisors are hereby declared to include any body or board which, under the law, is the legislative department of the government of any city, or city and county, or towns. Act takes effect when. Sec. 4. This act shall be in force and effect from and after its passage. An Act authorising and requiring hoards or commissions having th€> management and control of paid police force to grant the members thereof yearly vacations. [1. Approved March 10, 1891; Stats. 1891, p. 47. 2. Amended February 28, 1907; Stats. 1907, p. 62.] Leaves of absence of police-officers, with pay. Section 1. In every city or city and county of this state where there is a regular organized paid police force, the board of supervisors, common council, commissions or other body having the management and control of the same must once in every year provide for granting every member thereof a leave of absence from active duty for a period of fifteen days. Leaves of absence so granted must be arranged POLICE. 2097 by said board or commission so as not to interfere with the police pro- tection of any such city, or city and county; and leaves of absence granted in case of sickness or in consideration of wounds or injuries received while in the discharge of duty shall not be construed to be or become a part of the leave of absence provided for by this act. No deduction must be made from the pay of any police-officer granted leave of absence under the provisions of this act. [Amendment. Ap- proved February 28, 1907; Stats. 1907, p. 62.] Act takes effect when. Sec. 2. This act shall take effect immediately. An Act regulating the hours of service on regular duty hy memhcrs of the police department of cities of the first class, cities and co^mties, cities of the first and one half class, and cities of the second class. [Approved February 27, 1903; Stats. 1903, p. 51.] Hours of duty of police-officers. Section 1. In all cities of the first class, cities and counties, cities of the first and one half class, and cities of the second class of this state where a regular police department is maintained, patrol cap- tains, lieutenants, sergeants, and regular officers shall be required to serve on duty not longer than eight hours in every twenty-four hours; provided, that in case of riot or other emergency, every attache of the police department shall perform such duty and for such time as the directing authority of the department shall require. Act takes effect when. Sec. 2. This act shall take effect immediately. Gen. Laws — 122 2098 APPENDIX. An Act to provide for the appointment of policemen, with the powers of peace-officers, to serve upon the premises, cars or boats of railroad and steamship companies. [Approved March 23, 1901; Stats. 1901, p. 666.] § 1. Governor to appoint policemen for railroad and steamboat corporations. § 2. Officers to wear visible shield. § 3. Act takes effect when. Governor to appoint policemen for railroad and steamboat corpora- tions. Section 1. The governor of the state of California is hereby author- ized and empowered, upon the application of any railroad or steam- boat company, to appoint and commission during his pleasure one or more persons designated by such company and to serve at the expense of such company, as policeman or policemen, with the powers of peace- officei-s, and who, after being duly sworn, may act as such policeman or policemen upon the premises, cars or boats of such company. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority. Officers to wear visible shield. Sec. 2. Every such policeman shall, when on duty, wear in plain view a shield bearing the words " railroad police," or " steamboat police," as the case may be, and the name of the company for which he is commissioned. Act takes effect when. Sec. 3. This act shall take effect immediately. An Act relating to senior rights of members of paid police departments of counties, cities and counties, cities or towns. [Approved February 23, 1907; Stats. 1907, p. 46.] Police department. Senior rights in assignment of duty. Section 1. Whenever a member of a paid police department of any county, city and county, city or town shall have served ten years as a member of such police department, he shall be entitled to senior rights in assignment of duties, and shall be entitled to day-work in prefer- PUBLIC HEALTH. 2099 ence to members of such department, who have served less than ten years. Act takes effect when. Sec. 2. This act shall take effect immediately. PUBLIC HEALTH. An Act to protect p^iblic health from infection caused hy erhunmtion and removal of the remains of deceased persons. [1. Approved April 1, 1878; Stats. 1877-78, p. 1050. 2. Amended March 13, 1889; Stats. 1889, p. 139.] § 1. Disinterring bodies unlawful without permit. § 2. Permits granted upon what. Contents of permit. § 3. Misdemeanor. Transportation of bodies, etc. § 4. Misdemeanor. § 5. Reward for information. § 6. Removal of remains of deceased persons. § 7. Act takes effect when. Disinterring bodies unlawful without permit. Section 1. It shall be unlawful to disinter or exhume from a grave, vault, or other burial-jilace, the body or remains of any deceased per- son, unless the person or persons so doing shall first obtain, from the board of health, health-officer, mayor, or other head of the municipal government 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, exhumed, or taken from any grave, vault, or other place of burial or deposit, be removed or transported in or through the streets or highways of any city, town, or city and county, unless the person or persons removing or transporting such body or remains shall first obtain, from the board of health or health-officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writ- ing, so to remove or transport such body or remains in and through such streets and highways. Permits granted upon what. Contents of permit Sec. 2. Permits to disinter or exhume the bodies or romnins of de- ceased persons, as in the last section, may be granted, provided the 2100 APPENDIX. person applying therefor shall produce a certificate from the coroner, the physician who attended such deceased person, or other physician in good standing cognizant of the facts, which certificate shall state the cause of death or disease of which the person died, and also the age and sex of such deceased; and provided, further, that the body or remains of deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any nox- ious or oifensive odor or effluvia escaping therefrom, and that such case or coffin contains the body or remains of but one person, except where infant children, of the same parent or parents, or parent and children are contained in such case or coffin. And the permit shall contain the above conditions and the words " Permit to remove and transport the body of , age , sex ,[ " ] and the name, age, and sex shall be written therein. The officer of the muuici pal 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 dol- lars, to be kept as a separate fund by the treasurer, and which shall be used in defraying expenses of and in respect to such permits, and for the inspection of the metallic cases, coffins, 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. Transportation of bodies, etc. Sec. 3. Any person or persons who shall disinter, exhume, or re- move, or cause to be disinterred, exhumed, or removed from a grave, vault, or other receptacle or burial-place, the body or remains of a deceased person, without a permit therefor, shall be guilty of a mis- demeanor, and be punished by fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment. Nor shall it be lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, steamship, steamboat, or vessel, for transportation in or 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. PUBLIC HEALTH. 2101 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 high- ways of any city or town, or city and county, of this state, the body or remains of a deceased person, which shall have been disinterred or exhumed without a permit, as described in section two of this act, shall be guilty of a misdemeanor, and be punishable as provided in section three of this act. Reward for information. Sec. 5. Any person wlio shall give information to secure the con- viction of any person or persons for the violation of the provisions of this act, shall be entitled to receive the sum of twenty-five dollars, to be paid from the fund collected from fines imposed and accruing under this act. Removal of remains of deceased persons. See. 6. Nothing in this act contained shall be talcen to apply to the removal of the remains of deceased persons from one place of inter- ment to another cemetery or place of interment within this state; provided, that no permit shall be issued for the disinterment or re- moval of any body unless such body has been buried for one year or more, without the written consent of the mayor, chairman of the board of supervisors, or city council of any municipality of the state. [Amendment. Approved March 13, 1889; Stats. 1889, p. 139. In effect immediately.] Act takes effect when. Sec. 7. This act shall take effect and be in force from the thirtieth day after its passage and approval. 2102 SCHOOL OF INDUSTRY. Act relating to commitments to school of industry: See post, Appendix, tit. " School of Reform." An Act to estailisJi a school of industry, to provide for the maintenance and management of the same, and to make an appropriation therefor. [1. Approved March 11, 1889; Stats. 1889, p. 100. 2. Amended February 27, 1893; Stats. 1893, p, 39. 3. Amended April 16, 1909; Stats. 1909, p. 964.] § 1. Preston School of Industry. § 2. Appropriation. § 3. Government vested in three trustees. Term of office. § 4. To procure site. § 5. Adoption of plans for grounds and buildings. § 6. No member to be interested in contracts. § 7. Construction of act. § 8. Same. § 9. Military discipline. Uniform. § 10. Expenses of trustees to be paid. Superintendent's salary. Other salaries. § 11. Board to elect officers. § 12. Instruction. § 13. Bond of superintendent. Salary. Appointments by. Duties. § 14. To investigate workings of similar institutions. [Repealed.] § 15. Commitments. § 16. Approval of commitments. § 17. Dismissals. § 18. Paroles. § 19. Incorrigible boys, return of to court. § 20. Transfer to, from state prison. § 21. Aiding escape. § 22. Duties of trustees. Contracts. Security and bond of bidder. § 23. Proclamation of governor. § 24. Controller. § 25. Effect of other acts in conflict. § 26. Sheriff's fees. § 27. Construction of act. § 28. Act takes effect vfhen. Effect of act. See note at end of this statute. Preston School of Industry. Section 1. There shall be established at or within a convenient dis- tance from lone City, in the county of Amador, in said state, an SCHOOL OP INDUSTRY. 2103 educational institution to be designated as the Preston School of Industry. Appropriation. Sec. 2. The sum of one hundred and sixty thousand dollars is here- by appropriated out of any moneys in the state treasury not other- wise appropriated, for the purpose of purchasing and preparing grounds for the erection of buildings thereon, for the purchase of the necessary furniture, machinery, and supplies, and for the payment of the current expenses of said school. Government vested in three trustees. Term of office. Sec. 3. The general government and supervision of said school shall be vested in a board of trustees, consisting of three citizens of the state of California, who shall be appointed by the governor. The members of said board shall hold their offices for the respective terms of two, three, and four years, from the first day of July, eighteen hundred and ninety-three, and until their successors shall be appointed and qualified, said respective terms to be designated in their ap- pointments; and thereafter, upon the expiration of such terms, there shall be one of said board appointed, whose term of office shall be continued four years, and until his successor is appointed and quali- fied. Said trustees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the same. [Amendment. Approved February 27, 1893; Stats. 1893, p. 39. In effect July 1, 1893.] To procure site. Sec. 4. The board shall, with all convenient dispatch, select and establish a site at some suitable place in said county for said institu- tion, and procure the right of way for suitable drainage; said site to contain not less than one hundred acres nor more than three hundred acres of land, to have water facilities sufficient for the uses of said school, and for power in operating machinery; the land to be of a quality suitable for general farming purposes, and adapted to the cul- tivation of vines and fruit-trees. The land so set apart by said purchase shall hereafter be used exclusively for the occupancy and purposes of said school. It shall be indicated by fixed corners and definite boundaries. A description thereof, together with the deed 2104 APPENDIX. therefor, shall be filed with the secretary of state at his office within thirty days after the purchase of the same. Adoption of plans for grounds and buildings. Sec. 5. Thereafter the board shall cause to be prepared and shall adopt plans for the grounds, buildings, and fixtures necessary for such an institution, of such form, dimensions, and style as to it shall seem best adapted to the purposes thereof. In the preparation of such plans, and in the construction of the buildings, it may employ a com- petent architect at a reasonable compensation. No member to be interested in contracts. Sec. 6. No member of the board or employee of the institution shall be interested in any contract or enterprise in connection with said school. [Amendment. Approved February 27, 1893; Stats. 1893, p. 39. In effect July 1, 1893.] Construction of act. Sec. 7. This act shall be construed as the sole and exclusive act on the subject-matter contained herein, unless specially or otherwise herein provided; and none of the provisions of an act entitled "An Act to regulate constracts on behalf of the state in relation to erec- tions of buildings," approved March twenty-third, eighteen hundred and seventy-six, or any other act, unless herein specially referred to, shall apply to or govern or limit this act, or any of the powers or duties in this act conferred upon said board. Sec. 8. Nothing in this act contained shall be so construed as to permit any convict or convicts, undergoing sentence in either of the state prisons of California, to associate with or to be so employed as to mingle with any person or persons undergoing commitment in the said school. Military discipline. Uniform. Sec. 9. The said school shall be conducted on such plan as to the board may seem best calculated to carry out the intentions of this act, and its inmates shall be subject to military discipline, including daily drill. They shall be clothed in military uniform of such pattern SCHOOL OF INDUSTRY. 2105 and material as may be prescribed by the board, but under no cir- cumstances shall such inmates be clothed in convict stripes while un- dergoing commitment in said school. [Amendment. Approved February 27, 1893; Stats. 1893, p. 39. In effect July 1, 1893.] Expenses of trustees to be paid. Superintendent's salary. Other sal- aries. Sec. 10. The members of the board shall receive no compcMisation for their services, but shall be allowed their reasonable exiienses in- curred while in the discharge of their official duties. The superin- tendent shall receive a salary, to be fixed by the board, not to exceed three thousand dollars per annum. The military instructor shall re- ceive a salary, to be fixed by the board, not to exceed twelve hundred dollars per annum. The secretary and commissary shall each receive a salary, to be fixed by the board, not to exceed fifteen hundred dol- lars per annum. The salary of no other officer or employee of the school shall exceed twelve hundred dollars per annum. The power of the board to fix the compensation of the officers and employees, as provided in section twelve of this act, shall be subject to these limita- tions. [Amendment. Approved February 27, 1893; Stats. 1893, p. 39. In effect July 1, 1893.] Board to elect officers. Sec. 11. The board shall elect a superintendent, a military instruc- tor, and a secretary. The superintendent and secretary shall give such bonds for the faithful performance of their duties as the board shall determine. The bond of the superintendent shall be for a sum of not less than ten thousand dollars, and that of the secretary of not less than five thousand dollars. The military instructor must be a man who is a good disciplinarian and skilled in military tactics. He shall receive from the governor a commission with the rank of major. He shall perform such duties and receive such salary as the board may prescribe. The board shall meet once in three months for the transaction of business. Special meetings may be called by the president when deemed necessary. Instruction. Sec. 12. The board shall cause to be organized and maintained a department of instruction for the inmates of said school, with a course 2106 APPENDIX. of study corresponding as far as practicable with tlie course of study in the public schools of this state, but the course shall not be higher than the course prescribed in grammar schools. They shall adopt a system of government, embracing such laws and regulations as are necessary for the guidance of the officers and employees, for the regulation of the hours of study and labor, for the preservation of order, for the enforcement of discipline and military training, for the preservation of health, and for the industrial training of the inmates. The ultimate purpose of all such instruction, discipline, and indus- tries shall be to qualify the inmates for honorable and profitable employment after their release from the institution, rather than to make said institution self-sustaining. The board shall also determine the number of officers and employees required, and shall prescribe their duties and fix the amount of their compensation. Bond of superintendent. Salary. Appointments by. Duties. Sec. 13. The superintendent, before entering upon the discharge of his duties, shall make and file with the board an oath that he will faithfully and impartially discharge the duties of his office. There- upon he shall, subject to the regulations prescribed by the board, be invested with the custody of the lands, buildings, and all other prop- erty belonging to and under the control of the said institution. He shall receive for his services a salary not exceeding the sum of three thousand dollars per annum. He shall appoint, except as hereinbefore provided, all officers and employees of said institution, who shall hold office during his pleasure. He shall provide a book in which shall be registered the name, residence, occupation, and religious creed of every boy received into the school; the date of his reception, and the date and condition of his discharge; the names, residence, and occupation of his parents; whether the boy was apprenticed or not, and if so apprenticed, the name, residence, and occupation of the person to whom he was apprenticed. He shall have charge of all persons com- mitted to the institution by any magistrate or court, shall use his best efforts to employ, instruct, discipline, and reform all such persons under his charge, and shall discharge such other duties as the said board may direct, and shall at all times be subject to removal by the board for incapacity, immorality, negligence of duty, or cruelty to the inmates. SCHOOL OF INDUSTRY. 2107 To investigate workings of similar institutions. Sec. 14. [Repealed February 27, 1893; Stats. 1893, p. 40. In effect July 1, 1893.] Commitments. Sec. 15. When any boy under the age of eighteen years shall be found guilty, by a magistrate or court of competent jurisdiction, of any offense punishable by fine, or by imprisonment, or by both, and who, in the opinion of such magistrate or court would be a fit subject for commitment to the said school, it shall be lawful for the magis- trate or court to suspend judgment or sentence (except when the penalty is life imprisonment or death), and to commit such boy to the said school for a period not exceeding the time when he shall attain his twenty-first birthday, unless sooner discharged by law, or as in this act provided; but no boy who is under the age of eight years, or who is of unsound mind, shall be committed to the said school. The board shall have authority to make rules reducing, as the reward for good conduct, the time for which such person or persons have been committed. It shall be the duty of all courts and magistrates com- mitting any boy to such school to certify to the superintendent thereof the age of the person so committed, as nearly as can be as- certained by testimony taken under oath before such court or magis- trate, or in such manner as the court or magistrate may direct. Approval of commitments. Sec. 16. Before any commitment, made by a police court, or by a justice of the peace, under this act, shall be executed, it shall be ap- proved by a judge of the superior court of the county in which the police court or justice of the peace has jurisdiction, and his approval indorsed on the warrant of commitment. But if such sentence shall be disapproved, the police court or justice of the peace shall then impose the ordinary sentence prescribed by law. Dismissals. Sec. 17. It shall be lawful for the board, whenever it may deem any inmate of said institution to have been so far reformed as to justify his discharge, to give him an honorable dismissal, and to cause an entry of the reasons for such dismissal to be made in the book of records prepared for that purpose. All persons thus honorably dis- 2108 APPENDIX. missed, and all those who shall have served the full term of their respective sentences, shall thereafter be released from all penalties and disabilities resulting from the offenses or crimes for which they were committed. Upon the final discharge of any inmate as in this section provided, the superintendent shall immediately certify such discharge in writing, and shall transmit the certificate to the magis- trate or court by which such inmate or boy was committed. Said magistrate or court shall thereupon dismiss the accusation and the action pending against said person. Paroles. Sec. 18. There shall be established in said school a system of mark- ing and grading upon merit or attainments in school and shop and general conduct, by which the boy committed under this act may work out his way to parole and honorable discharge. When in the opinion of the superintendent a boy, by the regulations cstablishrd for that purpose, has earned the right to a parole, he shall cause to be obtained a reputable home or place of employment where said boy may be employed and earn a living by honorable labor, and then shall recommend said boy to the board for parole, and if the board is sat- isfied that it is for the welfare of such boy to be paroled, it shall grant such parole under such condition as it may deem best, which shall be continued until such boy has proved his ability for honorable self-support when he shall, upon the recommendation of the superin- tendent, be honorably discharged. Any boy who, while on parole, violates the conditions of the parole may be returned to said school. [Amendment. Approved April 16, 1909; Stats. 1909, p. 964.] Incorrigible boys, return of to court. Sec. 19. Any boy committed to said school who, after due trial, is found to be, in the opinion of the superintendent, incapable of refor- mation or so morally deficient or incorrigible as to render his reten- tion detrimental to the interests of said school, or when it is ascertained by good and sufficient evidence that said boy has mis- represented his age to the court who sentenced him, or has been pre- viously convicted of a felony, he may recommend such boy to the board for return to the said court, and if the board is satisfied that it is for the best interests of the school that such boy be returned, it SCHOOL OF INDUSTRY. 2109 shall so cause him to be returned to the said court, and it shall be lawful for said court to annul and set aside the previous commit- ment to said Preston School of Industry and resume proceedings where the same were suspended when such commitment was made. [Amendment. Approved April 16, 1909; Stats. 1909, p. 964.] Transfer to, from state prison. Sec. 20. Any boy under the age of eighteen years, who is under- going sentence in any state prison in this state (except such as are undergoing a life sentence), and who shall be deemed a fit subject for training in the said school, may, upon recommendation of the state board of prison directors, with the approval of the governor, be trans- ferred to said school for the unexpired period of his sentence, and when honorably discharged from said school, as hereinbefore pro- vided, shall be entitled to such benefits and immunities as are provided for the other inmates of the institution. Aiding escape. Sec. 21. Any person who knowingly permits, or who aids any boy to escape from the said school, or who knowingly promotes his de- parture, or conceals him with the intent of enabling such escaped boy to elude pursuit, shall be guilty of a misdemeanor, and shall, upon conviction, be punished according to law. Any fugitive from said institution, or from the parties to whom he is bound out or appren- ticed, may be arrested and returned to the institution by any person upon written request or order of the superintendent directed to such person. Duties of trustees. Contracts. Security and bond of bidder. Sec. 22. The board of trustees are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and other staple supplies of the school for any period of time not exceeding one year, and such contracts shall be limited to bona fide dealers in the several classes of articles contracted for. Contracts for such articles as the board may desire to contract for shall be given to the lowest bidder at a public letting thereof, and if the price bid is a fair and reasonable one, and not greater than the usual market value and prices. Each bid shall be accompanied by such security as the board 2110 APPENDIX. may require, conditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a bond, with good and sufficient sureties, in such sum as the board may require, and to their satisfaction, that he will faith- fully perform his contract. If the proper officer reject any article as not complying with the contract, or if a bidder fail to furnish the articles awarded to him when required, the proper officer of the school may buy other articles of the kind rejected or called for, in the open market, and deduct the price thereof over the contract price from the amount due to the bidder, or charge the same up against him. No- tice of the time, place, and conditions, of the letting of contracts shall be given for at least two consecutive weeks in one newspaper printed and published in the city and county of San Francisco, in one news- paper printed and published in the city of Sacramento, and in one newspaper printed and published in the county of Amador. If all bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may again adver- tise for such time and in such papers as they see proper for pro- posals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the mean time the board may contract with any one whose offer is regarded just and equitable, or may purchase in the open market. 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 considered, and when, a contract can be had at such lower bid. When two or more bids for the same article or arti- cles are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or they may divide the contract between the bidders, as in their judgment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segregate the items and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The board shall have the power to reject the bid of any person who had a prior contract, and who had not in the option [opinion] of the board faithfully complied there- with. [Amendment. Approved February 27, 1893; Stats. 1893, p. 40. In effect July 1, 1893.] SCHOOL OF INDUSTRY. 2111 Proclamation by governor. Sec. 23. When the premises are ready for occupancy, the board shall certify suoh fact to the governor, who shall make due proclama- tion thereof. Thereafter it shall be lawful for any competent magis- trate or court to commit juvenile offenders to the institution, aa herein provided. ., Controller. See. 24. The controller of state is hereby authorized and di- rected, on requisition of the said board, to draw his warrant on the state treasurer in favor of said board, to pay for the necessary ex- penditures in the establishment and maintenance of the said school, and the state treasurer is authorized to pay the same from the ap- propriations provided for in this act. Effect of other acts in conflict. Sec. 25. For the purpose of giving practical effect to the provisions of this act, all laws or parts of laws which conflict with the provis- ions hereof are, for the purposes of this act only, suspended, and hereby made inapplicable to any boy committed to and in the custody of said school. Sheriff's fees. Sec. 26. In all proceedings relating to commitments under this act the fees and compensation of the sheriff and other officers of the court shall be such as are allowed by law for like proceedings and services in criminal cases. Construction of act. Sec. 27. This act shall be construed in conformity with the intent as well as with the express provisions hereof, and shall confer upon the board authority to do all those lawful acts, from time to time, which are necessary to promote the prosperity of the institution and the well-being and reformation of its inmates, including the organ- ization of trade schools, the purchase and use of fixed and movable machinery, the erection of necessary buildings for machinery and other purposes, the improvement and management of a farm, orchard, and garden, the purchase of necessary supplies for the institution, 2112 APPENDIX. and materials for manufacture, and performance of all other neces- sary and lawful acts, not otherwise prohibited, which may be required to comply with the purposes of this act; but nothing herein contained shall be so construed as to permit said board to incur any indebted- ness or obligation in excess of the appropriations allowed by law for the establishment and maintenance of said school. Act taJses effect when. Sec. 28. This act shall take effect and be in force from and after its passage. Effect. of Juvenile Court Law. (See this act, ante, Appendix, tit. "Juve- nile Court Law.") Section 28 of the Juvenile Court Law (Stats. 1909, p. 213) stated that it superseded the provisions of the above act establish- ing the Preston School of Industry. As, however, there was no express re- peal of the act, and as it was amended by later enactments at the same session, it is doubtful if the Juvenile Court Law had such an effect. The act creating the Preston School of Industry is therefore printed in its en- tirety. SCHOOL OF REFORM. An Act to establish a school for the discipline, education, employment, reformation, and protection of juvenile delinquents, in. the state of California, to be known as " The Whittier State School." Title of original act. The title of the original act, as enacted in 1889, read: "An Act to establish a state reform school for juvenile offenders, and to make an appropriation therefor." It was amended to read as above by Stats. 1893, p. 328. [1. Approved March 11, 1889; Stats. 1889, p. 111. 2. Amended March 23, 1893; Stats. 1893, p. 328. 3. Amended March 7, 1905; Stats. 190.5, p. 80. 4. Amended February 7, 1907; Stats. 1907, p. 3. 5. Amended April 19, 1909; Stats. 1909, p. 988.] Change of name. Board of trustees. Terms of office. Vacancy, how filled. Powers. Selection of site. To adopt plans. Trustee or employee not to be interested. Meetings and modes of transaction of business. Furniture and appa- ratus. Deficiencies. Annual election of officers. Superintendent and other officers. § 1. § 2. § 3. § 4. § 5. § 6. s 7. § 8. § 9. SCIIOUL UF KEFOKM. 2113 § 10. Report of trustees. § 11. Meetings. § 12. Duty of superintendent. § 13. Duty of treasurer. § 14. Buildings and grounds. § 15. Age of boys and girls snlijeef to admission. § 16. For what offenses may be committed. § 16a. Truant children, commitment of. § 16b. Dependent and delinquent children may be committed. § 16c. Conditions and manner of cummitmeut. § 16d. [Renumbered § 20.] § 16e. [Renumbered § 20.] § 17. Citation to custodian of child. Warrant for arrest of parent or custo- dian. Detention of child. Term of commitment. § 18. Discharge of child. § 19. Right to parole. § 20. Incorrigible children to be returned to court. § 21. Private examinations. § 22. Record, what only to be made. § 23. Clothing, money, and transportation for those released. § 24. Aiding escapes. Punishment therefor. § 25. Who shall execute writ of commitment. § 26. Auditing by board of trustees. § 27. Boys may be transferred from state prison. § 28. [Renumbered § 25.] § 29. When inmate m\ist support himself. [Repealed.] § 30. [Renumbered § 26.] § 31. [Added section. Renumbered § 27.] § 31. Act takes effect when. Juvenile Court Law. As to this law, see note at end of this statute. Change of name. Section 1. There shall be established and maintained in this state, and located at Whittier, in the county of Los Angeles, an institution for the discipline, education, employment, reformation, and protection of juvenile delinquents in the state of California, to be known as "The Whittier State School;" and in all judicial, official, or other proceedings, and in all contracts, transfers, or other instruments in writing, the above name shall be deemed a sufficient designation of said institution. [Amendment. Approved March 23, 1893; Stats. 1893, p. 328.] Board of trustees. Terms of office. Vacancy, how filled. Sec. 2. The general supervision and government of said institution shall be vested in a board of trustees consisting, of three citizens of 2114 APPENDIX. the state of California, who shall be appointed by the governor with the advice and consent of the senate. The members of said board shall hold their offices for the respective terms of two, three, and four years from the first day of March, eighteen hundred and eighty-nine, and until their successors shall be appointed and qualified said re- spective terms to be designated in their appointments; and thereafter there shall be one of said board appointed in the same manner every two years, whose term of office shall continue four years, and until his successor is appointed and qualified. If a vacancy shall occur in said board by expiration of the term of any such trustee, or other- wise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the approval of the senate at its next regular session. Said trustees, before entering on the dis- charge of the duties of their office, shall each take an oath faithfully to discharge the same. Powers. Sec. 3. The trustees of such institution shall be a body corporate and politic for certain purposes, namely: To receive, hold, use, and convey or disburse moneys or other property, real and personal, in the name of said corporation but in trust and for the use and by the authority of the state of California, and to control, manage, and direct the several trusts committed to them respectively, including the organization, government, and discipline of all officers, employees, and other inmates of said institution, with power to make contracts, to sue and be sued, plead and be impleaded, to have and to use a common seal, and to alter the same at pleasure, and to exercise all the powers usually belonging to said corporations and necessary for the successful discharge of the obligations devolved by law upon said members of trust; provided, that they shall not have power to bind the state by any contract or obligation beyond the amount of appro- priations which may at the time have been made for the purposes expressed in the contract or obligation, nor to sell or convey any part of the real estate belonging to such institution without the con- sent of the legislature, except that they may release any mortgage, or convey any real estate which may he held by them as security for any money or upon any trust, the terms of which authorizes such con- veyance; and provided further, that the legislature shall have power SCHOOL OP REFORM. 2115 at any time to amend, alter, revoke, or annul the grant of corporate powers herein contained. Selection of site. Sec. 4. The said board of trustees are hereby empowered [invested] with full power and authority to select a site for the permanent loca- tion of said school in the county of Los Angeles. Said trustees shall, within thirty days after their appointment and qualification, examine the different sites offered by the people of the county of Los Angeles for the location of the said school, and select therefrom a suitable location for said buildings; and the site selected by them shall be and remain the permanent site for said school; said site to contain not less than forty nor more than one hundred and sixty acres, giving preference, other things being equal, to a location central and easy of access from all parts of the county or state; provided, that no buildings shall be commenced or erected in said county of Los Angeles until a deed in fee-simple of the land selected by the said board of trustees shall be made to the state, and recorded in the records of the county recorder of said Los Angeles County, and said deed de- posited in the office of the secretary of state. [Amendment. Ap- proved March 23, 1893; Stats. 1^93, p. 328.] To adopt plans. Sec. 5. The said board of trustees shall prepare and adopt plans for the grounds, buildings, and fixtures necessary and proper for such an institution, not in their judgment to exceed in cost the amount of money hereinafter appropriated, but if practicable of such description that other buildings can be added to or enlarged without injury to their symmetry or usefulness; and may let or make all necessary contracts, with the approval of the governor, for the con- struction of such buildings and fixtures and the improvement of the grounds according to such plans. Said board of trustees shall use all practicable diligence in the commencement and completion of said buildings and fixtures, and the improvement of the grounds, accord- ing to such plans. Trustee or employee not to be interested. Sec. 6. No trustee or employee of such institution shall T)o por- sonally, directly or indirectly, interested in any contract, purcliase. 2116 APPENDIX. or sale made, or any business carried on in behalf of or for said institution. All contracts, purchases, or sales made in violation of this section shall be held and declared null and void, and all moneys paid to such trustee, employee, or any other person for his benefit, in whole or in part, in consideration of such purchases, contracts, or sales made, may be recovered back by civil suit, to be instituted in the name of the state of California, against such trustee, employee, or person acting in his behalf; and in addition it is hereby made the duty of the governor and the board of trustees, as the case may be, upon proof satisfactory of the fact of such interest, to immediately remove the trustee or employee delinquent as aforesaid, and to report the facts to the attorney-general, who shall take such legal steps in the premises as he shall deem expedient. Meetings and mode of transaction of business. Furniture and ap- paratus. Deficiencies. Sec. 7. The board shall make all needful rules and regulations concerning their meetings and the modes of transacting their busi- ness; shall take charge of said institution to see that its affairs are properly conducted, that strict discipline is maintained, and that suitable employment and education are provided for its inmates. They are authorized to make contracts for the purchase of furniture, apparatus, tools, stock, provisions, and everything necessary to equip the institution for the purposes herein specified, and to maintain and operate the same; provided, said board shall incur no expense nor contract any debt beyond appropriations made or donations given for the said school, and then only in such manner as may be pre- scribed by the act of appropriation or the instrument of donation. [Amendment. Approved March 23, 1893; Stats. 1893, p. 329.] Annual election of ofRcers. Sec. 8. The board shall annually elect from their own number a president and a vice-president, whose term of office shall be for one year, and until their successors shall be duly appointed and qualified. They shall also elect a treasurer, not one of their own number, whose term of office shall be for two years, and until his successor shall be duly elected and qualified, who shall be at all times subject to rC' SCHOOL OP REFORM. 2117 moral by tho board for goncl cause. [Amendment. Approved March 23, 1893; Stats. 1893, p. 329.] Superintendent and other officers. Sec. 9. The board shall appoint a superintendent of said school, not of their own number, whose salary shall be fixed by said board, not to exceed three thousand six hundred dollars per annum, and shall also appoint such other officers and such assistants as the wants of the institution may from time to time require, and shall prescribe their duties and fix their salaries, as may be reasonable. [Amend- ment. Approved March 23, 1893; Stats. 1893, p. 329.] Report of trustees. See. 10. Said board of trustees shall, on or before the first day of December every two years, make to the governor a full and detailed report of their doings as such trustees, and of the expense of said institution, with such other information relating thereto as they may think interesting or useful to the state; which report shall be com- municated by the governor to the next succeeding session of the state legislature. Said trustees shall receive no salary for their services as such from the state, but shall be allowed all necessary expenses in- curred in the discharge of their duties. Meetings. Sec. 11. The board of trustees shall have a regular meeting once every three months, at such time and place as they may direct; special meetings may be called by the president of said board in all cases where it becomes necessary for such a meeting. Duty of superintendent. Sec. 12. The superintendent before entering upon the duties of his office shall take an oath faithfully to discharge the same and execute a bond with sureties to be approved by the board, in a sum to be fixed by the board, conditioned for the faithful performance of all his duties as such superintendent. He shall be a resident at the insti- tution, and shall be ex officio the secretary of the board, taking charge of all books and papers. He shall have charge of the land, 2118 APPENDIX. buildings, furniture, apparatus, tools, stock, provisions, and every other gpecies of property belonging to the institution, subject to the direction and control of said board, and shall account to the board in such manner as they may require for all property intrusted to him, and all moneys received by him from whatever source shall be depos- ited with the treasurer. His books shall at all times be open to the inspection of the board, who shall at least once in every three months carefully examine the same and all accounts, vouchers, documents con- nected therewith, and make a report of the result of such examina- tion in a book provided for the purpose. He shall have charge of the inmates of said institution; he shall discipline, govern, instruct, em- ploy, and use his best efforts to reform the children and youth under his care, and shall at all times be subject to removal by the board for incapacity, cruelty, negligence, immorality, or any other good cause. Duty of treasurer. Sec. 13. The treasurer before entering upon the duties of his ofl&ce shall take an oath faithfully to discharge the same, and shall execute a bond to the people of California with sureties to be approved by said board in at least double the sum of money for which he may be responsible as treasurer, conditioned for the faithful performance of all his duties as such treasurer; he shall take charge of all the funds of the institution, receiving the same and disbursing them on the written order of the superintendent, and shall account to the board in such a manner as they may require for all funds intrusted to him from whatever source. His books shall at all times be open to the inspection of the board and superintendent, who shall at least once in every six months carefully examine the same and all the accounts, vouchers, and documents connected therewith, and make a report of the result of such examinations. Such treasurer must be a citizen of Los Angeles County, and shall receive for his services a salary of six hundred dollars per annum. Buildings and grounds. Sec. 14. Said board of trustees shall arrange the building or build- ings to be used for said school, and the grounds about the same, so that a portion thereof may be used for the proper confinement, care, and education of the male inmates, and the remaining portion for SCHOOL OF REFORM. 2119 the proper confinement, care, and education of the female inmates, and to the absclute exclusion of all communication of any kind or character between the sexes. [Amendment. Approved March 23, 1893; Stats. J893, p. 329.] Age of boys and girls subject to admission. Sec. 15. Whenever said institution shall have been so far com- pleted as to properly admit of the reception of inmates therein, the governor shall make due proclamation of the fact, and thereafter it shall be lawful for said board of trustees to receive into its care and guardianship, boys between the ages of eight and nineteen years, and girls between the ages of eight and eighteen years, committed to its custody, as hereinafter provided. [Amendment. Approved April 19, 1909; Stats. 1909, p. 988.] Legislation §15. 1. Enacted March 11, 1889; Stats. 1889, p. 115. 2. Amended March 23, 1893; Stats. 1893, p. 329. 3. Amended April 19, 1909, p. 988. For what offenses may be committed. Sec. 16. When any boy between the ages of eight and nineteen years, or any girl between the ages of eight and eighteen years, shall be found guilty of any offense punishable by fine or imprisonment, or by both, in any court of competent jurisdiction in the state, and who, in the opinion of the judge thereof, would be a fit subject for training in said school, it shall be lawful for such judge to suspend judgment or sentence, except when the penalty is life imprisonment or death, and commit such boy or girl to the custody and guardian- ship of said school until he or she shall become twenty-one years of age. [Amendment. Approved April 19, 1909; Stats. 1909, p. 988.] Legislation 816. 1. Enacted March 11, 1889; Stats. 1889, p. 115. 2. Amended March 23, 1893; Stats. 1893, p. 330. 3. Amended March 7, 1905; Stats. 1905, p. 80. 4. Amended April 19, 1909; Stats. 1909, p. 988. Truant children, commitment of. Sec. 16a. Any child between the ages of eight and fourteen years who willfully and habitually absents himself or herself from school contrary to the provisions of an act entitled "An Act to enforce the educational rights of children and providing penalties for violation of the act," approved March 24th, 1903, and as amended by an act 2120 APPENDIX. approved March 20th, 1905, and as further amended by an act ap- proved March 4th, 1907, may be committed to the custody and guardianship of said school by any superior court judge on the com- plaint of any peace-officer, teacher, parent, guardian or other person, under the same conditions and in the same manner as is provided in section 16 of this. act. [Amendment. Approved April 19, 1909; Stats. 1909, p. 988.] Legislation § 16a. 1. Added March 7, 1905; Stats. 1905, p. 81. 2. Amended April 19, 1909; Stats. 1909, p. 988. Dependent and delinquent children may be committed. Bee. 16b. Any child who comes under the provision of an act enti- tled an act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this act and prescribing the duties of such boards; and providing what proceedings under this act shall be admissible in evidence, approved February 26th, 1903, may be committed to the Whittier State School by any superior judge under the same condi- tions and in the same manner as provided in section sixteen of this act. [Added March 7, 1905; Stats. 1905, p. 81.] Legislation § 16b. The original § 16b was added by Stats. 1893, p. 330; renumbered § 16c by Stats. 1905, p. 82, when the present § 16b was added; § 16c amended by Stats. 1909, p. 990, and renumbered § 18, q.v., post. Conditions and manner of commitment. Sec. 16c. Any judge of any superior court of this state may com- mit any boy between the ages of eight and nineteen years, or girl between the ages of eight and eighteen years to the custody and guardianship of the said school on the conditions and in the manner following: 1. On the complaint in writing filed and due proof thereof made, by the parent or guardian of said boy or girl, showing that by reason of the incorrigible or vicious conduct of such boy or girl, he or she is beyond the control and power of such parent or guardian. SCHOOL OF REFORM. 2121 2. On complaint in writing filed and due proof thereof made, show- ing that such boy or girl is a proper subject for the care and guar- dianship of said school, by reason of vagrancy or incorrigible or vicious conduct; or in cases where, from moral depravity or otherwise, the parent or guardian having control of such boy or girl is incapable of exercising, or unwilling to exercise, the proper care or discipline over such boy or girl, and in cases where such boy or girl has no parent, guardian or other protector. 3. On complaint in writing filed and due proof thereof made by the mother, or guardian when the father is dead, or has abandoned his family, or is an habitual drunkard, or does not support his family, and it appears that such boy or girl is destitute of a home and ade- quate means of obtaining an honest living and is in danger of being brought up to lead an idle or immoral life. [Amended and renum- bered. Approved April 19, 1909; Stats. 1909, p. 989.] Legislation § 16c. 1. Added as §20, March 23, 1893; Stats. 1893, p. 332. 2. Amended and renumbered § 16c, April 19, 1909; Stats. 1909, p. 989. The original § 16c was added by Stats. 1893, p. 332; renumbered § 16d by Stats. 1905, p. 82; § 16d amended and renumbered §19 by Stats. 1909, p. 990, q.v., post. Sec. 16d. [Renumbered section.] Legislation § 16d. 1. Added by Stats. 1893, p. 331. 2. Amended and renuml)eied § 16e by Stats. 1905, p. 82. 3. § 16e amended and renum- bered § 20 by Stats. 1909, p. 991, q.v., post. Sec. 16e. [Renumbered section.] Legislation § 16c. See supra. Legislation § 16d, and post. Legislation § 20. Citation to custodian of child. Warrant for arrest of parent or custodian. Detention of child. Term of commitment. Sec. 17. In all cases where complaint is made by another than the parent or guardian having the custody of said boy or girl, a citation shall issue requiring the person having custody or control of said boy or girl, or with whom the said boy or girl may be, to appear with him or her at a place and time stated in the citation. Service of such citation must be made at least twenty-four hours before the time stated therein. The parents or guardian of the boy or girl, if residing in the county in which the court sits, and if their places of residence be known to the petitioner, or if there be neither parent 2122 APPENDIX. or guardian so residing, or if their places of residence be not known to petitioner, then some relative of the boy or girl, if there be any- residing in said county, and if his residence and relationship to such boy or girl be known to petitioner, shall be notified of the proceed- ings by service of citation requiring them to appear at the time and place to be stated in such citation. In any case the judge may ap- point some suitable person to act in behalf of the boy or girl, and may order such further notice of the proceeding to be given as he may deem proper. If any person, cited as herein provided, shall fail, without reasonable cause, to appear and abide by the order of the court, or to bring the boy or girl, if so required in the citation, such failure shall constitute a contempt of said court and may be pun- ished as provided for in cases of contempt of court. In case any such citation cannot be served, or the party served fails to observe the same, and in any case in which it shall be made to appear to the court that such citation shall be ineffectual, a warrant of arrest may issue on the order of the court, either against the parent or guardian, or the person having the custody of the boy or girl, or with whom he or she may be, or against the boy or girl, or any of said persons; or if there be no person to be served with citation as above provided, a warrant of arrest may be issued against the boy or girl imme- diately. On the return of the citation or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner. Until the final disposition of any case, the boy or girl may be retained in the possession of the person having charge of the same, or may be kept, upon the order of the court, in some suitable place, provided by the county, or city and county, or may be held otherwise, as the court may direct. In all eases of commitment to said school the same shall be until said boy or girl is twenty-one years of age, and it shall be the duty of the court committing such boy or girl to such school to certify to the superintendent thereof, the date of birth or age of such boy or girl so committed, as nearly as the same can be ascertained by testimony taken under oath either before the court or in such manner as he may direct. [Added April 19, 1909; Stats. 1909, p. 989.] Legislation g 17. The original § 17 was enacted March 11, 1889 (Stats. 1889, p. 115); amended by Stats. 1893, p. 332; amended by Stats. 1905, p. 82; repealed by Stats. 1909, p. 991, SCHOOL OP REFORM. 2123 Discharge of child. Sec. 18. It shall be lawful for the board whenever it may deem any inmate of said institution to have been so far reformed as to justify his discharge, to give him an lionorable dismissal and to cause an entry of the reasons for such dismissal to be made in the book of records prepared for that purpose. All persons thus honor- ably dismissed and all those who have attained the age of twenty- one years shall thereafter be released from all penalties and dis- abilities resulting from the offenses or crimes for which they were committed. Upon the final discharge of any inmate as in this sec- tion provided, the superintendent shall immediately certify such dis- charge in writing and shall transmit the certificate to the court by which such inmate was committed. Said court, thereupon, shall dis- miss the accusation and the action pending against said person. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 990.] Legislation §18. 1. Added as § 1Gb. March 23, 1893; Stats. 1893, p. 332. 2. § 16b renumbered § 16c, March 7, 1905; Stats. 1905, p. 82; 3. § 16c amended and renumbered §18, April 19, 1909; Stats. 1909, p. 990. The original §18 was enacted March 11, 1889 (Stats. 1889, p. 116); amended by Stats. 1893, p. 332; amended by Stats. 1905, p. 82; repealed by Stats. 1909, p. 991. Right to parole. Sec. 19. There shall be established in said school a system of marking and grading upon merit or attainments in school and shop and general conduct, by which the boy or girl committed under this act may work out his or her way to parole and honorable discharge. "When in the opinion of the superintendent a boy or girl, by the regulations established for that purpose, has earned a right to a parole, he shall cause to be obtained a reputable home or place of employment where said boy or girl may be employed and earn a liv- ing by honorable labor, and then shall recommend said boy or girl to the board for parole, and if the board is satisfied that it is for the welfare of such boy or girl to be paroled, it shall grant such parole under such conditions as it may deem best, which shall be continued until such boy or girl has proved his or her ability for honorable self-support, when he or she shall, upon the recommenda- tion of the superintendent, be honorably discharged. Any boy or 2124 APPENDIX. girl who, while on parole, violates any of the conditions of the parole may be returned to said school. [Amended and renumbered. Ap- proved April 19, 1909; Stats. 1909, p. 990.] Legislation §19. 1. Added as § 16c, March 23, 1893; Stats. 1893, p. 331. 2. § 16c renumbered § 16d, March 7, 1905; Stats. 1905, p. 82. 3. § 16d amended and renumbered § 19, April 19, 1909; Stats. 1909, p. 990. For the original § 19, see post, § 21. Incorrigible children to be returned to court. Sec. 20. Any boy or girl committed to said school who, after due trial, is found to be, in the opinion of the superintendent, incapable of reformation, or so morally deficient or incorrigible as to render his or her retention detrimental to the interests of said school, or when it is ascertained by good and sufficient evidence, that said boy or girl has misrepresented his or her age to the court who sentenced him or her, or has been previously convicted of a felony, he may recommend such boy or girl to the board of trustees for return to the said court and if the said board is satisfied that it is for the best interests of the school that such boy or girl be returned, it shall so cause him or her to be returned to said court, and it shall be lawful for said court to annul and set aside the previous commitment to the said Whittier State School and resume proceedings where the same were suspended when such commitment was made. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 991.] Legislation §20. 1. Added as § 16d, March 23, 1893; Stats. 1893, p. 331. 2. § 16d amended and renumbered § 16e, March 7, 1905; Stats. 1905, p. 82. 3. § 16e amended and renumbered §20, April 19, 1909; Stats. 1909, p. 991. For original § 20, see ante, § 16c. Private examinations. Sec. 21. All minors between the ages of eight and eighteen years who may be accused of any offense under this act shall, with a view to the question whether they ought to be committed to said school, be entitled to a private examination before the court, to which only the parties to the case and the parent or guardian of the accused and such officers of the court as he may direct, and such attorneys as may be engaged in the hearing, shall be admitted, unless one of the parents, the guardian or other legal representative of the minor demands a public trial; in such cases the proceedings shall be in the SCHOOL OF REFORM. 2125 usual manner. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 991.] Legislation §21. 1. Enacted as §19, March 11, 1889; Stats. 1889, p. 116. 2. §19 amended March 23, 1893; Stats. 1893, p. 333. 3. §19 amended and renumbered § 21, April 19, 1909; Stats. 1909, p. 991. The original §21 was enacted March 11, 1889 (Stats. 1889, p. 117); amended by Stats. 1893, p. 333; repealed by Stats. 1909, p. 992. Record, what only to be made. Sec. 22. In all cases where the commitment is executed by the official person, whose proceedings are usually evidenced by the record, or where the occasion of the commitment is a criminal charge or con- viction against the infant, no other record shall be made (unless demanded by the infant, his parent, or guardian) than that, in sub- stance, such infant (naming him), who on a day therein named was of the age of j'ears, having been brought before said court, or officer, and it having been ascertained by the testimony of the wit- nesses that such infant was a suitable person to be committed to the instruction and discipline of such institution, and in case of convic- tion for crime (naming the offense), therefore such infant was or- dered to be committed to said institution. Clothing, money, and transportation for those released. Sec. 23. Upon the discharge of any person committed to said school, the superintendent thereof, under such regulations and restric- tions as the said board of trustees maj^ prescribe, may provide such person with suitable clothing and five dollars in money, and procure transportation for such person to his or her home, if resident in this state, or to the county to [in] which he or she may have been com- mitted, [convicted,] at his or her option. [Amendment. Approved March 23, 1893; Stats. 1893, p. 333.J Aiding escapes. Punishment therefor. Sec. 24. If any person procure the escape of any person committed to the school, or advise or connive at, aid, or assist in such escape, or conceal any such person so committed after such escape, he shall, upon conviction thereof in any superior court, be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail not less than two mouths 2126 APPENDIX. nor more than one year, or by both such fine and imprisonment; or, if such person so convicted be under the age of sixteen years, then he shall be sentenced to the school, as in this act provided. [Re- mimbered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation §24. 1. Enacted as §26, March 11, 1889; Stats. 1889, p. 118. 2. §26 amended March 23, 1893; Stats. 1893, p. 334. 3. §26 renumbered §24, April 19, 1909; Stats. 1909, p. 992. Who shall execute writ of commitment. See. 2.5. It shall be the duty of the sheriff of any county wherein an order is made or approved by a superior judge committing any minor to said school, to execute any and all writs of commitment issued or approved by said judge, and to receive as compensation therefor such fees as are now or may hereafter be provided by law for the transportation of prisoners to the state prison, provided, that in all cases where the commitment shall be made under section 16a, 16b, or 16c, of this act, the parent, guardian, or other protector of such minor may, at his option, and in all cases where he is liable, or where the estate of such minor is sufficient, execute said writ of commit- ment, after having been duly sworn therefor with like powers and with like effect as the sheriff would possess in such case, but with- out expense to the state; and further provided, that in the case of a minor female committed to said school, and there is no parent, guardian, or other protector of such minor, who, in the opinion of the court, is a proper person to safely conduct such female to said school. that then, in such case, the court shall appoint some suitable woman of satisfactory character and discretion, who shall take the custody of such minor female after her said commitment, and shall forth- with deliver her to said school, and be entitled to the same com- pensation therefor as is otherwise provided to be paid to the sheriff in all cases where, if such minor were a boy and were by a sheriff delivered to said school, he, the said sheriff, would be entitled to receive compensation, under the terms of this act. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation §25. 1. Enacted as §28, March 11, 1889; Stats. 1889, p. 119. 2. §28 amended March 23, 1893; Stats. 1893, p. 335. 3. § 2S amended and renumbered §25, April 19, 1909; Stats. 1909, p. 992. The original §25 was enacted March 11, 1889 (Stats. 1889, p. 118); repealed by Stats. 1909, p. 992. SCHOOL OP REFORM. 2127 Auditing by board of trustees. Sec. 26. The said board of trustees shall examine, audit, and allow the demands arising under the terms of the aforesaid act and the amendments thereto, and the state controller shall thereupon draw his warrants therefor, payable out of the proper fund, and the state treasurer is hereby ordered to pay such warrants. [Eenunibered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation §26. 1. Enacted as §30, March 11, 1889; Stata. 1889, p. 120. 2. §30 amended March 23, 1893; Stats. 1893, p. 336. 3. §30 renumbered §26, April 19, 1909; Stats. 1909, p. 992. The original §26 was enacted March 11, 1889 (Stats. 1889, p. 118); amended by Stats. 1893, p. 334; renumbered § 24 by Stats. 1909, p. 992, q.v., ante. Boys may be transferred from state prison. Sec. 27. Any boy under the age of eighteen years, who is under- going sentence in any state prison in this state (except such as are undergoing a life sentence), and who shall be deemed a fit subject for training in the said school, may, upon recommendation of the state board of prison directors, with the approval of the governor, be transferred to said school for the unexpired period of his sentence, and when honorably discharged from said school, as hereinbefore pro- vided, shall be entitled to such benefits and immunities as are provided for the other inmates of the institution. [Kenumbered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation S 27. 1. Added as §31, February 7, 1907; Stats. 1907, p. 3. 2. §31 renumbered §27, April 19, 1909; Stats. 1909, p. 992. The original §27 was enacted March 11, 1889 (Stats. 1889, p. 118); amended by Stats. 1893, p. 334; repealed by Stats. 1909, p. 992. Sec. 28. [Renumbered section.] Legislation §28. 1. Enacted March 11, 1889; Stats. 1889, p. 119. 2. Amended March 23, 1893; Stats. 1893, p. 335. 3. Amended and renum- bered §25, April 19, 1909; Stats. 1909, p. 992; q.v., ante. When inmate must support himself. Sec. 29. [Repealed section.] Legislation S 29. 1. Enacted March 11, 1889; Stats. 1889, p. 119. 2. Amended March 23, 1893; Stats. 1893, p. 336. 3. Repealed April 19, 1909; Stats. 1909, p. 992. 2128 APPENDIX. Sec. 30. [Renumbered section.] Legislation §30. 1. Enacted March 11, 1889; Stats. 1889, p. 120. 2. Amended March 23, 1893; Stats. 1893, p. 836. 8. Renumbered §26, April 19, 1909; Stats. 1909, p. 992; q.v., ante. Sec. 31. [Eenumbered section.] Legislation §31. 1. Added February 7, 1907; Stats. 1907, p. 3. 2. Renumbered §27, April 19, 1909; Stats. 1909, p. 992; q.v., ante. Act takes effect when. Sec. 31. This act shall take effect and be in force from and after its passage. Effect of Juvenile Court Law. (See this act, ante. Appendix, tit. "Juve- nile Court Law.") Section 28 of the Juvenile Court Law (Stats. 1909, p. 213) stated that it superseded the provisions of the above act establish- ing the Whittier State School. As, however, there was no express repeal of the act, and as it was amended by later enactments at the same session, it is doubtful if the Juvenile Court Law had such an effect. The act creat- ing the Whittier State School is therefore printed in its entirety. An Act relating to commitments to the state school at Whittier and to the Preston Scliool of Industry; fixing the autJwrity to examine and commit to such schools with the superior court judges of the counties, and fixing the responsibilities from which commitments are made to the state for maintenance of the persons committed therefrom ; pro- viding for the manner of payment thereof, and fixing the responsi- iility of the parents to the counties from which their children are committed. [Approved March 26, 1895; Stats. 1895, p. 122.] § 1. Only superior judges shall commit to Whittier and Preston schools. Parents shall pay. § 2. Counties shall pay. § 3. Duty of clerk of court. Duty of county treasurer. § 4. Duty of superintendents of state schools. § 5. Conflicting acts repealed. § 6. Act takes effect when. Only superior judges shall commit to Whittier and Preston schools. Parents shall pay. Section 1. The superior judge of any county, and no other judi- cial officer, shall have power to examine, discharge, or commit any SCHOOL OF REFORM. 2129 offender either to the Whil^ticr State School or to the Preston School of Industry; provided, that the superior judge shall determine whether or not the parent or guardian of any minor committed to the Whit- tier State School or to the Preston School of Industry is able to pay to the county in which the commitment is made for the maintenance of such minor during the term of such commitment; and when the superior judge shall determine that said parent or guardian has the ability to pay as aforesaid for the maintenance of such minor during the term of such confinement, the parent or parents or guardian shall pay into the treasury of such county the sum of eleven dollars per month in advance; and in case of the failure to pay the same as here- in provided, it shall be the duty of the district attorney of such county to proceed to collect the amount from such parent, parents, or guar- dian in the manner that other indebtedness against the county is collected. Counties shall pay. Sec. 2. For each and every person hereafter committed to either the Whittier State School or the Preston School of Industry, the county from which the commitment is made shall pay into the state treasury the sum of one hundred and thirty-two dollars per annum, and at that rate for each fraction of a year. Duty of clerk of court. Duty of county treasurer. Sec. 3, It is hereby made the duty of the clerk of the superior court of the county from which such commitment is made, to certify to the county auditor the name, age, and date of commitment of each person •committed bj- the superior judge thereof, and the amount due to the state from the county by reason of such commitments, and before the first day of May and December of each and every year to file with the treasurer of the county a statement of the number of commitments, with the date thereof, and the amount due from the county by reason of such commitments, to the state trea.surer; and it is further made the duty of the county treasurer, during the settle- ment or at the time of the settlement with the state during the month of May and December of each year, to pay to the state treasurer, through the state controller, the amount so found to be due to the state by reason of commitments to the state schools as herein pro- vided. Gen. Laws — 123 2130 APPENDIX. Duty of superintendents of state schools. Sec. 4. The superintendent of tlie state school at Whittier and the Preston School of Industry are hereby required to transmit to the state treasurer a statement of all commitments to their respective in- stitutions, showing the name of the person committed, the date of the commitment, and the county from which the commitment is made, and the amount due to the state from the county by reason of such com- mitments; said statement to be made quarterly, as follows: on or be- fore the first day of January, the first day of April, the first day of July, and the first day of October of each year; and it is hereby made the duty of the controller of state to add the amounts due to the state from said counties such sum as may be shown to be due by rea- son of commitments to such schools, as in section two of this act provided. Conflicting acts repealed. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Act takes effect when. Sec. 6. This act shall take effect immediately. SEDUCTION. An Act to punish seduction. [Approved March 1, 1872; Stats. 1871-72, p. 184.] Seduction. Section 1. Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, and every person who aids or assists in such abduction for such purpose, and every person who by any false pre- tenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man, is punishable by imprisonment in the state prison not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SniPPING — STATE PRISONS. 2131 SHIPPING. See ante, Appendix, tit. "Buoys and Beacons.' STATE PRISONS. An Act providing for the erection and operation of roclc-crusMng plants at the state prisons, for the preparation of highway material for the benefit of the people of the state, and providing for the necessary advances and appropriation of money to carry out said work. [Approved March 28, 1895; Stats. 1895, p. 274.] § 1. Rock-crushing plants may be established. § 2. Cost of product, how to be estimated. § 3. Sale price. § 4. Profit to be paid into state treasury. § 5. Prison directors may lease railroad cars. § 6. Appropriation. § 7. Revolving fund. § 8. Conflicting acts repealed. § 9. Act takes effect when. Rock-crushing plants may be established. Section 1. The governor of the state, the state prison directors, and the bureau of highways (or if the latter shall not be established, then and in that case the two first named) shall, when satisfied that fifty thousand cubic yards of prepared road or highway metal, as hereinafter described, will be taken for highway purposes, purchase, establish, and operate at one or both of the state prisons, a rock or stone crushing plant, to be operated by convict labor and by the ap- plication of power under control of the state prison directors, and with such free labor as is necessary for superintendence and direction, to crush rock or stone into road-metal for highway purposes, of dif- ferent and necessary degrees of fineness; provided, that the authority and direction hereby and herein conferred and given, shall not be exercised or employed until the governor and the state prison directors are satisfied that transportation can be had for such highway-metal for highway purposes at just and reasonable rates, and so as to jus- tify the setting up and operation herein provided for of said plant. 2132 APPENDIX. Cost of product, how to be estimated. Sec. 2. When such plant described in section one is set up and operated there shall be taken into account in ascertaining the cost of producing highway-metal therefrom, only the cost of necessary ex- plosives, oil, fuel, tools, and machinery exclusive of the plant itself, repairs, superintendence, and direction, and the preparation and main- tenance of beds, boxes, crates, or other unloading devices for car- riage and delivery from cars of said highway-metal. Sale price. Sec. 3. To said cost of production so ascertained, as set out in sec- tion two, there shall be added for and to each and every cubic j^ard of highway-metal so produced, ten per cent, and the result or product of such addition shall be the sale price of such metal delivered from the plant free on board of the cars or other vehicles of transportation. Profit to be paid into state treasury. Sec. 4. Said ten per cent shall, as realized, and not less frequently than semi-annually, be paid into the state treasury, until there shall have been paid in the full sum of twenty-five thousand dollars, and thereafter said percentage shall be reduced to five per cent, and the same, as realized, shall be paid into the fund for the support of the state prisons. Prison directors may lease railroad cars. Sec. 5. The state prison directors are hereby authorized to lease railroad cars with equipment suitable for the rapid and economical handling and delivery of highway material prepared as aforesaid, whenever in their judgment the interests of the people of the state will be conserved thereby in the matter of highway construction by the use of such highway-metal so produced, as in this act provided. The cost of such leasing shall in such case be carried into the cost of production described in section two. Appropriation. Sec. 6. The sum of thirty thousand dollars is hereby advanced by the state, for the purposes of this act, and said sum is hereby appro- priated out of the general fund of the treasury, subject to the de- STATE PRISONS. 2133 mand of the state prison directors; and the state controller shall, on presentation of such demand, in writing, draw his warrant upon the treasurer for the said sum of money in behalf of said state prison directors, and the state treasurer shall, on presentation of such war- rant, pay the same. Twenty-five thousand dollars of said sum of money so advanced and appropriated shall be returned to the fund from which drawn, as is specified and directed in this act. Revolving fund. Sec. 7. The sum of five thousand dollars is hereby set apart out of the money so appropriated in the previous section, to and for the usage [use] of the state prison directors, to provide and maintain a permanent revolving fund for the purchase of tools, machinery, and other material and appliances, exclusive of the establishment of the plant described in this act, to be used in the process of crushing and handling rock or stone at the state prisons for the purposes contem- plated and set out in this act. All money taken from said revolving fund shall be used exclusively in payment for such supplemental machinery, tools, material, and appliances necessary to the proper quarrying, handling, and preparing of highway material at said state prisons; and so much of the money received for sale of highway-metal as shall be necessary to that end shall be returned to said revolving fund as is needed to keep the same constantly at the said figure of five thousand dollars. Conflicting acts repealed. Sec. 8. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Act takes effect when. See. 9. This act shall take effect and be in force from and after its passage. 2134 APPENDIX. An Act to regulate and govern the operation of the rock-crushing plant at the state prison at Folsom, to provide for the sale of crushed rock, and the disposition of the revenues derived therefrom. [Approved March 11, 1897; Stats. 1897, p. 99.] § 1. Board of prison directors to control rock-crushing plant at Folsom. § 2. How operated. § 3. Sale of road-metal. § 4. Sale price. § 5. Cost of metal, how estimated. § 6. May lease cars. § 7. Revolving fund. § 8. Disposal of surplus funds. § 9. Duty of clerk at Folsom. § 10. Disbursement of money. § 11. Plant may be rebuilt. Appropriation therefor. § 12. Powers of prison directors. § 13. Inconsistent acts repealed. § 14. Act takes effect when. Board of prison directors to control rock-crushing plant at Folsom. Section 1. The state board of prison directors shall regulate, gov- ern, and have full control of the rock or stone crushing plant estab- lished at the state prison at Folsom, the product thereof, the revenues derived therefrom, and all appropriations of money therefor. How operated. Sec. 2. The plant shall be operated by convict labor, and by the application of the mechanical and water power belonging to the state prison at Folsom, together with such free labor as the state board of prison directors may deem necessary for superintending, directing, and guarding the convicts employed thereon. Sale of road-metal. Sec. 3. The state board of prison directors are hereby empowered and authorized to sell and to otherwise dispose of the crushed-rock product of the said plant; provided, that in all cases preference shall be given to orders received from the bureau of highways for crushed rock for road-metal for highway purposes. Sale price. Sec. 4. The sale price of all crushed rock sold for road-metal for highway purposes shall be the cost of production, with ten per STATE PRISONS. 2135 centum added, delivered on board cars or other \iehicles of transpor- tation at the rock-crushing plant; provided, that no rock shall be sold for highway or other purposes for a less price than thirty cents per ton. Cost of metal, how estimated. Sec. 5. The cost of production shall be ascertained by estimating the cost of explosives, oil, fuel, tools, repairs, free labor, supplement- ary machinery, the preparation and maintenance of beds, boxes, crates, or other unloading devices for carriage to and delivery from ears, of said crushed rock, the leasing of railroad cars, and the cost of such other materials, supplies, and expenses as may be required and used in producing each ton of crushed rock ready for sale deliv- ery. May lease cars. Sec. (5. The state board of prison directors are hereby authorized to lease railroad cars, with equipments suitable for the rapid and economical handling and delivery of crushed rock, pre^iared as afore- said, whenever in their judgment the interest of the people of the state will be conserved thereby, in the matter of highway construc- tion, by the use of said crushed rock. The cost of said leasing shall be carried into the cost of production described in section five. Revolving fund. Sec. 7. The amount of five thousand dollars heretofore appropri- ated is hereby set apart to and for the usage [use] of the state board of prison directors, to provide and maintain a permanent re- volving fund for the purpose of operating and maintaining the rock- crushing plant at Folsom prison. The money taken from said revolv- ing fund shall be used exclusively for operating and maintaining the said rock-crushing plant. So much of the money received from the sale of crushed rock as shall be necessary to that end, shall be re- turned to said revolving fund, as it is needed to keep the same con- stantly at the said figure of five thousand dollars. Disposal of surplus funds. Sec 8. Whenever the revolving fund shall be replenished, and there shall be a surplus, or balance, over the amount appropriated. 2136 , APPENDIX. this surplus, or balance, shall be paid, not less frequently than semi- annually, into the state treasury, to the credit of the fufid known as " the state prison fund of Felsom prison," for the use and support of Folsom prison. Duty of clerk at Folsom. Sec. 9. The clerk of the state prison at Folsom shall keep such records, books, and accounts as may be necessary to at all times clearly exhibit the financial, business, and other transactions of the said rock-crushing plant. All such records, books, and accounts shall be kept separate and distinct from those relating to other prison affairs. Disbursement of money. Sec. 10. For all sums of money herein required to be paid, drafts shall be drawn on the controller of state, signed by at least three members of the state board of prison directors. Said drafts shall be sent to the state board of examiners, to be by them approved, and after approval by said state board of examiners, the controller of state shall draw his warrant in behalf of said state board of prison directors, on the state treasurer, who shall pay the same, on presenta- tion of such warrant; provided, that the state board of examiners is hereby expressly prohibited from approving of any of said drafts until the same are presented with itemized statements, showing spe- cifically the services rendered, by whom performed, time employed, distance traveled, and necessary expenses thereof; if for articles pur- chased, the said statement shall give the name of each article, to- gether with the price paid for each, and of whom purchased, together with the date of purchase. Plant may be rebuilt. Appropriation therefor. Sec. 11. If any of the buildings, machinery, or structures apper- taining to or comprising the said rock-crushing plant are destroyed in any way, or injured bj' fire or otherwise, they may be rebuilt or repaired immediately, under the direction of the state board of prison directors, by and with the consent solely of the governor, the attor- ney-general, and the secretary of state, and the expenses thereof, not to exceed in amount the sum of ten thousand dollars, shall be paid STATE PRISONS. 2137 out of any funds in the state treasury not otherwise appropriated by law, and the provisions of no other act shall apply to or govern or limit this section, or any of the powers or duties herein conferred. Powers of prison directors. Sec. 12. The state board of prison directors are hereby authorized and empowered to perform such other acts and duties as may be necessary to carry out the full intent and meaning of this act. Inconsistent acts repealed. Sec. 13. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Act takes effect when. Sec. 14. This act shall take effect immediately. An Act to autliorize and empower the state hoard of prison directors to purduise Calif ornia-groion hemp, to be used in the manufaeture of grain-bags, and to fix the price at which such bags shall be sold. [Approved March 16, 1901; Stats. 1901, p. 515.] Prison directors authorized to purchase California-grown hemp. Section 1. The state board of prison directors are authorized and empowered to purchase California-grown hemp, to be used in the manufacture of grain-bags, and to pay for the same from the revolv- ing fund created by law for the purchase of jute. The price for which grain-bags made at said prison from hemp shall be sold shall be fixed by the state board of prison directors, in the same manner as the price of bags made from jute is now by law fixed by said board. Act takes effect when. Sec. 2. This act shall take effect immediately. 2138 APPENDIX. An Act authorising the state hoard of prison directors to fix the price, terms and conditions of sale at which jute hags should he sold for the state, providing for the prosecution and punishment for offenses under the same, and repealing certain acts. [Approved March 10, 1909; Stats. 1909, p. 280.] f 1. Jute goods, rules for sale ef. § 2. Affidavit of purchaser. § 3. False affidavits, penalty for. § 4. Books of account for public inspection, keeping of. § 5. Certain act and conflicting acts repealed. § 6. Act takes effect when. Jute goods, rules for sale of. Section 1. The state board of prison directors are authorized and empowered to adopt rules and regulations for the sale of jute goods, but such rules and regulations, before they become effective, shall be approved by a majority of the state board of examiners. The state board of prison directors shall annually, in the month of December of each year fix the price, for the sale of jute bags and give public notice of the same, for at least ten days in as least four newspapers of general circulation printed and published as follows to wit: one in the city and county of San Francisco, one in the San Joaquin Valley, one in the Salinas Valley and one in the Sacramento Valley. Until the 1st day of April of each year, jute bags shall be sold only to consumers thereof, but after said date, if a surplus of said jute bags remains unsold, they may be sold to any one in such quantities and at such prices as the board of directors in their discretion may deem proper. Affidavit of purchaser. Sec. 2. All orders for jute bags filed with the board of prison direc- tors prior to the first day of April of each year, shall be accompanied by an affidavit setting forth the name, residence, post-office address and occupation of the applicant; that the amount of goods contained in the order are for the applicant's individual and personal use, and that he has not contracted for, nor agreed to contract for the sale of any portion thereof to any person or persons whatsoever. Said affi- davit shall be subscribed and sworn to before a notary public, justice of the peace, or other officer authorized to administer oaths. STATE PRISONS. 2139 False affidavits, penalty for. Sec. 3. Any person who shall falsely or fraiululently make such affidavit, or who shall falsely or fraudulently procure jute bags under the provisions of this act, shall be guilty of a misdemeanor, and vn conviction thereof, shall be fined not less than two hundred dollars ($200.00). Books of account for public inspection, keeping of. Sec. 4. The board of prison directors shall keep at the San Quentin prison a book for public inspection, in which shall be entered the number of jute bags, the amount of jute goods manufactured each year, and also the name of each purchaser, his post-office address, his occupation, number of jute bags or jute goods purchased by him, and the price paid by him therefor and the date and sale and the place to w^hich shipment is made. Certain act and conflicting acts repealed. Sec. 5. An act entitled, " An Act fixing the price, terms and con- ditions of sale at which jute goods shall be sold by the state, and providing for prosecution and punishment for offenses under the same;" approved March 22d, 1907, and all other acts and parts of acts in conflict with this act are hereby repealed. Act takes effect when. Sec. 6. This act shall take effect and be in force from and after its passage. An Act to authorize and empoiver the state hoard of prison directors to injure jute and jute goods against either fire or marine loss and to pay the cost of such insurance from the revolving fund for the purchase of jute. [Approved March 10, 1909; Stats. 1909, p. 281.] Insurance of jute goods. Section 1. The state board of prison directors is hereby authorized and empowered to insure from time to time against fire or marine loss, all jute and jute goods owned by the state, in such amounts as 2140 APPENDIX. it may deem proper. The cost of such insurance shall be paid from the revolving fund for the purchase of jute. Act takes effect when. Sec. 2. This act shall take effect immediately. An Act directing the state prison directors of the state of California to employ at least twenty prisoners in the construction of roads to the state prisons at San Quentin and at Folsom. [Approved March 12, 1903; Stats. 1903, p. 127.] State prisoners, employment of, on public roads. Section 1. The state prison directors of the state of California are hereby authorized and directed to employ at least twenty prisoners daily during fair weather, in the construction and repair of such pub- lic roads as have been or shall hereafter be laid out or opened by the board of supervisors of Marin County, and which extend from San Quentin state prison, or the grounds surrounding the same, to Point Tiburon, San Eafael, and all railroad stations in Marin -County which lie in the neighborhood of the said state prison; providing, that no work shall be done by such prisoners beyond a point six miles dis- tant from said prison buildings:' and also to employ at least twenty prisoners under like conditions on roads extending from the state prison at Folsom in Sacramento County or connecting therewith; pro- viding, that no work shall be done by such prisoners beyond a point six miles distant from said prison building. Act takes effect when. Sec. 2. This act shall take effect and be in force from and after its passage. Similar acts. Acts similar in terms were passed in 1893 (Stats. 1893, p. 141); in 1897 (Stats. 1897, p. 6) ; in 1891 (Stats. 1891, p. 222). STATE PRISONS. 2141 In Act concerning the payment of the expenses and costs of the trinl of convicts for crimes committed in the state prison, and to pay the costs of the trial of escaped convicts, and to ^ay for the expenses of coroner inquests in said prison. [Approved April 12, 1880; Sfats. 1880, p. 43.) See this act, ante, Appendix, tit. " Costs." An Act to establish board of parole commissioners for the parole of and government of paroled prisoners. [1. Approved March 23, 1893; Stats. 1893, p. 183. 2. Amended February 28, 1901; Stats. 1901, p. 82.] Parole and government of paroled prisoners. Governor may revoke parole. Section 1. The state board of prison directors of this state shall have power to establish rules and regulations under which any pris- oner who is now or hereafter may be imprisoned in any state prison, and who may have served one calendar year of the term for which he was convicted, and who has not previously been convicted of a felony and served a term in a penal institution, may be allowed to go upon parole outside of the buildings and inclosures, but to remain while on parole in the legal custody and under the control of the state board of prison directors, and subject at any time to be taken back within the inclosure of said prison; and full power to make and enforce such rules and regulations and retake and impi-ison any con- vict so upon parole is hereby conferred upon said board of directors, whose written order certified by the president of said board shall be a sufficient warrant for all officers named therein to authorize such officer to return to actual custody any conditionally released or pa- roled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and villages, and sheriffs of counties, and all police, prison, and peace-officers and constables to execute any such order in like manner as ordinary criminal process; provided, however, that no prisoner imprisoned under a sentence for life shall be paroled until he shall have served at least seven calendar years. The governor of the state shall have like power to cancel and revoke the parole of any prisoner, and his written authority shall likewise be sufficient to 2142 APPENDIX. authorize any of the ofBcers named therein to retake and return said prisoner to the state prison, and his written order canceling or revok- ing the parole shall have the same force and effect and be executed in like manner as the order of the state board of prison directors. If any prisoner so paroled shall leave the state without permission from said board he shall be held as an escaped prisoner and arrested as such. [Amendment. Approved February 28, 1901; Stats. 1901, p. 82.] Act takes effect when. Sec. 2. This act shall take effect immediately. An Act to provide for the creation of a hoard of parole commissioners for each county in this state, for the paroling of prisoners confined in county jails, and authorizing and empowering such boards to make rules and regulations in relation thereto. [Approved March 25, 1909; Stats. 1909, p. 783.1 This act, 2620, is printed in its entirety on page 941. SUPERVISORS. An Act to authorise hoards of supervisors to pay the expenses of posse comitatus in criminal cases. [Approved April 16, 1880; Stats. 1880, p. 102. J Posse comitatus. Section 1. The board of supervisors of any county may allow, in their discretion, such compensation as they may deem just, to defray the necessary expenses that have been incurred by a posse comitatus in criminal cases; provided, no claim shall be allowed for expenses which have not been incurred within one year before such allowance. Act takes effect when. Sec. 2. This act shall take effect and be in force from and after its passage. INDEX TO APPENDICES. (2143) INDEX TO APPENDICES. ABDITCTION. Punishment of, p. 2130. ACKNOWLEDGMEXTS. Act curing defects in, p. 1S53. Correction of, acts legalizing defective acknowledgments, p. 1853. Defective, act curing, p. 1853. ACTION. State, acts authorizing actions against, pp. 19G5, 1967, 1968. ADULTERATION. Act relating to adulteration of honey, p. 1981. Dairy products, act establishing standards of quality, p. 2013. Dairy products, act prohibiting adulteration and deception in sale of, p. 2013. Dairy products, adulteration of, act defining, p. 2013. Drugs, manufacture, sale or transportation of adulterated, mis- labeled or misbranded, act to prevent, p. 1979. Drugs, traffic in, act regulating, p. 1979. Foods, liquors and drugs, act preventing manufacture, sale, etc., of mislabeled or misbranded, p. 1388. Foods, liquors and drugs, act regulating traffic in, p. 1983. Foods, liquors and drugs, state laboratory for, acts providing for, p. 1983. Milk, acts to prohibit adulteration and deception in sale of, pp. 2013, 2017. Milk, act to prohibit use of chemicals and other materials to pre- vent fermentation, p. 2017. Milk, adulteration of defined, p. 2015. Milk, certified, act regulating production and sale of, p. 2019. Milk products, act to prohibit use of chemicals and other materials in, to prevent fermentation, p. 2017. Milk, standards of, act establishing, p. 2015. Paints, oils, varnishes and pigments, act to prevent adulteration of, p. 1982. Syrup, act relating to, p. 1971. Wine, act relating to, p. 1971. Wine, act to establish uniform wine nomenclature for pure wines, p. 1977. Wine, act to prevent deception in manufacture and sale of, p. 1977. AFFIDAVIT. By trust companies, how taken, p. 1877. (2145) 2146 INDEX TO APPENDICES. ALAMEDA COUNTY. Acts providing additional superior judges, p. 1954. Deer on Mt. Diablo, act to prevent destruction of, p. 2047. Fishing in San Leandro Creek and Lake Chabot forbidden, p. 2044. Number of superior judges, p. 1954. ALIEN. Aliens incapable of becoming electors prohibited from Ashing, p. 2041. AMERICAN PLiAG. Desecration of flag prohibited, p. 2046. ANALYST. State, appointment, powers and duties, p. 1848. ANIMALS. Act for prevention of cruelty to, p. 1993. Bristle or tack-bur or similar device, use of prohibited, p. 1994. Combination to obstruct sales of live-stock proliibited, p. 1853. Drugs, giving to, act to prevent, p. 1995. Insurance of live-stock on assessment plan, act relating to, p. 1920. Poisoning, act to prevent, p. 1995. State veterinarian, act creating, p. 1993. Tampering with, act to prevent, p. 1995. ARMY AND NAVY. Unlawfully wearing badge of Grand Army, punishment of, p. 2049. ARREST. Posse comitatus, supervisors authorized to pay expenses of, p. 2142. ARTESIAN WELLS. Act to prevent waste and flow of water from, p. 1996. Defined, p. 1996. Regulating use of, and preventing waste of, percolating waters, p. 1996. Waste from, defined, p. 1996. ASSAULT. On president, vice-president, governors, federal judges, or execu- tive officers, p. 2007. AS.SIGNEES. Deposit of money in trust company by, under order of court and discharge from liability, p. 1901. Deposit of personal assets in trust company and reduction of bond, p. 1901. ASSIGNMENT. Employees of corporation, act relating to assignments of wages by, p. 1898. ASSOCIATIONS. See Rural Cemetery Associations. Act forbidding wearing of badge of labor union, p. 2076. Protective, act validating acknowledgments of, p. 1853. ATTORN E Y-GENER AL. Actions for penalties under the banking act, p. 1894. INDEX TO APPENDICES. 2147 ATTORNEY'S FEE. In foreclosure suits to be fixed by court, p. 1962. BADGE. Of labor union, act forbidding wearing of, p. 2076. BALLOTING MACHINES. Act creating- state commission on pp. 1813, 1821. BANKS AND BANKING (BANKING ACT OP 1909). Advertising statements, what to show, p. 1860. Approval by superintendent of banks, and certificates, necessary before doing business, p. 1885. Assets of bank, director, oflScer, agent, or servant not to be inter- ested in purchase of, p. 1868. Assets of bank, punishment where auditor, officer, agent, or servant interested in purchase of, p. 1868. Bank includes what corporations, p. 1857. "Bank," what corporations may not use term, p. 1859. Bonds, limit on power to invest in or loan upon, p. 1868. Bonds, limit on right to purchase, underwrite, or guarantee, p. 1867. Branch offices, rights and duties as to, p. 1858. Capital of departmental banks, increase of, p. 1863. Capital, paid up, amount of, p. 1862. Capital required of departmental banks, p. 1863. Capital stock, punishment of officers purchasing or loaning on, p. 1866. Capital stock, purchased or carried, to be sold within six months, p. 1866. Capital stock, right of bank to loan on, p. 1866. Capital stock, right of bank to purchase its own, p. 1866. Certificate by superintendent of banks, necessary before doing busi- ness, p. 1885. Certificate, duty of superintendent of banks before issuance of, p. 1885. Certificate, stockholders, examination of fitness before issuing, p. 1885. Certificate to do business, issuance of and transmission to county clerk, p. 1885. Clerk borrowing funds from bank, punishment of, p. 1866. Clerks not to borrow funds from bank, p. 1866. Commercial banks, capital required, p. 1876. Commercial banks, directors, loans to, report of to superintendent of banks and proceedings by, p. 1876. Commercial banks, directors, loans to, restrictions on, p. 1876. Commercial banks, loans, limit on, p. 1875. Commercial banks, directors, loans to, violation of statute a felony, p. 1876. Commercial banks, meaning of, p. 1857. Commercial banks, not to advertise as savings banks, p. 1869. 2148 INDEX TO APPENDICES. BANKS AND BANKING (Banking Act of 1909) (continued). Conducting- business in unsafe manner, proceedings in case of, p. 1888. Corporations to conduct banking, how formed, p. 1857. Departmental banking, right of, p. 1863. Departmental banks, business to be conducted in one building, p. 1864. Departmental banks, capital, increase of, p. 1863. Departmental banks, certificate for each department, necessity for, issuance of, and fee for, p. 1863. Departmental banks, deposits in departments and transfer of, p. 1864. Departmental banks, priority of depositors of the several depart- ments, p. 1864. Departmental banks, reports by, p. 1886. Departmental banks, reserve for each department, p. 1864. Departmental banks, separate accounts and investments, p. 1864. Deposit in bank by executor, guardian, etc., and relief from lia- bility, p. 1869. Deposit in trust for another, rights under, p. 1860. Depositors, capital and assets are security for, p. 1863. Depositors have priority over stockholders, p. 1863. Depositors, stockholders as, priority of, p. 1862. Depositors who are dead, or who have not made deposits or with- drawal for ten years, return and publication of, p. 1860. Deposits by infants, how held and paid, p. 1860. Deposits by married women, how held and paid, p. 1860. Deposits in other banks, right to make, p. 1868. Deposits, joint, p. 1860. Deposits under $500, right to collect without administration, and procedure, p. 1860. Directors, duty to examine into bank, and powers in relation to, p. 1892. Directors, eligibility, p. 1859. Directors, oath of, p. 1859. Directors, posting lists of, with number of shares owned, p. 1861. Directors, report by, p. 1892. Dissolution, escheat of unclaimed property, p. 1891. Dissolution, right of and proceedings on, p. 1891. Dividends, p. 1863. Existing corporations, effect of banking act on, p. 1895. Filing certified copies of articles and amendments, p. 1858. Foreign corporation, designating superintendent of banks as agent for service of process, p. 1858. Foreign corporation, requirements of, p. 1858. Foreign corporation, superintendent, designated as agent for serv- ice of process, rights and duties, p. 1858. INDEX TO APPENDICES. 2149 BANKS AND BANKING (Banking Act of 1909) (continued). Impairment of capital, proceedings in case of, p. 1887. Interest unpaid not to be included in calculating profits previous to dividends, p. 1868. Liquidation by superintendent of banks, p. 1888. Mortgage in which officer interested, not to be transferred to bank, p. 1866. Mortgage, punishment of officer transferring to bank when he is interested, p. 1866. Name of unincorporated bank, what to show, p. 1860. Name, what words must use on letter-heads, signs, etc., p. 1864. National banks, examination of, p. 1869. Non-stock corporation, transferring into stock corporation, p. 1865. Officers borrowing from bank, punishment of, p. 1866. Officers not to borrow funds, p. 1866. Partnership doing banking business, list of partners and capital paid in, p. 1862. Penal liabilities of officers or employers, pp. 1866, 1SG7. 1868. 1873, 1876, 1885, 1894. Penalties or forfeitures, attorney-general may sue for on request of superintendent of banks, p. 1894. Posting of last certificate obtained from superintendent of banks, p. 1869. Publication of statement of financial condition, when to be made and what to show, p. 1887. Purchase of obligations of bank by director, officer or employee for- bidden, p. 1868. Real estate, power to loan upon, p. 1869. Reports by banks doing departmental business, p. 1886. Reports by directors and what to show, p. 1892. Reports by superintendent of banks prima facie evidence, p. 1894. Reports by superintendent of banks to governor, p. 1893. Reports, delinquency in regard to and penalty, p. 1892. Reports, what to show, p. 1886. Reports, when to be made and verification of, pp. 1886, 1887. Reserve, lawful money reserve, amount of, p. 1862. Reserve, lawful money reserve, proceedings where deficiency in, p. 1862. Reserve, trust funds not to be counted as part of, p. 1866. Reserve, what portion of profits paid into, p. 1863. Safe deposit, right to conduct, p. 186.5. Sale of assets to another bank, p. 1865. Savings hank, advertising as, by other banks forbidden, p. 1869. Savings banks, capital paid up, p. 1862. Savings banks, capital required, p. 1870. Savings banks, cash, amount to be carried by, p. 1874. Savings banks, certificates of deposit, issuance of by, p. 1872, 2150 INDEX TO APPENDICES. BANKS AND BANKING (Banking Act of 1909) (continued). Savings banks, creation of debt by, what acts are not, p. 1873. Savings banks, debts otlier than for deposits, power to contract, p. 1872. Savings banks, depositors, conditions of payment to, p. 1873. Savings banks, deposits with banks, power as to, p. 1874. Savings banks, directors or officers, borrowing by, a misdemeanor, p. 1873. Savings banks, directors or officers, borrowing by, forbidden, p. 1873. Savings banks, hypothecation of securities forbidden, p. 1872. Savings banks, loans, limit on, and security for, p. 1873. Savings banks, loans not to be made during deficiency in deposits, p. 1874. Savings banks, loans, officers violating law as to, guilty of felony, p. 1873. Savings banks, may borrow public moneys of state, counties, etc., p. 1872. Savings banks, meaning of, p. 1857. Savings banks, new loans not to be made where large calls by depositors, p. 1873. Savings banks, paying regular customers by drafts upon deposits, p. 1872. Savings banks, powers of, p. 1857. Savings banks, power to deal in realty and personality, p. 1872. Savings banks, property what may hold, p. 1870. Savings banks, reserve fund, amount of, p. 1862. Savings banks, reserve fund required where no capital stock, pp. 1870, 1873, 1874. Savings banks, securities what may hold, p. 1870. Savings banks, surplus, amount of, p. 1862. Savings banks to be conducted under provisions of bank act, p. 1875. State banking department, certificate, examination of fitness of stockholders before issuing, p. 1885. State banking department, certificate, issuance of and transmission to county clerk, p. 1885. State banking department, creation of, p. 1882. State banking department, examination into foreign banks, p. 1884. State banking department, examiner, neglect to report condition of bank a felony, p. 1885. State banking department, examiner, not to be appointed receiver, p. 1885. State banking department, examiner, oath of, p. 1885. State banking department, examiner, powers and duties of, p. 1884. State banking department, inspection of books, p. 1884. State banking department, officers of, p. 1882. State banking department, state banking fund, contribution of banks to, how determined, p. 1883. INDEX TO APPENDICES. 2151 BANKS AND BANKING (Banking Act of 1909) (continued). State banking- department, state banking- fund, expenses of depart- ment paid out of, p. 1883. State banking department, state banking fund, how created and wliere deposited, p. 1883. State banking department, superintendent of banks, appointees, number, salaries, and qualifications of, p. 1883. State banking department, superintendent of banks, appuintment, term of office, qualifications, and salary, p. 1882. State banking department, superintendent of banks, approval of and certificate to bank transacting business, p. 1885. State banking department, superintendent of banks, chief deputy, appointment, qualification, bond and oath, p. 1883. State banking department, superintendent of banks, duty on impair- ment of capital by bank, p. 1887. State banking department, superintendent of banks, liquidation of bank by, p. 1888. State banking department, superintendent of banks, may request attorney-general to sue for forfeitures and penalties, p. 1894. State banking department, superintendent of banks, neglect by, when a felony, p. 1894. State banking department, superintendent of banks, oath and bond of, p. 1882. State banking department, superintendent of banks, offices, furni- ture, fuel, stationery and lights for, p. 1£83. State banking department, superintendent of banks, offices, -where located, p. 1883. State banking department, superintendent of banks, proceedings where bank does unsafe business, p. 1888. State banking department, superintendent of banks, proceedings where bank violates law or articles of incorporation, p. 1888. State banking department, superintendent of banks, report of, p. 1893. State banking department, superintendent of banks, reports of are prima facie evidence, p. 1894. State banking department, superintendent of banks, weekly bulle- tin, posting of, and what to contain, p. 1893. Stockholders as depositors, priority of, p. 1S63. Stockholders, capital and assets are security for, p. 1863. Stockholders, depositors have priority over, p. 1863. Stockholder's liability cannot be waived, p. 1868. Stockholders, list of, p. 1861. Stock of banks, limit on power to loan on, p. 1868. Stock of corporations, limit on right to invest in, p. 1867. Stock of corporations, officer violating statute in regard to invest- ment in, guilty of felony, p. 1867. Surplus, amount of, p. 1862. 2152 INDEX TO APPENDICES. BANKS AND BANKING (Banking Act of 1909) (continued). Surplus, what portion of profits paid into, p. 1863. Term "bank," who may not use, p. 1859. Title of act, p. 1857. Trust companies, bond, not required to give, p. 1878. Trust companies, capital, amount paid up required before certifi- cate issued, p. 1880. Trust companies, capital required where doing a banking business, p. 1881. Trust companies, compensation of, p. 1877. Trust companies, confidential communications, disclosures of, p. 1880. Trust companies defined, p. 1858. Trust companies, departmental business, doing, to comply with pro- visions governing the departments, p. 1881. Trust companies, deposit of money in by executor, assignee, receiver, etc., on order of court and discharge of, p. 1877. Trust companies, deposit of money in, by public administrator, withdrawal of, and discharge of administrator, p. 1877, 1878. Trust companies, deposit of personal assets in by executor, guardian, receiver, etc., and reduction of bond, p. 1878. Trust companies, deposits with treasurer, pp. 1878, 1879. Trust companies, deposits with treasurer, abstracts of title in c;.se of, p. 1879. Trust companies, interest on deposit with treasurer, right to re- ceive, p. 1879. Trust companies, interest payable by, p. 1878. Trust companies, investments, laws governing, p. 1881, Trust companies, investments, liability for, p. 1878. Trust companies, mortgage of realty to state treasurer, p. 1879. Trust companies not to advertise as savings bank, p. 1869. Trust companies, oath and affidavit of, how taken, p. 1877. Trust companies, officers, liability of, p. 1877. Trust companies, report of trusts held. p. 1880. Trust companies, retirement from business, sliowing required and proceedings on, p. 1880. Trust companies, "trust," effect of use of word, p. 1880. Trust companies, "trust," use of word prohibited to whom, p. 1880. Trust companies, what companies are, p. 1877. Trust companies, what companies may act as trustees, p. 1877, "Trustee," use of a misdemeanor, when, p. 1880. Trust funds not to be counted as part of reserve, p. 1866. Trust funds not to be mingled with other assets, p. 1866. Unincorporated banks, name of, what to show, p. 1860. Violation of law or articles of incorporation, proceedings in case of, p. 1888. BEACON. Protection of buoys and beacons, p. 1998. INDEX TO APPENDICES. 2163 BERKELEY, Act creating- justice's court in, p. 1960. BIG TREE GROVE. Act for protection of, p. 2050. Injury to, p. 2050. BOARD OF EXAMINERS. Act prescribing- certain duties of, pp. 1781, 1843. Duties, act prescribing certain, pp. 1781, 1S43. Old furniture and material, may sell, p. 1781. BOARDS OF TRADE. Act validating acknowledgments by, p. 1853. BONDS. Incorporations for giving, act governing, p. 1895. Libel and slander, bond to cover costs in, p. 1961. Officers, premium, payment by county, city, or state, p. 1781. BUOY. Protection of buoys and beacons, p. 1998. BURNT OR DESTROYED RECORDS OR DOCUMENTS. Act for making and recording notices of ownership or claim to realty, p. 1943. Act to establish and quiet title to realty where records burnt, pp. 1943. 1948. Court records, how restored, act relating to, p. 1950. Court records, how restored, procedure, p. 1950. Procedure to establish title under burnt-record act, p. 1950. BUTTER. Act to prevent deception in sale. p. 2000. Short-weight rolls of, act to prevent sale of, p. 1999. CANDIDATES FOR OFFICE. Act to prevent extortion from, p. 2028. Extortion from, act to prevent, p. 2028. CARRIER OF GOODS. Police, appointment of, to serve on railroads, steamships, etc., p. 2098. CARRIER OF PASSENGERS. Police, appointment to serve on railroads, steamships, etc., p. 2098. Refusal to sell passage tickets for foreign country, punishment of, p. 2030. CEMETERY. Bodies, exhumation and removal of, regulation of, p. 2099. Public cemetery districts, act providing for, p. 1896. CEMETERY CORPORATION. Deeds by, manner of execution of, p. 1907. Rural, act authorizing incorporation of, pp. 1896, 1897. CERTIFICATE OF DEPOSIT. Savings and loan corporation may issue, p. 1872. Savings banks, issuance of, by, p. 1872. 2154 index to appendices. che:e:se:. Deception in manufacture and sale of butter and cheese, act to prevent, p. 2000. CHINESE. Fishing-, prohibited from, p. 2041. CITY COURTS. Abolition of, p. 1953. Transfer of books, papers, etc., to justice, p. 1953. COMBINATIONS. Live-stock, to obstruct sale of, prevented, p. 1853. COMMISSION. Voting machine, commission on, pp. 1813, 1821. COMMISSIONERS. Railroad, act organizing and defining powers of, p. 1930. Transportation, act relating to, p. 1930. COMMITMENT. See School of Industry (Preston); School of Reform (Whittier). To Preston School of Industry, p. 2055. To Whittier State School, p. 2055. CONSPIRACY. Meaning of, limited In disputes between employer and employee, p. 2006. To commit any crime against president, vice-president, any gov- ernor, federal judges or executive secretaries, p. 2007. CONTROLiLER OF STATE. Act prescribing certain duties of, p. 1843. Duties, act prescribing certain, p. 1843. , Funds, act authorizing transfer of, by, p. 1850. CONVICT. Costs of trial of escaped, p. 2141. Costs of trial of, for crimes committed in prison, p. 2141. CORONER. Assistants in cities and cites and counties over one hundred thou- sand, p. 2011. Chemical and post-mortem examinations, p. 2110. Expenses of inquests in state's prison, payment of, p. 2008. Physicians and surgeons, attendance and compensation, p. 2008. Physicians to perform autopsies in counties of first class, p. 2008. Stenographer for, in cities and counties over one hundred thou- sand, p. 2009. CORPORATIONS. Act relative to foreign, p. 1907. Act respecting payment of wages, p. 1898. Act to protect persons dealing with, p. 1906. Act to protect stockholders of, p. 1906. Articles, fees for filing, p. 1907. Bonds, corporations for giving, act relating to, p. 1895. INDEX TO APPENDICES. *155 CORPORATIONS (continued). Execution of deeds by cemetery, p. 1907. Executor, receiver, trustee, etc., act authorizing corporation to act as, p. 1900. Filing of articles of incorporation, p. 1907. Frauds and misrepresentations by officers, penalty for, pp. 1898, 1906. List of stockholders to be accessible, p. 1861. Power of, to act as executor, guardian, trustee, etc., statute relating to, p. 1900. Stockholders, list of, to be accessible, p. 1861. Wages, assignment by employee, act relating to, p. 1898. Wages of laborers and mechanics, act providing for payment of, p. 1897. COSTS. Escaped convicts, of trial of, p. 2012. Expenses of coroners' inquests in state prison, pp. 2008, 2012. For serving subpoenas and summonses, served by person other than sheriff, p. 1952. Of posse comitatus, supervisors authorized to pay, p. 2142. Trial of convicts for crimes committed in state prison, p. 2012. Trial of persons violating fish law, p. 2040. COUNTIES. Claims of against state, act authorizing settlement of, p. 1847. County fire insurance companies, p. 1911. COUNTY CLEltlv. Pension claimant, affidavits of, to be taken without fee, p. 1782. COURTS. Acts increasing or decreasing number of judges of superior, p. 1955. City, abolition of, p. 1953. City, transfer of books, papers, etc., to justice, p. 1953. COURT RECORDS. Act for restoration of, in case of loss by fire, etc., p. 1950. Act to quiet title, in case of destruction of, pp. 194.3, 1948. Transfer of, of old courts to courts created by new constitution, p. 1963. CRUELTY TO ANIMALS. Act for prevention of, p. 1993. Use of bristle-bur, or tack-bur, or similar device prevented, p. 1994. DAIRY PRODUCTS. Deception in manufacture and sale, p. 2000, 2013. Short-weight rolls of butter, sale of, act to prevent, p. 1999. DECEASED PERSONS. Exhuming bodies of, without lawful permit, as an offense against public health, p. 2099. DEEDS. By cemetery corporations, execution of, p. 1907. To conveyances of real estate, p. 1909. 2156 INDEX TO APPENDICES. de:e:r. Mt. Diablo, act to prevent destruction of on, p. 2047. DEFINITION. Adulterated, p. 1982. Adulteration of food, p. 1985. Artesian well, p. 1997. Bank, p. 18.57. Commercial bank, p. 1857. County includes what, p. 1947. Drug-, pp. 1979, 2020. Drug- adulteration, pp. 1979, 2023. Food, pp. 1979, 1985. Food adulteration, pp. 1979, 2022. Milk, p. 2015. Misbranded, pp. 1986, 2020. Mislabeled, pp. 1986, 2020. Package, pp. 1987, 2020. Pure wine, p. 1972. Savings bank, p. 1857. Trust company, p. 1858. Waste, p. 1997. Wine, pure, p. 1978. DEPOSIT. Trust company, deposit of money in and discharge from liability, p. 1901. Trust company, deposit of money in and reduction of bond, p. 1901. DEPOSITARY. Trust company, deposit of money in and discharge from liability, p. 1901. Trust company, deposit of personal assets in and reduction of bond, p. 1901. DESTROYED RECORDS OR DOCUMENTS. Act as to quieting title in case of, pp. 1943, 1948. DISINTERMENT. Of dead bodies, without lawful permit a misdemeanor, p. 2099. DISTRICT ATTORNEY. Duty of, respecting sale of poisons, p. 2082. Duty of, to prosecute adulterators of food, p. 1991. DRUGS. Adulterated, mislabeled or misbranded, act to prevent manufacture, sale or transportation of, p. 1979. Adulteration of, act providing against, pp. 1979, 2020. Animals, act to prevent giving of drugs to, p. 1995. Manufacture, sale, or transportation of adulterated, mislabeled, or misbranded, act relating to, pp. 1979, 2020. Poisons, act regulating sales of, p. 2082. INDEX TO APPENDICES. 2157 DRUGS (continued). State laboratory for, act providing for, p. 2020. Traffic in. act regulating, p. 2020. DRl'^KARD. Act to prevent sale of liquor to, p. 2053. D YIN AMITE. Protection of life against handling of, p. 2034. EI-ECTIOiXS. Act of 1909 regulating primary, p. 1782. Campaign expenses, act regulating, p. 1S08. Campaigns, act regulating conduct of, offenses against, and punish- ment of, p. 1808. Extortion from candidates for office, act to prevent, pp. 1824, 2028. Piece clubs, act to prohibit, p. 1824. Piece clubs, prohibition of, p. 2028. Voting machine, act relating to, pp. 1813, 1821. Voting machine, commission on, act creating, pp. 1813, 1821. EMIGRATION. Act to promote, p. 2030. Refusal to sell passage tickets for foreign country, punishment of, p. 2030. E3IPL,OYMENT AGENT. Duties and liabilities of, p. 2031. ESCAPE. Costs of trial of escaped convicts, p. 2141. ESTATES OF DECEDENTS. Deposit of assets in trust company and reduction of bond, p. 1901. Deposit of money in trust company or bank, and discharge from liability, p. 1901. Deposits under ?500, collecting without administration, p. 1861. EXECUTIVE. Crime against federal officer, p. 2007. EXECUTIVE SECRETARY. Crime agai/ist, a felony, p. 2007. EXECUTOR OR ADMINISTRATOR. Corporation, act authorizing, to act as executor, p. 1900. Corporation acting as executor, powers and liabilities, p. 1900. Corporation as, p. 1900. Corporation as, bond of, p. 1900. Corporation as, qualification of, p. 1900. Corporation, deposit of funds with corporations, p. 1901. Deposit in bank or trust company and discharge from liability, p. 1901. Deposit in trust company and reduction of bonds, p. 1901. Reduction of bond on deposit of fund with corporation, p. 1901. 2158 INDEX TO APPENDICES. EXPLOSIVES. Act to protect life and property against careless use of, p. 2034. Dynamite, protection of life and property from use of, p. 2034. EXTORTION. Act to prevent, from candidates for office, p. 2028. FALSE BAY. Act to prevent taking of fish by means of weirs, dams, nets, traps, or seines in, p. 2042. FEDERAL. OFFICERS. Crimes against certain, punishment of, p. 2007. FELONY. Executive secretaries of United States, offenses against, p. 2007. Federal officers, offenses against, p. 2007. Governor, offenses against, p. 2007. Judges, federal, offenses against, p. 2007. President, offenses against, p. 2007. Secretaries, executive, of United States, offenses against, p. 2007. Seduction, p. 2130. Vice-president, offenses against, p. 2007. FENCES. Act to prevent persons passing through inclosures and leaving them open, p. 2038. FINAL PROCESS. Act concerning execution of, p. 1962. FIRE. Re.storation of court records in case of loss by, p. 1950. FIRE DEPARTMENT, Act authorizing city council to increase efficiency of, p. 1831. Act authorizing unincorporated towns to equip and maintain, p. 1824. Act creating board of Are commissioners in unincorporated cities, p. 1824. Act fixing salaries in cities of first class, p. 1833. Act providing for pension for aged, infirm, or disabled members, p. 1830. Act requiring commissioners to grant yearly vacation's, p. 1830. Pension for members, act creating, p. 1830. Pension fund, act creating, p. 1830. FIRE INSURANCE COMPANIES, MUTUAL. Act for organization and management of, p. 1917. FISH. Act to prevent destruction of, in Alameda County, p. 2044. Act to prevent taking, by means of weirs, dams, nets, traps, or seines, in certain streams in Mendocino County, p. 2042. Aliens incapable of becoming electors prohibited from fishing, p. 2041. Costs of trial for violations of law to be paid by state, p. 2040. INDEX TO APPENDICES. 2159 FISH (continued^. Ditches and flumes drawing supply from Kings River, proprietors to prevent passage of fish into, p. 2045. False Bay, act to prevent taking of, by means of weirs, dams, nets, traps, or seines in, p. 2042. Kings River, destruction of in, act to prevent, p. 2045. Lake Bigler, preservation of in, p. 2045. Lake Chabot, fishing in forbidden, p. 2044. San Antonio Creek, not to be caught with nets, seines, etc., p. 2043. San Leandro Creek, fishing in, forbidden, p. 2044. FLAG. Desecration of prohibited, p. 2046. FOOD. State laboratory for, act providing for, p. 1983, FORECLOSURE SUITS. Attorney's fees in to be fixed by court, p. 1962. FOREIGN. Banking corporation, designating superintendent of banks as agent for service of process, p. 1858. Banking corporation, reaulrements of, p. 1858. FOREIGN CORPORATIONS. Act concerning, p. 1907. FRANCHISE. Ordinances granting, acts validating, p. 1929. Railroad, sale of, and conditions of sale, statute relating to. p. 1932. Time within which street-railway franchises may be sold, act limit- ing, p. 1931. FRAUD. Butter and cheese, in manufacture and sale of, p. 2000. Misrepresentations or conditions of employment, punishment, p. 2078. Wine, in manufacture and sale of, p. 1971. FRE.SNO COUNTY. Acts increasing and decreasing number of superior judges in, p. 1955. Act to protect growing trees in, p. 2050. GAME LAWS. Deer on Mt. Diablo, act to prevent destruction of, p. 2047. False Bay, act to prevent taking of fish by means of weirs, dams, nets, traps, or seines in, p. 2042. Hunting on inclosed or cultivated land, penalty, p. 2038. Hunting on inclosed or cultivated land without permission, p. 2038. Inclosed land, hunting on, penalty, p. 2038. Mendocino County, act to prevent taking fish by m^ans of weirs, dams, nets, traps, or seines In certain streams in, p. 2042. Mocking-birds and their nests, protection of, p. 2047. 2160 INDEX TO APPENDICES. GAME LAWS (continued). Mt. Diablo, deer on, act to prevent destruction of, p. 2047. Nevada County, protection of game in, p. 2047. GAS. Act reg-ulating use of, p. 2048. Not to be turned off at meter, p. 2048. GOVERNOR. Act imposing- certain duties on, p. 2049. Employment of stenographer for, p. 1833. Offenses against, punisliment of, p. 2007. GRAND ARMY. Unlawfully wearing badge of, p. 2049. GRAND LARCENY. See Larceny. GROWING TREES. Act to protect in counties of Fresno, Tulare, and Kern, p. 2050. GUARDIAN. Act authorizing corporation to act as, p. 1900. Corporation, deposit of funds with, and reduction of bond, p. 1901. Corporation may act as, p. 1900. Orphan asylum, guardians for infants maintained in, effect on cus- tody or guardianship, p. 1911. HARBOR COMMISSIONEItS. Compromise of litigation over portion of water-front, act author- izing, p. 1840. Condemnation of certain property, act authorizing, p. lSo6. East Street, act authorizing rectifying alignment of, p. 18i;4. Free public market, act authorizing establishment of, pp. 18^7, 1838. Repairs upon private wharves, act authorizing, p. 1840. Insurance of property, act authorizing, p. 1835. Tolls, penalty for failure to pay, by false returns, etc., p. 1834 HEALTH LAWS. Exhumation and removal of dead bodies, regulation of, p. 2098. HEMP. prison directors authorized to purchase, p. 2137. HIGHWAY. Franchises for railroads on, acts relating to, pp. 829, 831, 832 HIGHWAY MATERIAL. Preparation of, at state prisons, pp. 2131, 2134. HOMESTEAD CORPORATION. Statute authorizing formation of corporations to provide homesteads for members, p. 1910. HONEY. Adulteration of, prohibited, p. 1981. HOTELS, Gas not to be turned off at meter, p. 2048. INDEX TO APPENDICES. 2161 HOURS OF LABOR. Of police officers, p. 2097. HUMBOLDT COIATY. Act increasing number of judg-es In, p. 1955. HUNTING, Act to prevent, on inclosed lands, p. 2038. INCLOSUKES. Act to prevent persons passing through and leaving them open, p. 2038. Leaving open, act to prevent, p. 2038. INFANCY. Act providing for appointment of guardians of children In orphans' homes or orphans' asylums, p. 1911. INJUNCTIONS. Use of limited, in disputes between master and servant, p. 2006. Use of word, how limited, in disputes between employers and em- ployees, p. 2006. INNKEEPER. Gas not to be turned on at meter, p. 2048. INSURANCE. Act relating to life, health, and accident, of live-stock on assess- ment plan, p. 1920. Act relative to accident, of live-stock, p. 1920. County Are insurance companies, organization and management of, p. 1911. Police relief, health and life insurance fund, payment to, p. 2088. Prison directors authorized to insure jute and jute goods, p. 2139. INSURANCE COMMISSIONER. Duty regarding corporations to give bonds, p. 1896. Surety corporations, duty in regard to, p. 1896. INTEREST. Payable by trust companies, p. 1878. INTERPRETER. Appointment of Italian in cities and counties, and counties over the hundred thousand, p. 2051. Italian, appointment and compensation of, in certain cities, p. 1957. INTOXICATING LiaUORS. Drunkard, sale to, a misdemeanor, p. 2053. Sale of within certain distance of camp or assembly of men engaged in public work, prohibited, p. 2052. INTOXICATION. Officers, punishment of for being in a state of, p. 2079. INVESTMENT. Trust companies are liable for, p. 1878. IRRIGATION. Laws relating to, p. 19.24. 2162 INDEX TO APPENDICES. ITALIAN INTERPRETER, Appointment and compensation of, In certain cities and counties, p. 1957. Appointment of, in cities and counties, and counties over one hun- dred tiiousand, p. 2051. JUDGES. Federal, offense against, p. 2007. Increasing or decreasing number of, p. 1955. Of superior courts, secretary for, p. 1954. Number of, in various counties, reference to acts relating to, pp. 1955, 1956. Secretary of, in cities over two hundred thousand, p. 1954. JUDICIAL OFFICER. Federal, offense against, p. 2007. JURISDICTION. Of justices of the peace in cities and towns, p. 1960. JUSTICE, FEDERAL. Offenses against, p. 2007. JUSTICE'S CLERK. Cities and counties of over two hundred thousand, clerk and assist- ants in, p. 1958. Salaries of deputies In cities and counties of more than two hundred thousand, p. 1958. Salary of, in cities and counties of more than two hundred thousand, p. 1958. JUSTICE'S COURT. Berkeley, act creating in, p. 1960. JUSTICES OF THE PEACE. Jurisdiction and compensation of. In cities and towns, p. 1960. Service of summons issued from justices' courts in San Francisco, p. 1960. JUTE. Offenses under law relating to sale of jute bags, p. 2138. Prison directors authorized to fix the price, terms, and conditions of sale of jute bags, p. 2138. Prison directors authorized to insure jute or jute goods, p. 2139. JUVENILE COURT. Act creating, p. 2054. Commitments to Whittier State School and Preston State School, p. 2055. Dependent and delinquent children, care, custody, and maintenance of, p. 2055. Dependent and delinquent children, who are, act relating to, p. 2055. Detention home for delinquent and dependent children, p. 2055. Jurisdiction of juvenile court over offenses connected with depend- ent and delinquent children, p. 2055. INDEX TO APPENDICES. 2163 JUVENILE COURT (continued). Probation committee, establishment of, p. 2055. Probation officers, creation and salaries of, p. 2055. Procedure in, p. 2055. Punishment of persons responsible for dependent or delinquent children, p. 2055. KERN COUNTY, Act providing additional judge for, p. 1956. Act to protect growing trees in, p. 2050. KINGS RIVER. Destruction of fish in, act to prevent, p. 2045. LABORERS. Act giving lien to loggers and laborers, p. 1925. Employed by corporations, act to provide for payment of wages of, p. 1897. LABOR ORGANIZATION. Prevention of persons from unlawfully using a union card, p. 2076. Prevention of unlawfully wearing button of, p. 2076. LAKE BIGLER. Preservation of fish in, act for, p. 2045. LAKE CHABOT. Fishing in, act forbidding, p. 2044. LARCENY. Grand, converting realty into personalty with felonious intent, pun- ishment of, act relating to, p. 2077. Grand, stealing amalgam, gold-dust, or quicksilver from any mining claim, punishment of, act relating to, p. 2077. Realty, converting into personalty with fraudulent intent, p. 2077. LIBEL. Undertaking for costs in, p. 1961. LIENS. Act. giving, to loggers and laborers, p. 1925. LIMITATION OF ACTION. State, action against, to quiet title to lands sold by, p. 1968. LIVE-STOCK. Combinations to obstruct sale of, prevented, p. 1853. LOGGERS. Act giving lien to loggers and laborers, p. 1925. LOS ANGELES COUNTY. Acts increasing number of superior judges in, p. 1955. MAIL CARRIERS. To ride free on street railways, p. 1932. MALICIOUS MISCHIEF. To buoys and beacons, p. 1998. MARKET. Free, act authorizing harbor commissioners to establish In San Francisco, pp. 1837, 1838. 2164 INDEX TO APPENDICES. MARRIED WOMAN. Deposit by in bank, how held and paid, p. 1860, MASTER AND SERVANT. Assignment of wages by employee of corporation, act relative to, p. 1898. Compensation, acts providing for manner of by corporation, p. 1898. Conspiracy, meaning of in disputes between employer and employee limited, p. 2006. Employment agent, duties and liabilities of, p. 2031. Injunctions in disputes between, use of restricted, p. 2006. Lien of loggers and laborers upon logs cut, p. 1925. Lunch hour for laborers in mills and logging camps, p. 1927. Misrepresentations of conditions of employment, a misdemeanor, p. 2078. McENERNV ACT. See Burnt or Destroyed Records or Documents. MECHANICS. Employed by corporations, act to provide for payment of wages of, p. 1897. MECHANICS' INSTITUTE. Act validating acknowledgments by, p. 1853. MENDOCINO COUNTY. Act to prevent taking of fish by means of weirs, dams, nets, traps, or seines in certain streams in, p. 2042. MINE. Stealing of amalgam, gold-dust, or quicksilver, grand larceny, p. 2077. MINING CORPORATIONS. Protection of miners, act providing for, p. 1927. MISDEMEANOR. Adulterated honey, sale of, p. 1981. Adulteration of foods and drugs, pp. 1983, 1991, 2020. Artesian well, waste of waters of, p. 1996. Beacon, mooring vessel to, p. 1998. Beacon, removal of, or injury to, p. 1998. Bristle-bur, or tack bur, use of, p. 1994. Buoy, mooring vessel to, p. 1998. Buoy, removal of, p. 1998. Buoys or beacons. Injuring or removing, p. 1998. Butter and cheese, deception in manufacture and sale of, p. 2004. Butter, sale of short-weight rolls of, p. 1999. Deer, destruction of on Mt. Diablo, p. 2047. Drugs or poisons, giving to animals, p. 1995. Drunkard, selling liquors to, p. 2053. Disinterment of dead bodies, without lawful permit, p. 2099, Employment agent, when guilty of, p. 2031. Exhuming, removing, or transporting bodies of deceased persons without lawful permit, p. 2099. INDEX TO APPENDICES. 2165 MISDEMEANOR (continued). Fences, leaving open, p. 2038. Gas, turning off at meter, p. 2048. Grand Army, wearing badge of, p. 2049. Honey, adulteration of, p. 1983. Inclosurcs, leaving open, p. 2038. Injury to growing tt-ees in counties of Fresno, Tulare, or Kern, p. 2050. Intoxicating liquor, sale of to i)ersons addicted to use of, p. 2053. Misrepresentations of conditions of employment, p. 2078. Mocking-birds, capture or destruction of birds or their nests, p. 2047. Mooring vessel to buoy or beacon, p. 1998. Mt. Diablo, destruction of deer on, p. 2047. Officer becoming intoxicated, p. 2079. Olive-oil, selling imitation, p. 2085. Passage, tickets for foreign country, refusal to sell, p. 2030. Subterranean waters, waste of, p. 1996. Water, subterranean, wasting, p. 1996. MOCKING-BIRDS. Capture or destruction of, a misdemeanor, p. 2047. Nests, injury to a misdemeanor, p. 2047. MONO COUNTY. Acts increasing number of superior judges in, p. 1956. MORTGAGE. Fees in foreclosure of, to be fixed by court in all cases, p. 1962, MT. DIABLO. Deer on, act to prevent destruction of, p. 2047. MUNICIPAL, CORPORATION. Fares on railroads in cities over 100,000, act limiting, p. 1930. Franchises, acts relating to sale of and governing conditions of sale, p. 1932. MUTUAL FIRE INSURANCE COMPANIES. Act providing for organization and management of, p. 1917. NATIONAL BANKS. Examination of, by superintendent of banks, p. 1869. NATIONAL GUARD. Act regarding organizations, officers, and members of, p. 1842. Act to establish camp of instruction for, p. 1841. Act to provide for independent and unattached companies of, p. 1841. Holding of encampments of, p. 1842. NAVIGATION. Protection of buoys and beacons, p. 1998. NEVADA COUNTY. Protection of game in, p. 2047. 2166 INDEX TO APPENDICES. OATH. By trust companies, how taken, p. 1877. OFFICES AND OFFICERS. Act making women eligible to educational offices, p. 1842. Candidates for office, act to prevent extortion from, p. 2028. Intoxication of officers, punishment of, p. 2079. State board of examiners, act prescribing duties of, p. 1843. State controller, act prescribing duties of, p. 1843. State treasurer, act prescribing duties of, p, 1843. OILS. Act to prevent adulteration of, p. 1982. OLIVE-OIL.. Sale of, act regulating, p. 2079. ORPHAN ASYLUM. Guardians for infants maintained in, p. 1911. PAINTS. Act to prevent adulteration, p. 1982, PARDON. Parole of prisoners, acts relating to, pp. 2141, 2142. PAROLE. Act establishing board of parole commissioners, p. 2141. Act establishing parole commissions for counties, p. 2142. Government of parole prisoners, act relating to, p. 2141. Parole commissioners for counties, p. 2142. PENSIONS. Act creating for members of fire department, p. 1830. County clerk to take affidavits of claimants without fee, p. 1782. Police relief, health, and life insurance and pension fund, p. 2088. PHYSICIAN. Coroners' inquests, attendance at and compensation of, p. 2010. PIECE CLUBS. Formation of prohibited, p. 2028. PIGMENTS. Act to prevent adulteration of, p. 1982. PILOTS. Act relating to pilots and pilot regulations, p. 1846. Appointment, duties, and compensation of pilots, p. 1846. PLEADING. Burnt or destroyed records, restoration of, act releasting to, pp. 1943, 1948. POISON. Animals, act to prevent giving of, to, p. 1995. Sale of poisonous substances, act regulating, p. 2082. POLICE, Extra police-officers, appointment and compensation of, p. 2095. Hours of service of, p. 2097. Increase of police force, p. 2095. INDEX TO APPENDICES. »1«7 POLICE (continued). Number of, limit on, p. 2095. Railroad and steamship companies, appointment of police to serve on, p. 2098. • Relief, health, and life insurance and pension fund, p. 2088. Salaries of chiefs, captains of police and police-officers In cities of certain sizes, p. 2095. Senior rights of members of paid police departments, act relating to, p. 2098. Yearly vacations to be granted members of, p. 2096. POLICE COLRT. Act transferring records and proceedings to, p. 1963, POSSE C03HTATUS. Supervisors authorized to pay costs and expenses of, p. 2142. PREFERENCE. Depositors in departmental bank in assets of department, p. 1864. Depositors over stockholders, p. 1863. PRE3IIUM. On bonds of officers, city, county, or state to pay, p. 1781. PRESIDENT. Assault upon, a felony, p. 2007. Conspiracy to commit any crime against, a felony, p. 2007. PRESTON SCHOOL OF INDUSTRY. See School of Industry. PRIMARY ELECTIONS. See Elections. Act Of 1909 relating to, p. 1782. PRISONER. Costs of trial of convicts for crimes committed In prison, p. 2141. Costs of trial of escaped convicts, payment of, p. 2141. Employment of prisoners in constructing roads, p. 2140. PRISONS. Coroners' inquests in, expenses of, payment of, p. 2141. Folsom, employment of prisoners in completion of road, p. 2140. Folsom, rock-crushing plant, act relating to, p. 2134. Hemp, directors authorized to purchase to make into bags, p. 2137. Jute and jute goods, directors authorized to insure, p. 2139. Jute bags, price at which to be sold, p. 2138. Jute, prison directors authorized to fix the price, terms, and con- ditions of sale of jute bags, p. 2138. Jute, offenses under act relating to sale of jute bags, punishment of, p. 2138. Parole of prisoners, pp. 2141, 2142. Rock-crushing plants at, p. 2131. San Quentin, employment of prisoners In completion of road, p. 2140. PROCESS. Act concerning execution of final, p. 1962. Act validating, in absence of lawful seal, p. 1963. 2168 INDEX TO APPENDICES. PROTECTIVE ASSOCIATIONS. Act validating acknowledgments by, p. 1853. PUBLIC ADMINISTRATOR. Coroner to act as, when, p. 1963. Deposit of money by, withdrawal of, and discharge of, p. 1901. PUBLIC CEMETERY DISTRICTS. See Cemetery. PUBLIC HEALTH. Exhumation and removal of dead bodies, regulation of, p. 2099. PURITY OP ELECTIONS ACT, Repeal of, p. 1808. RAILROAD C03IMISSI0N. Act defining powers and duties of commissioners of transportation, p. 1930. Act providing for organization of and defining powers and duties of. p. 1930. RAILROADS. Act defining offenses by transportation companies, their officers, employees and other persons, and providing penalties, p. 1930. Act providing for time for completion of roads, p. 1929. Commissioners of transportation, act relating to, p. 1930. Commissioners, railroad, act organizing and defining powers of board, p. 1930. Completion of road, act authorizing, p. 1929. Franchise, statute limiting time within which may be granted, p. 1931. Franchise, statutes relating to sale of and governing conditions of sale, p. 1932. Franchise, statute validating ordinances granting, p. 1929. Mail carriers to ride free on street-cars, p. 1932. Police, appointment of to serve on, p. 2098. REAL PROPERTY. Burnt records, establishing title in case of, pp. 1943, 1948. Burnt records, filing notice of ownership in case of, p. 1948. Notice of ownership, filing, where records burnt, p. 1948. RECEIVER. Corporation, statute authorizing, to act as, p. 1900. Deposit of money In trust company and discharge from liability, p. 1901. Deposit of personal assets in trust company and reduction of bond, p. 1901. Statute authorizing corporation to act as, p. 1900. RECORDS OR DOCUMENTS. Act as to quieting title in case of burnt or destroyed, pp. 1943, 1948. Act transferring records of old courts to courts created by new constitution, p. 1963. Burnt, restoration of, p. 1950. INDEX TO APPENDICES. 2169 RESTORATION. Of burnt or destroyed records or documents, p. 1950. RESTRAINING ORDERS. Use of term, how limited, in disputes between employers and em- ployees, p. 2006. ROCK-CRUSHING PLANTS. At the state prisons, acts concerning-, pp. 2131, 2134. RURAL. CEMETERY ASSOCIATIONS. Act to authorize incorporation of, p. 1896. SACRAMENTO COUNTY. Act increasing number of superior judges in, p. 1956. SAFE DEPOSIT. Right of bank to conduct, p. 1865. SALARY. Justice's clerk's assistants', in cities and counties over two hundred thousand, p. 1958. Of justices of the peace in cities and towns, p. 1960. Treasurer, deputies and clerks in certain cities and counties, p. 1850. SAN ANTONIO CREEK. Fish not to be caught by seines, nets nor weirs in, p. 2043. SAN BERNARDINO COUNTY. Act increasing number of superior judges in, p. 1956. SAN DIEGO COUNTY. Act increasing and decreasing number of superior judges in, p. 1956. Act relating to pilots and pilot regulation for, p. 1846. False Bay, act to prevent fishing by means of weirs, dams, nets, traps or seines in, p. 2042. SAN FRANCISCO. Free market, act authorizing harbor commissioners to establish, pp. 1837, 1838. Justice's clerk and assistants in, act relating to, p. 1958. Italian interpreter in, p. 2051. Notary for, to reside at Yerba Buena Island, p. 1847. Service of summons issued from justices' courts in, p. 1960. Stenographer in, for coroner, p. 2009. SAN JOACIUIN COUNTY. Act increasing number of superior judges in, p. 1956. SAN LEANDRO CREEK. Fishing in forbidden, p. 2044. SAN LUIS OBISPO COUNTY. Act increasing and decreasing number of superior judges in, p. 1956. SAN PEDRO. Act relating to pilots and pilot regulations for bay of, p. 1846. SANTA CLARA COUNTY. Act increasing number of superior judges in, p. 1957. 2170 INDEX TO APPENDICES. SCHOOL OF INDUSTRY (PRESTON). See Juvenile Courts; School of Reform. Commitment to, p. 2055, 2128. Establishment of, p. 2102. Maintenance of, p. 2102. Management of, p. 2102. Powers of judge, p. 2128. Procedure, p. 2128. SCHOOL OF REFORM (WHITTIER). See Juvenile Courts; School of Industry. Commitment to, pp. 2055, 2128. Commitment to, by juvenile court, p. 2055. Establishment, maintenance, and government of, p. 2112. Judge, powers of, p. 2128. Maintenance of inmates and liability for, p. 2112. Procedure on commitments to, p. 2128. SCHOOLS. Women eligible to educational ofHces, p. 1842. SEAL. Want of, not to affect validity of writs, process, etc., when, p. 1963. SECRETARY. Federal executive, offenses against, punishment of, p. 2007. Of superior court, in certain cities and counties, p. 1954. SEDUCTION. Act to punish, p. 2130. Punishment of, p. 2130. SHASTA COUNTY. Increasing number of superior judges for, p. 1957. SHERIFF'S FEES. In proceedings to commit to School of Industry, p. 2111. SHIPPING. Buoy or beacon, mooring vessel to, a misdemeanor, p. 1998. Buoy or beacon, removing, or injuring, punishment of, p. 1998. Buoys and beacons, protection of, p. 1998. SLANDER. Undertaking for costs in, p. 1961. STATE Acts relating to suits against, p. 1847. Claims against by counties, act authorizing settlement of, p. 1847. Fish law, costs of trial of persons violating, to be borne by state, p. 2040. Proceeding against, act authorizing, pp. 1965, 1967, 1968. STATE ANALYIST. Appointment, powers, and duties of, p. 1848. STATE BOARD OF EXAMINERS. Act prescribing certain duties of, p. 1843. INDEX TO APPENDICES. 2171 STATE CONTROL,I.ER. Act prescribing certain duties of, p. 1843. STATE DRAINAGE CONSTRUCTION FUND. Transfer of moneys in, p. 1850. STATE LABORATORY. For foods, drugs, and liquors, act relating to, p. 1983. STATE LAND. Quieting title against state to lands sold by state, p. 1968. STATE PRISONS. See Prisons. STATE TREASURER, Act prescribing certain duties of, p. 1843. STATE VETERINARIAN. Act creating, p. 1993. STATUTE OF LIMITATIONS. Of action against state to quiet title to lands sold by it, p. 1968. STEAMBOAT. Police, appointment of to serve on, p. 2098. STENOGRAPHER. Employment of, for governor, p. 1833. STOCKHOLDERS. List of, to be accessible, p. 1861. STREET-RAILWAY CORPORATION. Completion of road, act authorizing, p. 1929. Fare in cities over 100,000, act limiting rate of, p. 1930. Franchise, acts relating to sale of and governing conditions of sale, p. 1932. Franchise, limitation of time within which may be granted, p. 1931. Franchise, statute validating ordinance granting, p. 1929. Mail carriers to ride free on, p. 1932. Rates of fare, p. 1930. SUBPOENAS. Fee for service by person other than sheriff, p. 1952. SUMMONS. Fee for service by person oth«r than sheriff, p. 1952. State, action to quiet title against, upon whom served, p. 1966. SUPERIOR COURTS. Increasing or decreasing number of judges of, p. 1955. Secretary of, in certain counties, p. 1954. SUPERIOR JUDGES. Have exclusive power to commit to Whittier and Preston schools, p. 2128. Number of, in particular counties, acts relating to, pp. 1954-1957. Secretary of, in certain counties, p. 1954. SUPERVISORS. Franchise, act limiting time within which may be granted, p. 1931. Franchise, act relating to sale of and governing conditions of sale, p. 1932. 2172 INDEX TO APPENDICES. SUPERVISORS (continued). Franchise, act validating ordinance granting-, p. 1929. Posse comitatus, autliorized to pay expenses of, p. 2142. Rates for water sold for irrigation, may fix, p. 1936. SUPREME COURT COMMISSIOIV. Creation and abolition of, p. 1968. SURETY. Corporation accepted as sole surety when, and when not. p. 1900. Corporation as, duty of insurance commissioner, p. 1896. SURETY COMPANIES. City, county, or state to pay premium on official bonds given by, p. 1781. SURGEON. Attendance at coroner's inquest and compensation of, p. 2110. SUTTER COUNTY. Separate judges for Sutter and Yuba counties, act providing for, p. 1957. SYRUP. Adulterated, sale of, prohibited and punished, p. 1971. TITUE. Establishing, to realty where records burnt, act relating to, pp. 1943, 1948. TRADE-MARK. Statute for protection of owners of bottles, boxes, siphons, etc., p. 1933. TRANSPORTATION. Commissioners of, act relating to, p. 1930. TREASURER. Act prescribing certain duties to be performed by, of state, p. 1843. Act requiring payment into treasury of all moneys belonging to state, p. 1850. Deputies and clerks In certain cities, and cities and counties, p. 1850. Deputies and clerks in certain cities and counties, appointment of, p. 1850. » Deputies and clerks in certain cities and counties, salaries of, p. 1850. Funds, acts authorizing transfer of by, p. 1850. Salaries of deputies and clerks in certain counties, and cities and counties, p. 1850. TRESPASS. Hunting on inclosed land, act to prevent, p. 2038. Tearing down fence to make passage through inclosure, p. 2038. TRUSTEES. Corporation, deposit of funds with, and reduction of bonds, p. 1901. Corporation, statute authorizing, to act as, p. 1900. TRUSTS. Act authorizing corporation to act as trustee, p. 1900. INDEX TO APPENDICES. 2173 TRUSTS (continued). Act reg-ulating administration of, by corporation, p. 1900. Corporation, act authorizing to act as executor, p. 1900. Deposit in bank or trust company and discharge from liability, p. 1901. Deposit in trust for another, rights under, p. 1860. Deposit of assets in trust company and reduction of bond, p. 1901. Deposit of money in trust company and discharge of trustee, p. 1901. Deposit of personal assets in trust company and reduction of bonds, p. 1901. Live-stock, combinations to obstruct sale of, prevented, p. 1853. TLILARE COUNTY. • Acts increasing and diminishing number of superior judges, p. 1957. Act to protect growing trees in, p. 2050. UNDERTAKING. Costs in libel and slander, to cover, p. 1961. UNION LABOR. See Labor Unions. UNITED STATES FLAG. Desecration of prohibited, p. 2046. UNITED STATES JUDGES. Offenses against, p. 2007. VARNISHES. Act to prevent adulteration of, p. 1982. VETERANS. Unlawfully wearing badge of grand army, punishment of, p. 2049. VETERINARIAN. State, act creating, p. 1993. VICE-PRESIDENT. Offenses against, p. 2007. WAGES. Of mechanics and laborers employed by corporations, act providing for payment of, pp. 1897, 1898. WATER. Artesian wells, act preventing waste, and flow of water from, p. 1996. Subterranean, regulating use of and preventing waste of, p. 1996. WATER COMPANY. Rates of water sold for irrigation, supervisors may flx, p. 1936. Sale, rental, and distribution of water other than in cities, act relat- ing to, p. 1936. WARRANTS. Act prescribing duties of state ofBcers in relation to, p. 1843. WELLS. Regulating use and preventing waste of subterranean water, p. 2174 INDEX TO APPENDICES. WHARVES. Private, repair of, by state harbor commissioners, p. 1840. WHITTIER STATE SCHOOL. See Juvenile Courts; School of Reform. WILMINGTON. Act relating to, pilots and pilot regulations for port of, p. 1846. WINE. Act to establish uniform nomenclature for pure wines, p. 1977. Acts to prevent deception in manufacture and sale of, p. 1977. Fraud in manufacture and sale of prohibited, p. 1971. Sophistication and adulteration of prohibited, p. 1971. W^ITNESSES. Interpreter, Italian, appointment and compensation in certain cities, p. 1957. W^OMEN. Eligible to educational offices, p. 1842. W^ORDS AND PHRASES. See Definitions. WRITS. Act validating, in absence of lawful seal, p. 1963. YUBA COUNTY, Separate judges for Sutter and Yuba counties, p. 1957. f -_.i U.C.BERKELEY LIBRARIES II CD2Sflfl7MEl